General conditions of sale

Preamble 

These general terms and conditions of sale apply to all sales concluded on the hayami-shop.fr website. 

The website hayami-shop.fr is a service of the company Oka Production, located at 98 route de la Reine, 92100 Boulogne-Billancourt, France, registered in the Nanterre trade register under SIRET number 84276303900034

Website URL: http://hayami-shop.fr

Email: contact@hayami-shop.fr

The hayami-shop.fr website sells the following products: Hayami brand clothing and accessories.

The customer declares to have read and accepted the general conditions of sale prior to placing the order. Validation of the order therefore constitutes acceptance of the general conditions of sale. 

Article 1 - Principles 

These general conditions of sale express the entirety of the obligations of the parties. 

In this sense, the buyer is deemed to accept them without reservation. 

These general conditions of sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels. 

They are accessible on the website hayami-shop.fr and will prevail, where applicable, over any other version or contradictory document. 

The seller and buyer agree that these terms and conditions govern their relationship exclusively. The seller reserves the right to modify these terms and conditions from time to time. They will be applicable as soon as they are posted online. 

If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector for companies with their headquarters in France. 

These general conditions of sale will be valid for as long as the website hayami-shop.fr will be active. 

Article 2 - Content 

The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of clothing and accessories offered by the seller to the buyer, from the website hayami-shop.fr. 

These conditions apply to purchases made on the hayami-shop.fr website and delivered to mainland France, Corsica, the French overseas departments and territories, or abroad. 

These purchases concern the following products: clothing and accessories from the Hayami brand. 

Article 3 - Pre-contractual information 

The buyer acknowledges having received, prior to placing his or her order and concluding the contract, in a legible and understandable manner, these general terms and conditions of sale and all the information listed in Article L.221-5 of the Consumer Code. 

The following information is transmitted to the buyer in a clear and comprehensible manner: 

• the essential characteristics of the clothing or accessories;
• the price of the item of clothing or accessory per unit and/or the method of calculating the price;
• If applicable, all additional transport, delivery or postage costs and all other possible charges payable; 
• in the absence of immediate execution of the contract, the date or period by which the seller undertakes to deliver the order, whatever its price; 
• Information relating to the identity of the seller, their electronic contact details, and their activities relating to legal guarantees and the existence and terms of implementation of guarantees and other contractual conditions. 

Article 4 - The order 

The buyer has the option of placing an order online, from the online catalog and using the form provided there, for any product within the limits of available stocks. 

The buyer will be informed of any unavailability of the product ordered. 

To confirm the order, the buyer must accept these terms and conditions by clicking on the appropriate button. They must also select the delivery address and method, and finally confirm the payment method. 

The sale will be considered final: 

• after sending the buyer confirmation of acceptance of the order by the seller, by email; 
• and after receipt by the seller of the full price. 

Any order constitutes acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will be subject to a possible exchange and the guarantees mentioned below. 

In certain cases, including non-payment, incorrect address or other problem with the buyer's account, the seller reserves the right to block the order until the problem is resolved. 

For any questions regarding order tracking, the buyer can send an email to the following address: contact@hayami-shop.fr

Article 5 - Electronic signature 

The online provision of the buyer's bank card number and the final validation of the order will constitute proof of the buyer's agreement: 

• due date of the amounts due under the purchase order;
• signature and express acceptance of all operations carried out. 

In the event of fraudulent use of the bank card, the buyer is invited, as soon as this use is noticed, to contact the seller by email at the following address: contact@hayami-shop.fr

Article 6 - Order confirmation 

The seller will provide the buyer with an order confirmation by email to the address provided by the buyer. The seller cannot be held responsible for any errors in the information and contact details provided by the buyer. 

Article 7 - Proof of the transaction 

The computerized records, kept in the seller's computer systems under reasonable security conditions, will be considered as proof 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 8 - Product Information 

The products governed by these general conditions of sale are those which appear on the seller's website and which are indicated as sold and shipped by the seller.

They are offered while stocks last.
The products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, the seller cannot be held liable. 

Product photographs are not contractually binding. 

Article 9 - Prices 

The seller reserves the right to modify its prices at any time but undertakes to apply the current rates indicated at the time of the order, subject to availability on that date. 

Prices are shown in euros. They do not include delivery charges, which are charged extra and are indicated before the order is confirmed. Prices include the VAT applicable on the day of the order, and any change in the applicable VAT rate will be automatically reflected in the price of products in the online store. 

