ARTICLE 1 DEFINITION
"BUYER" means the natural person purchasing a Product on the Site.
"Order" means the online purchase of Products on the Site by the BUYER confirmed by email by TAKUMA.
"Account" means the profile created by the BUYER on the Site for the purpose of purchasing Products.
"Recipient" means the natural person named by BUYER to receive the Order.
"Product" means all the products offered for sale by TAKUMA on the Site.
"GDPR" means the General Data Protection Regulation (EU) No. 2016/679 of April 27, 2016 and entered into force on May 25, 2018.
"Site" refers to TAKUMA's commercial Internet site at www.takuma.com.
"TAKUMA" refers to the French simplified joint stock company TAKUMA SAS with a share capital of €23,000, registered with the Trade and Companies Register of Toulon under number 825101017, and located at 96 Impasse du Serpolet, Les entrepôts de la Farlède, 83210 La Farlède, France, and its subsidiaries.
"Terms and Conditions of Sale" or "TCS" means the present conditions of 3 pages in addition to the appendix and whose purpose is to govern all contractual relations between the BUYER and TAKUMA.
ARTICLE 2 PURPOSE
ARTICLE 3 ACCEPTANCE
ARTICLE 4 ACCOUNT
The opening of an Account is necessary for the purchase of Products and requires providing a valid email address and a password (the "Identifiers"). The Identifiers are personal to the BUYER and will have to be kept in a confidential way, with all the prudence and the necessary safety. Within this framework, the BUYER undertakes to provide TAKUMA with reliable and accurate information for the purpose of performing all the contractual obligations of TAKUMA under the TCS. TAKUMA shall not be held liable if the information provided by the BUYER turns out to be false or incomplete. TAKUMA has the discretionary power to delete an Account, in particular in case of non-payment and/or supply of erroneous information.
ARTICLE 5 ORDERING
5.1 Product Selection
The BUYER accesses the Site and can add in its shopping cart the Products that it wishes to acquire. The BUYER then has access to the contents of the shopping cart including all the added Products.
The BUYER must then proceed to his identification. The identification of the BUYER can be performed directly after the selection of the Products or via its Account.
5.4 Delivery options
The BUYER will have to provide and verify the address of invoicing and delivery, as well as the identity of the possible recipient other than him ("the Recipient").
5.5 Final Confirmation
The confirmation of the payment effectively validates the Order, thus committing TAKUMA to the BUYER, and triggers the sending to the BUYER of a summary Order confirmation e-mail, including an Order number. Nevertheless, any Order that seems abnormal may be suspended and may, if necessary, lead to the suspension and/or closure of the Account by TAKUMA in a discretionary manner.
ARTICLE 6 PRODUCTS
The BUYER can find out the essential characteristics of the Products by clicking on the detailed Product sheet on the Site. In the event of a Product shortage, the BUYER shall be informed in the email confirming its order and acknowledges that TAKUMA has the right to cancel the Order. TAKUMA has the right to modify at any time the offer of Products proposed for sale on its Site.
ARTICLE 7 PRICES
The sale prices of the Products proposed on the Site are indicated in Euros. Before the Order is confirmed, the sales prices of the Products may vary, according to the applicable VAT. The sale prices of the Products on the Site are those in force at the time of the placing of the Order by the BUYER. The prices are applicable within the framework of the remote sale. The prices do not include the cost of shipping, invoiced in supplement of the price of the bought products and to be paid by the BUYER. The shipping costs are indicated before the Order is confirmed by the BUYER according to the indications provided by the BUYER.
The invoice will be available on the Account and will also be sent to the BUYER by email. The BUYER will be debited with the amount of the Order when the Order is sent or at the latest within 7 working days following the Order confirmation on the Site.
ARTICLE 8 TERMS OF PAYMENT
The Orders are payable in euros including all taxes, by bank card or any other method of payment offered on the Site and include the possible obligatory contributions and delivery expenses. The BUYER shall bear the cost of possible bank charges (including in the case of a refund). The BUYER confirms by accepting the TCS to be holder of all due authorizations necessary to use the mode of payment by bank card to pay its Order, at the time of recording of the latter. In the event of a payment incident, or of fraud relating to the use of the Site, TAKUMA reserves the right to suspend and/or cancel the execution of the Order. No confidential payment data is stored directly by TAKUMA. This information is accessible only to TAKUMA's banking partner duly authorized to process the BUYER's banking data. TAKUMA never has access to the BUYER's bank data. Within the framework of the fight against online fraud, the information relating to the BUYER's Order may be transmitted to any third party authorized by law or designated by TAKUMA for the purposes of the usual checks to fight fraud. The BUYER has, at any time, a right of access, rectification and deletion of the personal data collected in relation to the performance of the TCS, as detailed in article 16 of the TCS.
