Version 0.9 Dernière Modification le 04/03/15
The website zeemeermin-staart.com (hereinafter referred to as the “Site” or Zeemeermin-staart) is an e-commerce site accessible via the Internet.
Zeemeermin-staart is a Japanese company.
All orders placed on the Site are subject to these general conditions of sale. These general conditions of sale apply to all sales concluded via the website www.zeemeermin-staart.com for items sold and shipped by zeemeermin-staart.com.
Zeemeermin-staart may modify some of the elements constituting its general conditions of sale, when major modification, the Site will inform its customers by e-mail, however it is advisable to make a new reading with each order in order to Note minor changes.
These changes are applied as soon as they are put online and can not be applied to orders placed previously. Each order on the Site is governed by the general sales conditions applicable on the date of the order. We consider that you accept without reserve our General Conditions of Sales at the moment when you click on the button which will allow you the validation of the order. You will thus recognize your payment obligation.
Consequently, the customer acknowledges that he is fully informed that his agreement concerning the content of these general conditions does not require the handwritten signature of this document, the full acceptance of these conditions is evidenced by the customer’s electronic signature, composed of A simple confirmation by e-mail. This confirmation email will contain a copy of these terms and conditions.
This electronic signature or confirmation by e-mail has the value of a handwritten signature between the parties.
Without the user’s electronic signature, the order can not be finalized.
Article 1: Entirety
The present terms and conditions express the full obligations of the parties and the language proposed for the conclusion of the contract is in French. In this sense, the customer acknowledges to accept without reserve all the provisions provided for in these general conditions.
Article 2: Purpose
The purpose of these terms and conditions is to define the rights and obligations of the parties in connection with the online sale of goods and services offered by the Site to the consumer.
Article 3: Contractual documents
This contract is formed by the following contractual documents, presented in descending hierarchical order: these general conditions, the order form. In the event of any inconsistency between the provisions contained in documents of different rank, the provisions of the above document shall prevail.
Article 4: Entry into force – duration
The present general conditions come into force on the date of signature of the order form and are concluded for the duration necessary for the supply of the goods and services subscribed, until the extinction of the guarantees due by the Site.
Article 5: Confirmation of order
The contractual information will be confirmed by e-mail without delay after validation of the order.
Article 6: Proof of the transaction
The computerized registers, kept in the computer systems of our server under reasonable conditions of safety, will be considered as evidence of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.
Article 7: Product information
7-a: The products to be sold are presented on the site zeemeermin-staart.com with the characteristics necessary to comply with Article L 111-1 of the Consumer Code, which provides the possibility for the potential consumer to Knowledge of the essential characteristics of the products he wishes to purchase before the final order.
7-b: The offers presented by the Site are valid only within the limit of available stocks.
7-c: The images of the products in the items sheets are taken in the studio, the lighting associated with the shots can give a color rendering slightly different than the actual product.
Article 8: Price
The prices are indicated in euros, they take into account the possible reductions applicable on the day of the order.
The prices are valid only on the date of the sending of the order form by the consumer. They do not take account of the delivery costs, invoiced in addition, and indicated before the validation of the order. Payment of the full price must be made at the time of the order.
At no time, the sums paid can not be considered as a deposit or prepayments.
Article 9: Method of payment
To adjust its order, the consumer has, at his option, all the payment methods referred to in the order form.
The consumer guarantees that he has the necessary authorizations to use the method of payment chosen by him, when validating the purchase order.
The Site reserves the right to suspend any management of order and any delivery in case of refusal of authorization of payment by credit card from the officially accredited bodies or in case of nonpayment.
The Site reserves in particular the right to refuse to make a delivery or to honor an order from a consumer who has not fully or partially settled a previous order or with which a payment dispute is being administered.
Article 10: Securing of payments
Zeemeermin-staart uses the secure payments service Stripe which is responsible for protecting the security of Data in their possession. they will maintain commercially reasonable administrative, technical, and physical procedures to protect User Data and Personal Data stored in theirs servers from unauthorised access, accidental loss, modification, or breach, and they will comply with applicable Laws and Network Rules when they handle User and Personal Data.
Article 11: Availability of products
The order will be executed no later than three (3) working days from the day following the day on which the consumer placed his order for a product indicated on the item card “In Stock”.
For an item whose availability stipulates a different delivery time than “In Stock”, the order will be executed no later than the deadline entered in working days in the material master record from the day following the consumer’s Order. If the next day is a non-working day (Sunday and public holiday), the next day will be taken into consideration as the first day of the deadline.
In case of unavailability of a product ordered, in particular by our suppliers, the consumer will be informed as soon as possible and will be able to replace the item by another one of the same amount or to cancel his order. In the event of cancellation, the consumer will be refunded the sums paid in the method of payment used during the payment of his order and those within thirty (30) days at the latest of their payment. The Site can not be held responsible for partial or total unavailability of the order when the product does not contain the indication of availability “In Stock” on the material master record.
Article 12: Terms of delivery
Zeemeermin-staart will do its best to ensure that the order is delivered within the time period indicated at the time of placing the order or at the latest within thirty (30) days.
The deadline for delivery could be extended for the DOM-TOM and Switzerland due to the customs controls that could be provided if necessary.
In case of non respect, the customer of the Site can then request the full refund of his order including the expenses of sending.
It is specified that orders placed on the site on Saturday or Sunday are processed the following Monday.
During the shipment, the Site will communicate by e-mail the tracking number of the parcel to the e-mail address of the consumer entered at the time of his inscription. The products are delivered to the address indicated by the consumer on the order form.
