General Terms and Conditions of Sale
Nos conditions générales de ventes.
Article 1: Object and general provisions
The present General Terms and Conditions of Sale lay out the rights and obligations of the parties for online sales of the Seller’s Products.
The present General Terms and Conditions of Sale apply to all Product sales that are concluded on the Company’s websites, subject to a Contract between the Buyer and the Seller. The Seller has the right to modify the present terms and conditions, at any moment, in publishing a new version of their website. The terms and conditions that apply are those published on the payment date (or date of first payment in the case of several payment installments) of the order.
The Company shall ensure that accepting the terms and conditions is clear and implicit by inserting a box to tick and a validation button. The Customer shall declare to have read the present General Terms and Conditions of Sale, and if necessary, the Special Terms and Conditions related to a specific product or service, and to accept them unconditionally and unreservedly. The Customer acknowledges to have had the necessary advice and information to choose the right products and services to suit their needs. The Customer declares to be able to legally act on behalf of, subject to French law, or to validly represent the natural or legal person he/she is engaged with. Unless there is evidence to the contrary, the information stored by the Company shall be deemed valid proof of all transactions.
Article 2: Price
The prices of products for sale on the websites are shown in Euros excluding tax, and can be seen on the Product description pages. They are also shown in Euros including tax (VAT + other taxes if applicable) on the product order page, not including shipping fees. For products shipped outside of the European Union and/or to French overseas territories, the prices are automatically calculated excluding tax on the invoice. In some cases, customs duty or other local taxes or import fees or state taxes may be applicable. The Seller is not liable for these fees and duties. They are payable by the buyer, who is fully liable (declarations, payment to authorised authorities, etc.) As such, the Seller recommends that the buyer informs himself of these formalities from the local authorities in question. The Company reserves the right to modify their prices at any moment in the future. The Customer is liable for all telecommunication costs necessary to access the Company’s websites. If required, the same applies to delivery costs.
Article 3: Conclusion of the contract online
The Customer shall follow a series of steps applicable to each Product made available by the Seller, for placing an order. However, the following steps shall always apply:
➢ Information about the key characteristics of the Product;
➢ Choice of Product, if necessary the options and indication of compulsory Customer data (identification, address, etc.);
➢ Acceptance of the present General Terms and Conditions of Sale.
➢ Verification of the order and, if necessary, correction of any errors.
➢ Instructions for payment, and payment for each individual product.
➢ Product delivery.
The Customer shall then receive email confirmation of payment for the order, as well as confirmation that the order has been received. He/she will receive a .pdf file of the present general terms and conditions of sale. For shipped items, they will be delivered to the address provided by the Customer. To ensure a successful order, that is in accordance with article 1316-1 of the Civil Code, the Customer declares to provide truthful personal contact details. The Seller reserves the right to refuse the order, for example any abnormal orders, orders that are placed in bad faith, or for any other legitimate reason.
Article 4: Products and services
The buyer can view the main characteristics of goods, services and their respective prices on the company websites. The customer declares to have been informed of the details of delivery costs, conditions of payment, delivery and the terms of the contract. The Seller undertakes to honour Customer orders, subject to available Product stock. The Seller shall inform the Customer if the products are out of stock. This contractual information is presented in detail, in French. In accordance with French law, this information is summarised and confirmed when an order is validated. The parties agree that the illustrations or photos of products offered for sale have no contractual value. The validity period and prices of Products are shown on the Company’s websites, as well as the minimum duration for contracts concerning continuous or periodic supply of products or services. Unless specific conditions apply, the rights granted by the present terms and conditions are only valid for the physical person placing the order (or the holder of the email address provided). In accordance with legal provisions with regards conformity and hidden defects, the Seller shall refund or exchange faulty products or those that do not correspond to the order. A refund may be requested in the following way: via paypal, bank transfer or cheque.
Article 5: Title retention clause
The Company remains the owner of the products until payment has been successfully processed.
In accordance with the provisions of articles L621 and L624 of the French Commercial Code, it is expressly agreed between the parties that the parts or equipment sold shall remain our property until the agreed price has been paid in full. Our Company expressly reserves the right to legally claim any delivered goods, according to the title retention clause, and to immediately terminate the contract in the event that the invoice is not paid in full or an installment is not paid by the deadline, after formal notice has been given by registered letter with acknowledgement of receipt, and payment still hasn’t been recevied 15 days later. Until payment has been made in full, the customer undertakes to take any appropriate measures to ensure the conservation and joint ownership of the goods sold. The customer shall not use, transform, pledge or take real rights over the goods. Upon request from Sushi Robots, the buyer shall transfer the receivables of a secondary buyer for the goods that are subject to the present title retention clause, the price or part of the price that hasn’t yet been paid. In the event the goods are returned, the customer shall be liable for payment of the balance, as well as any interest, payments and fees, reduction applied to the market value by us for the returned goods. This amount shall be deducted from the replacement cost.