ARTICLE 9 DELIVERY
The Products ordered by the BUYER will be delivered to the address of delivery indicated by the BUYER at the time of its order (“Delivery Address”). The delivery of the order is possible on the world territory. The deliveries will not be able to be performed on Sundays and public holidays. The delivery will take place in the times indicated on the Order confirmation sent by email to the BUYER. Delivery times shall start from the date of the Order confirmation. TAKUMA undertakes to use all necessary means to meet the delivery deadlines indicated but shall not be held liable in the event of delay. In particular, in case of events outside TAKUMA's control (such as force majeure, bad weather, high traffic periods on the Site or supply chain prolonged timings), the delivery times may be extended. In case TAKUMA is notified of a delay in delivery, TAKUMA undertakes to inform the BUYER as soon as possible by email. The various delivery expenses are mentioned at the time of placing the Order.
The Order shall be delivered and handed over at the Delivery Address to the BUYER or to the possible Recipient. The delivery shall be deemed to have been made as soon as the Order is made available to the BUYER or the Recipient. The BUYER or the Recipient is invited to follow the proper routing of its Order to be able to validly receive it within the agreed time limits and slots. In case of absence at the time of delivery, the BUYER/Recipient shall receive a notice to show up at the place indicated in this notice, with a valid identity document, to collect the parcel within fifteen days. If the BUYER/Recipient is unable to collect the parcel within the time limit indicated on the notice, the parcel shall be returned to TAKUMA. In this case, the BUYER shall be reimbursed the amount of the Order but shall be responsible for all delivery expenses.
The BUYER/Recipient is invited to sign the receipt given upon delivery. This signed receipt shall be considered as proof of the proper delivery by TAKUMA and of the proper receipt of the Order by the BUYER/Recipient.
ARTICLE 10 RECEIPT
Upon receipt of the Order, the BUYER or the Recipient is requested to check the condition and contents of the Order and to sign the delivery receipt indicating their reservations if any. The signature on the delivery receipt shall correspond to the signature of the Recipient or the BUYER. Any necessary verification may be carried out by TAKUMA. In the event of a major defect on the physical state of the Order (blows, tears, damaged parcel ...) or on the nature, quality, or quantity of the ordered Products (missing elements and/or Products in bad condition due to transport), the BUYER or the Recipient must refuse to take delivery and must obligatorily express it by email to email@example.com within 14 days from the receipt of the Order. TAKUMA's customer service shall do its utmost to deal with the BUYER's or the Recipient's complaint as soon as possible. The BUYER acknowledges that beyond this 14-day period, it shall have no further recourse against the carrier or TAKUMA and shall not be entitled to any refund or redelivery of Products.
ARTICLE 11 AFTER-SALES SERVICE
For any incident relating to an Order, the BUYER or the Recipient shall contact TAKUMA's customer service department online at the following e-mail address: firstname.lastname@example.org.
ARTICLE 12 RETENTION OF OWNERSHIP
TAKUMA shall retain full ownership of the Products sold from the Order confirmation until full payment of the price of the Order, in capital, costs and taxes included. Failure to pay may result in TAKUMA claiming the Products. The transfer of risks of loss or deterioration of the Products of the Order shall take place as from the receipt of the Products, as defined in Article 10, by the BUYER or the Recipient.
ARTICLE 13 INTELLECTUAL PROPERTY
Unless otherwise stipulated or as an automatic consequence of the nature of the TCS, nothing in the TCS grants or confers to the BUYER any right or license in TAKUMA's intellectual property on the Products or the TAKUMA brand. The BUYER acknowledges that all the trademarks held directly or indirectly through a license or under license by TAKUMA are well-known, known to the public and attached to a quality image. Consequently, the BUYER undertakes to preserve and maintain this image. TAKUMA's e-stores and all its elements and Products therein (brand, drawings, logos, models, etc...) are the exclusive property of TAKUMA. Any total or partial reproduction is prohibited.
