Terms and conditions

Applicable from January 1, 2022


Clause no. 1: Purpose and scope

These general conditions of sale (GTC) constitute the basis of commercial negotiation and are systematically sent or given to each buyer to enable him to place an order.

The general terms and conditions of sale described below detail the rights and obligations of the company ... (corporate name) and its customer in connection with the sale of the following goods: ... (the seller must list the goods subject to the T&Cs).

Any acceptance of the estimate/purchase order, including the clause “I acknowledge having read and I accept the general conditions of sale attached hereto” implies the buyer's unreserved acceptance of these general conditions of sale.

Clause 2: Price

The prices of the goods sold are those in effect on the day the order is taken. They are denominated in yen, euros and US dollars (the other currencies being automatically in yen) and calculated excluding taxes, which are not applicable.

The company ... (corporate name) grants itself the right to modify its prices at any time. However, it undertakes to invoice the goods ordered at the prices indicated when the order is registered.

Clause 3: Discounts and rebates

The proposed rates include discounts and rebates that the company ... (corporate name) would be required to grant given its results or the assumption by the buyer of certain services.

Clause no. 4: Methods of payment

The payment of orders is made:

either by PayPal;

either by credit card via PayPal (without a PayPal account);

if necessary, a bank transfer can be accepted exclusively from a country in the SEPA* zone and payable in euros only.

* The SEPA Zone is made up of 36 members, it includes the 28 countries of the European Union, plus Norway, Iceland, Liechtenstein, Switzerland, Monaco, San Marino, Andorra and the Vatican.)

Clause 5: Delivery

Delivery is made:

either by EMS (Express Mai Service);

either by an economic sending by registered mail;

possibly, for countries that cannot be delivered by EMS or in economy recommended, a simple economy shipment without recommended, therefore without follow-up and at the sole responsibility of the customer.

The delivery time indicated when registering the order is given for information only and is in no way guaranteed.

Consequently, any reasonable delay in the delivery of the products cannot give rise to the benefit of the buyer:

the award of damages;

cancellation of the order.

The risk of transport is fully borne by the buyer. Shipping by EMS is guaranteed by the EMS system.

Clause 6: Returns and refunds

Due to the high cost of transport between Japan and other countries, returns of items are not accepted. If the case arose Kimonos d'Ako could not bear the transport costs and could only reimburse the price of the returned item, if it is in good condition and in its original packaging. Thus the exchange of article is therefore refused.

In case of postal return for non-delivery of the package, Kimonos d'Ako declines all responsibility. If the item is in good condition and in its original packaging, a refund can be made after deducting the cost of transport, which is not refundable.

As shipments by EMS are guaranteed, any loss or damage to the item may be subject to compensation from the EMS service.

Clause no. 7: Force majeure

The responsibility of Kimonos d'Ako (individual business: Bertrand Michalon) cannot be implemented if the non-execution or the delay in the execution of one of its obligations described in these general conditions of sale results from a case of force majeure. As such, force majeure means any external, unforeseeable and irresistible event.

Clause 8: Competent court

Any dispute relating to the interpretation and execution of these general conditions of sale is subject to Japanese law.

Failing amicable resolution, the dispute will be brought before the Commercial Court of Shizuoka.

 

Done in Higashi Izu, Shizuoka Prefecture, Japan on December 31, 2021