If one or more taxes or contributions, particularly environmental ones, were to be created or modified, either upwards or downwards, this change could be reflected in the selling price of the products. 

Article 10 - Method of payment 

This is an order with payment obligation, which means that placing the order implies payment by the buyer. 

To pay for their order, the buyer may choose from any of the payment methods made available by the seller and listed on the seller's website. The buyer guarantees the seller that they have the necessary authorizations to use the payment method chosen by them when validating the order form. 

The seller reserves the right to suspend any order processing or delivery in the event of refusal of credit card payment authorization by officially accredited organizations or in the event of non-payment. The seller reserves the right to refuse to make a delivery or to honor an order from a buyer with whom a payment dispute is currently being administered. 

Payment of the price is made in full on the day of the order, according to the payment methods available on the hayami-shop.fr website.

Article 11 - Availability of products - Reimbursement - Resolution

Except in cases of force majeure or during periods when the online store is closed, which will be clearly announced on the website's homepage, shipping times will be, within the limits of available stocks, those indicated below. Shipping times run from the date the order is registered, indicated in the order confirmation email. 

For deliveries to mainland France and Corsica, the delivery time is 5 days from the day after the buyer places their order, according to the following terms: standard delivery. At the latest, the delivery time will be 30 working days after the conclusion of the contract. 

For deliveries to the French overseas departments and territories or another country, the delivery terms will be specified to the buyer on a case-by-case basis. 

In the event of non-compliance with the agreed delivery date or time, the buyer must, before terminating the contract, order the seller to perform it within a reasonable additional period. 

In the absence of performance at the end of this new period, the buyer may freely terminate the contract. 

The buyer must complete these successive formalities by registered letter with acknowledgment of receipt or in writing on another durable medium. 

The contract will be considered terminated upon receipt by the seller of the letter or document informing him of this termination, unless the professional has performed in the meantime.

The buyer may, however, immediately terminate the contract if the dates or deadlines referred to above constitute an essential condition of the contract for him or her.

In this case, when the contract is terminated, the seller is required to reimburse the buyer for all sums paid, at the latest within 14 days following the date on which the contract was terminated.

In the event that the ordered product is unavailable, the buyer will be informed as soon as possible and will have the option to cancel their order. The buyer will then have the option of requesting either a refund of the sums paid within 14 days of their payment at the latest, or an exchange of the product.

Article 12 - Delivery terms 

Delivery means the transfer to the consumer of physical possession or control of the goods. The products ordered are delivered according to the terms and within the time frame specified above.

The products are delivered to the address indicated by the buyer on the order form; the buyer must ensure its accuracy. Any package returned to the seller due to an incorrect or incomplete delivery address will be reshipped at the buyer's expense. The buyer may, at his or her request, have an invoice sent to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.

If the buyer is absent on the day of delivery, the person in charge of delivery will leave a calling card in the mailbox, which will allow the package to be collected at the place and time indicated.

If the original packaging is damaged, torn, or open upon delivery, the buyer must check the condition of the items. If they are damaged, the buyer must refuse the package and note a reservation on the delivery slip (package refused because it was open or damaged).

The buyer must indicate on the delivery slip and in the form of handwritten reservations accompanied by his/her signature any anomaly concerning the delivery (damage, product missing from the delivery slip, damaged package, broken products, etc.).

This verification is considered to have been carried out as soon as the buyer or a person authorized by him or her has signed the delivery note.

The buyer must then confirm these reservations to the carrier by registered letter no later than two working days following receipt of the item(s) and send a copy of this letter by fax or regular mail to the seller at the address indicated in the legal notices on the site.

If the products need to be returned to the seller, a return request must be submitted to the seller within 14 days of delivery. Any claim made outside this period will not be accepted. Product returns will only be accepted for products in their original condition (packaging, accessories, instructions, etc.).

Article 13 - Delivery errors

The buyer must notify the seller on the day of delivery or at the latest on the first working day following delivery of any claim for delivery errors and/or non-conformity of the products in nature or quality with respect to the information on the order form. Any claim made after this deadline will be rejected. The claim may be made by email to the following address: contact@hayami-shop.fr

Any claim not made in accordance with the rules defined above and within the time limits set out above will not be considered and will release the seller from any liability towards the buyer. Upon receipt of the claim, the seller will assign an exchange number for the product(s) concerned and communicate it by email to the buyer. The exchange of a product can only take place after the exchange number has been assigned.