ARTICLE 14 LIABILITY
It is expressly agreed that TAKUMA's liability is strictly limited to the amount of the sums paid by the BUYER to TAKUMA under the Order, to the exclusion of any other compensation, in particular for indirect damages. Moreover, TAKUMA's liability is excluded in the following cases:
1°) In the event where the BUYER commits the least breach of the TCS;
2°) In case of unforeseeable act of a third party, in particular but not exclusively logistic providers;
3°) In case of Force Majeure as defined by the applicable law and case-law;
4°) In the event where the BUYER uses or stores the Products in an inappropriate manner and/or does not comply with the user guides / instructions provided by TAKUMA;
5°) In the event of direct and/or indirect, foreseeable or unforeseeable, material or immaterial damage caused by the use of the Products;
6°) In the event of technical repairs on the Products carried out without TAKUMA's control or authorization; and/or
7°) In the event of defective packaging, equipment packaging, cables or accessories used with the Product.
ARTICLE 15 WARRANTY
TAKUMA undertakes to deliver an Order of Products that comply with the specifications of the Products detailed by TAKUMA and the BUYER shall have, in this respect, a warranty of conformity and good working order for a period of two years in the European Union and one year outside the European Union, as from the receipt of the Products by the BUYER. In case of non-conformity of the Product detected by the BUYER, the latter shall immediately contact TAKUMA in writing and return, at its own expense and within a reasonable time, the Order in its original packaging and optimally packed to the address specified by TAKUMA. Moreover, the BUYER shall imperatively provide TAKUMA with detailed and precise explanations on the non-conformity of the Products. TAKUMA reserves the discretionary right to refund the BUYER or replace or repair the Products.
This warranty applies without prejudice to the mandatory legal warranties.
ARTICLE 16 PROTECTION OF PERSONAL DATA
ARTICLE 17 RIGHT OF WITHDRAWAL
The BUYER may exercise its right of withdrawal without justification as from the receipt of its Order, or as soon as it is available to the Recipient. The BUYER shall return the Order in an adequate state of sale (Products in perfect condition, in their original packaging, not used or damaged, accompanied by the accessories and notices) and repack the Order in a secure manner. The transport costs of the return of the Order shall be exclusively borne by the BUYER. The BUYER may be held liable in case of depreciation of the Products and TAKUMA shall be entitled to proceed to a partial refund, taking into account an assessment of the damage caused to the Products. Subject to respecting the withdrawal period, the state of the Products and the terms of return of the Products, the BUYER shall obtain a refund of the Order by bank transfer, within 14 days as from the recovery of the Order by TAKUMA.
ARTICLE 18 TERMS OF WITHDRAWAL
In accordance with the foregoing article, the BUYER shall inform TAKUMA of its wish to withdraw within 14 days from the receipt of the Order, by one of the means brought to its knowledge, namely: the e-mail address email@example.com or the postal address 96 Impasse du Serpolet, 83210 La Farlède, France. As soon as TAKUMA receives the BUYER's valid withdrawal request, TAKUMA shall send the BUYER the instructions for returning the Order, in particular the return address of the Order. The BUYER shall return the Order in accordance with TAKUMA's instructions and within a maximum period of 14 days from the date on which the BUYER informed TAKUMA of its wish to withdraw. Returns sent after this period shall not be accepted. The Products shall also be accompanied by a copy of the invoice of the Order (which can be downloaded from the User Account), for which the right of withdrawal has been exercised.
ARTICLE 19 LITIGATION
The TCS are subject to the applicable law. Any dispute relating to the existence, interpretation, performance, or breach of the sales contract entered into between TAKUMA and the BUYER, and of the TCS, shall be, in the absence of amicable agreement, under the exclusive jurisdiction of the competent courts in application of the applicable rules of procedure. The BUYER is informed of the possibility of resorting, in the event of dispute, to a procedure of mediation by addressing a written complaint to the competent mediation service. After prior written request from the BUYER to TAKUMA's customer service, the Mediation Service may be contacted for any consumer dispute whose settlement has not been reached. The solution proposed by the Mediator is not binding on the Parties, who remain free at any time to leave the mediation process. To obtain more information on the alternative dispute resolution and the online dispute resolution platform, the BUYER can also consult the European website: https://ec.europa.eu/consumers/odr
ARTICLE 20 AMENDMENT
TAKUMA reserves the right to amend the TCS at any time in a new updated version. It is the BUYER's responsibility to read them carefully. The TCS applicable to the Order are those accepted by the BUYER at the time it places its Order.