Article 6: Terms of delivery
The products will be delivered to the delivery address provided when the order was placed and according to the delivery period shown. This period does not take into account the order preparation time. When delivery requires an appointment to be scheduled with the Customer, The Sushi School will organise the delivery directly with the customer, according to his/her availabilities. When the Customer orders several products at the same time, different delivery dates may apply. In the event a product is shipped later than expected, the customer will receive an email informing them of a possible later delivery date. In the event of late delivery, the Customer has the possibility to terminate the contract according to the terms and conditions defined in Article L 138-2 of the French Consumer Code. The Seller shall then reimburse the product and shipping costs in accordance with the conditions of Article L 138-3 of the French Consumer Code. The Seller shall make a telephone contact available (cost of a local call from a landline), as indicated in the order confirmation email, for order tracking. The Seller points out that as soon as the Customer takes physical possession of the products, any risks of loss or damage is transferred to the Customer. The Customer shall notify the carrier of any issues he/she may have with the delivered product.
Article 7: Availability and presentation
Orders are processed subject to available stock or subject to available stock with our suppliers. In the event an item is unavailable for a period that exceeds 25 working days, you will be immediately informed of the expected delivery date and the order for this item can be cancelled upon simple request. The Customer can then request a voucher for the amount of the item, or a refund.
Article 8: Payment
Payment is required when the order is placed, even for items that are pre-ordered. The Customer can make the payment by credit card or bank cheque. Cards issued by banks outside of France must be international credit cards (Mastercard or Visa). Our payment service provider ensures secure online payment by credit card. The information provided is properly coded and can only be read within the network. Once the payment has been made by the Customer, the transaction is immediately debited after verification of the details. In accordance with article L. 132-2 of the Monetary and Financial Code, once you have authorised a card payment, this payment is firm and definitive. In providing bank details for the sale, the Customer authorises the Seller to debit his/her card for the amount indicated. The Customer confirms that he/she is the legal holder of the card and that he/she can legally use it. If an error occurs or if it is not possible to debit the card, the Sale is immediately terminated and the order is cancelled.
Article 9: Returning goods
No postage due returns are accepted, or if more than 10 days have passed since the date of the invoice, or if we have not given prior written authorisation for the goods to be returned. In the event of an error, only the return delivery costs for the goods in question will be covered.
A return tracking form is available in your customer account on our website. This is to be used for any returns
Article 10: Guarantees
In accordance with applicable law, the Seller provides two guarantees: in terms of conformity and for any hidden product defects. The Seller shall refund the buyer or exchange products that are faulty or do not correspond to the products ordered. The Seller reminds the Customer that: – they have a period of 1 year from delivery of the items to contact the Seller, – they have the choice between replacing the faulty item or repairing it, in accordance with law, – that they must provide proof that the item is faulty or non-conform within six months following delivery, – that this period will be extended to 24 months from the 18th March 2016, except for second-hand items, – that the user can also benefit from the guarantee against hidden defects for the sold item according to article 1641 of the Civil Code, and in this case, may choose between terminating the sale or reducing the sale price (provisions of articles 1644 of the Civil Code).
Article 11: Claims
If necessary, the Buyer can address any claims to the company by calling +33 (0)516073909 or by sending an email to firstname.lastname@example.org.
Article 12: Intellectual property rights
The brand names, domain names, products, software programmes, images, videos, text or in general any information that is subject to intellectual property rights are and will remain under the exclusive ownership of the Seller. The present General Terms and Conditions of Sale do not involve any transfer of intellectual property rights. Any reproduction, in full or in part, any modification or use of these elements for any reason, is strictly forbidden.
Article 13: Force majeure
The obligations of the seller detailed in the present terms and conditions are suspended in the event of unforeseeable circumstances or force majeure that prevent the performance of these obligations. The Seller shall inform the Customer of such an event as soon as possible.
Article 14: Nullity and modification of the contract
If one of the clauses of the present contract is cancelled, this does not mean that the other clauses of the contract are also cancelled, they shall remain in effect between the parties. Any modification to the contract is only valid when it has been agreed in writing and signed by the parties.
Article 15: Personal Data Protection
In accordance with the Data Protection Act of the 6th January 1978, you have the right to view, access, modify, oppose and rectify your own personal data. In reading the present general terms and conditions of sale, you will notice that we collect and use this data in order to fulfill the present contract. In providing your email address on one of the websites in our network, you will be able to receive emails containing information and promotional offers for the products sold by the Company and their partners. You can unsubscribe at any time. All you have to do is click on the link at the bottom of our emails or contact the person in charge of processing (the Company) by registered letter with acknowledgement of receipt. We monitor the number of visitors on all our websites.
Article 16: Applicable law
All the clauses mentioned in the present general terms and conditions of sale, as well as all purchase and sale operations that take place, are subject to French law.