In the event of a delivery error or exchange, any product to be exchanged or refunded must be returned to the seller in its entirety and in its original packaging, by making the return request on the web page https://returns.bigblue.co/hayami-retours . Return costs are the responsibility of the seller.

Exchanges other than product non-compliance are not supported. If the item is not suitable, it will be necessary to request a return and refund. The price of the item will be refunded, but the shipping costs will remain the responsibility of the customer.

Article 14 - Product warranty

14-1 Legal guarantee of conformity

The seller guarantees the conformity of the goods sold to the contract, allowing the buyer to make a request under the legal guarantee of conformity provided for in Articles L. 217-3 et seq. of the Consumer Code.

In the event of implementation of the legal guarantee of conformity, it is recalled that:

•   the buyer has a period of 2 years from delivery of the goods to take action;
•   the buyer may choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L. 217-17 of the Consumer Code;
•   the buyer does not have to provide proof of non-conformity of the goods during the 24 months in the case of new goods (12 months in the case of used goods), following delivery of the goods.

14-2 Legal guarantee of hidden defects

In accordance with Articles 1641 et seq. of the Civil Code, the seller is liable for any hidden defects that may affect the property sold. It will be up to the buyer to prove that the defects existed at the time of sale of the property and are such as to render the property unfit for its intended use. This warranty must be implemented within two years of the discovery of the defect.

The buyer may choose between cancellation of the sale or a reduction in the price in accordance with Article 1644 of the Civil Code.

Article 15 - Right of withdrawal 

Application of the right of withdrawal

In accordance with the provisions of the Consumer Code, the buyer has a period of 14 days from the date of delivery of their order to return any item that does not suit them and request an exchange or refund without penalty, with the exception of any return costs which would remain the responsibility of the buyer.

Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be resold as is and accompanied by the purchase invoice.

Damaged, soiled or incomplete products will not be accepted.

The right of withdrawal can be exercised online, using the contact form available on this website. In this case, an acknowledgment of receipt on a durable medium will be immediately communicated to the buyer. Any other method of declaration of withdrawal is accepted. It must be unambiguous and express the desire to withdraw.

If the right of withdrawal is exercised within the aforementioned period, the price of the product(s) purchased and the delivery costs will be refunded.

Return costs are the responsibility of the buyer.

The exchange (subject to availability) or refund will be made within 10 days, and at the latest, within 14 days from receipt by the seller of the products returned by the buyer under the conditions provided above.

Exceptions

According to article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts:

• for the supply of goods whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period;
• supply of goods made to the consumer's specifications, or clearly personalized
• of supply of goods liable to deteriorate or expire rapidly;
• for the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
• for the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
• of supply of goods which, after being delivered and by their nature, are inseparably mixed with other items;
• supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed upon at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;
• maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him or her, within the limit of spare parts and work strictly necessary to respond to the emergency;
• of the supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
• for the supply of a newspaper, periodical or magazine, except for subscription contracts for such publications;
• of supply of digital content not supplied on a physical medium, the execution of which has begun after the express prior agreement of the consumer and express waiver of his or her right of withdrawal.

Article 16 - Force majeure 

Any circumstances beyond the control of the parties preventing the performance under normal conditions of their obligations are considered grounds for exemption from the parties' obligations and result in their suspension.

The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.

Any irresistible facts or circumstances, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts, shall be considered as cases of force majeure or fortuitous events, in addition to those usually recognized by the case law of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunications networks or difficulties specific to telecommunications networks external to customers.

The parties will come together to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the force majeure event lasts for more than three months, these general conditions may be terminated by the injured party.

Article 17 - Intellectual property

The content of the website remains the property of the seller, the sole holder of intellectual property rights over this content.

Buyers agree not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and may constitute an offense of counterfeiting.

Article 18 - Data Protection and Freedoms

The personal data provided by the buyer are necessary for processing the order and issuing invoices.

They may be communicated to the seller's partners responsible for the execution, processing, management and payment of orders.

The buyer has a permanent right of access, modification, rectification, and opposition with regard to information concerning him or her. This right may be exercised under the conditions and according to the terms defined on the hayami-shop.fr website.