Article 13: Problems of delivery by the carrier
Any anomaly concerning the delivery (damage, missing product in relation to the delivery note, damaged package, broken products) must be indicated on the carrier’s delivery note in the form of “detailed handwritten reserves”, accompanied by the signature of the customer. The consumer must simultaneously confirm this anomaly by sending to the carrier within two (2) working days following the delivery date, a registered letter with acknowledgment of receipt setting out the said claims.
The consumer must send a copy of this e-mail to: firstname.lastname@example.org
Article 14: Delivery errors
14-a: The consumer must formulate on the Site the same day of delivery or at the latest within five (5) working days following the delivery, any complaint of error of delivery and / or non-conformity of products in kind or In quality compared to the indications on the order form. Any claims made beyond this deadline will be rejected.
14-b: The formulation of this complaint with the site may be made:
– preferably by email to email@example.com
14-c: In the event of a delivery error due to not residing at the indicated address, the Site will reimburse the customer’s order by deducting the amount of shipping charges paid by the Site during the shipment .
14-d: In case of error of delivery or exchange, any product to be exchanged or refunded must be returned in its entirety and in its original packaging in perfect condition of resale, to the address that will be transmitted to you .
14-e: Any complaint not made in the rules defined above and in the time allowed can not be taken into account and will release the company from any liability towards the consumer.
Article 15: Right of withdrawal
The consumer has a period of 7 calendar days to withdraw from this contract without giving reasons.
This period runs from the day the consumer, or a third party other than the carrier and designated by the consumer, physically takes possession of the last good.
Exercise of the right of withdrawal:
This right of withdrawal is exercised in three ways by an unambiguous decision:
– by email to firstname.lastname@example.org
You can also use the form provided within your account on our site, but it is not mandatory.
In order for the withdrawal period to be applied, it is sufficient for you to send us your communication corresponding to the exercise of the right of withdrawal before the expiration of the period of 7 days.
You will have to pay the return costs for returning the property. You must return the property without delay no later than 4 days after you notify us of your decision to withdraw from this contract.
In the event of the exercise of the right of withdrawal, the consumer will be refunded the sums paid during the passage of his order, delivery not included.
In the event of exercise of the right of withdrawal, Zeemeermin-staart will make every effort to reimburse the consumer within a maximum period of 14 days, from the day you have communicated to us your decision to retract this contract. The reimbursement may be deferred if the property is not received or until you have provided proof of shipping the property, whichever is the earlier.
The refund process works using the same payment solution that you used for the transaction, unless you specifically want a different way; In any case, this reimbursement will not incur any costs for you.
Your liability is only incurred in respect of the depreciation of the property resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of the property.
The consumer will then be refunded by crediting his bank account (secure transaction) in case of payment by credit card.
Only the products returned in their entirety, in their original packaging and in perfect condition of resale will be taken back. Any product that has been damaged, soiled, from which the product labels have been cut or removed, or whose original packaging is missing, will not be refunded. The Site may have to claim the payment of the return costs, in order to return an article in non-conformity with the aforementioned elements above.
Article 16: Force Majeure
Neither party shall have failed to fulfill its contractual obligations to the extent that their performance is delayed, hindered or prevented by unforeseeable circumstances or force majeure.
Any event or irresistible circumstance, external to the parties, unforeseeable, inevitable, independent of the will of the parties and which can not be prevented by the parties, despite all reasonably possible efforts, shall be regarded as a fortuitous event or force majeure. The party affected by such circumstances shall notify the other party within ten working days of the date on which it becomes aware of it.
The two parties shall, within a period of one month, close together, unless it is impossible due to force majeure, to examine the impact of the event and to agree on the conditions under which the performance of the contract will be continued. If the case of force majeure has a duration of more than three months, these general conditions may be terminated by the injured party.
Expressly, force majeure or unforeseeable circumstances are considered, in addition to those usually adopted by the jurisprudence of the French courts and tribunals: the blocking of transport or of supplies, earthquakes, fires, storms, floods, lightning; The shutdown of the telecommunication networks or difficulties specific to the telecommunication networks external to the customers.
Article 17: Partial non-validation
If any stipulations of these Terms and Conditions is held to be invalid or declared to be invalid or unenforceable by law, regulation or as a result of a final decision of a court of competent jurisdiction, the other stipulations will retain their full strength and scope.
Article 18: No waiver
The fact that one party does not avail itself of a failure by the other party to any of the obligations referred to in these general conditions can not be interpreted in the future as a waiver of the obligation in question.
Article 19: Applicable Law
These general conditions of sale are subject to Japanese law.
In case of difficulty occurring during the order or delivery of articles zeemeermin-staart.com, the customer will have the possibility, before any legal action, to seek an amicable solution, notably with the help of An association of consumers or any other counsel of its choice.
Any dispute arising out of the interpretation or the execution of these general conditions of sale and its consequences will be subject to the exclusive jurisdiction of the Japanese courts
Article 20: Intellectual Property
All the texts and images presented on the website www.zeemeermin-staart.com are reserved, for the whole world, in the title of the royalties and intellectual property; Their reproduction, even partial, is strictly forbidden.
A user who has a personal website and who wishes to place a simple link for his own use directly on the site of the website www.zeemeermin-staart.com is obliged to ask for it authorization to the Zeemeermin-staart company.
This will not be an implicit affiliation agreement.
On the other hand, any hypertext link referring to www.zeemeermin-staart.com and using the technique of framing or in-line linking is formally prohibited.