Article 19 - Partial non-validation

If one or more provisions of these general conditions are held to be invalid or declared as such pursuant to a law, regulation or following a final decision of a competent court, the other provisions shall retain their full force and scope.

Article 20 - Non-waiver

The fact that one of the parties does not take advantage of a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation in question.

Article 21 - Title

In the event of any difficulty of interpretation between any of the headings appearing at the head of the clauses, and any of the clauses, the headings shall be declared non-existent.

Article 22 - Language of the contract

These general terms and conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will be authoritative in the event of a dispute.

Article 23 - Mediation and dispute resolution

The buyer may resort to conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

In accordance with Article 14 of Regulation (EU) No 524/2013, the European Commission has established an Online Dispute Resolution platform, facilitating independent out-of-court settlement of online disputes between consumers and traders in the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/.

Article 24 - Applicable law

These general conditions are subject to the application of French law. The competent court is the judicial court.

This applies to both substantive and formal rules. In the event of a dispute or complaint, the buyer will first contact the seller to obtain an amicable solution.

Article 25 - Protection of personal data

Data collected

The personal data collected on this site are as follows:

• account opening: when creating the user's account, their surname; first name(s); email address; telephone number; postal address
• connection: when the user connects to the website, the user records, in particular, their surname, first name, connection data, usage data, location data and payment data;
•   profile: the use of the services provided on the website allows you to complete a profile, which may include an address and a telephone number;
•   payment: as part of the payment for products and services offered on the website, it records financial data relating to the user's bank account or credit card;
•   communication: when the website is used to communicate with other members, data concerning the user's communications are subject to temporary storage;
•   Cookies: Cookies are used as part of the use of the site. The user has the option to disable cookies from their browser settings.

Use of personal data

The personal data collected from users is intended to provide the website's services, improve them, and maintain a secure environment. More specifically, the uses are as follows:

•   access and use of the website by the user;
•   management of the operation and optimization of the website;
•   organization of the conditions of use of the Payment Services;
•   verification, identification and authentication of data transmitted by the user;
•   implementation of assistance;
•   personalization of services by displaying advertisements based on the browsing history used, according to his preferences;
•   prevention and detection of fraud, malware (malicious software) and management of security incidents;
•   management of possible disputes;
•   sending commercial and advertising information, based on the preferences of each individual 

Sharing personal data with third parties

Personal data may be shared with third-party companies in the following cases:

•   when using payment services: for the implementation of these services, the website is in contact with third-party banking and financial companies with which it has entered into contracts;
•   when the website uses the services of service providers to provide assistance, advertising and payment services. These service providers have limited access to the recorded data, as part of the performance of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable regulations on the protection of personal data;
•   if required by law, the Website may carry out the transmission of data to respond to claims made against the Website and to comply with administrative and judicial procedures;
•   If the website is involved in a merger, acquisition, sale of assets or bankruptcy proceedings, it may be required to transfer or share all or part of its assets, including personal data. In this case, users would be informed before personal data is transferred to a third party.

Security and Privacy 

The website implements organizational, technical, software, and physical digital security measures to protect personal data against alteration, destruction, and unauthorized access. However, it should be noted that the internet is not a completely secure environment, and the website cannot guarantee the security of the transmission or storage of information over the internet.

Implementation of user rights

In accordance with the regulations applicable to personal data, users have the following rights, which they can exercise by sending a request to the following address: contact@hayami-shop.fr

•   the right of access: users may exercise a right of access to know the personal data concerning them. In this case, before implementing this right, the website may request proof of identity in order to verify its accuracy.
•   the right of rectification: if the personal data held by the website is inaccurate, it is possible to request that the information be updated.
•   the right to erasure of data: users may request the erasure of their personal data, in accordance with applicable data protection laws.
•   the right to limit processing: users can ask the website to limit the processing of personal data in accordance with the assumptions provided for by the GDPR.
•   the right to object to data processing: users may object to their data being processed in accordance with the assumptions provided for by the GDPR.
•   the right to portability: it is possible to request that the website hand over the personal data provided to it in order to transmit it to a new website.

Evolution of this clause

The website reserves the right to make any changes to this personal data protection clause at any time. If a change is made to this personal data protection clause, the website undertakes to publish the new version on its website. The website will also inform users of the change by email, at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, they have the option to delete their account.

The consumer code can be consulted on the website http://www.legifrance.gouv.fr