TERMS AND CONDITIONS
Shop SHIGETA is a site of electronic trade accessible by Internet network to the address www.shigeta.fr . It is opened to any user of this network (hereafter called "Net surfer"). It is published by company SHIGETA, limited liability company with the capital of 40.000 euros, of which the registered office is to the 116 rue du Bac 75007 Paris, registered with and the Company Trade register of Paris under the number B 452 178 783
The Site makes it possible SHIGETA to propose with the sale, of the cosmetic products (hereafter called "Products") to Net surfers sailing on the Site (hereafter called "Users"). For the application of present, it is agreed that the User and SHIGETA will be collectively called the "Parts" and individually called "Part", and that the User having validated an order will be then called "Purchaser". The rights and obligations of the User necessarily apply to the Purchaser.
It is specified that the Products are intended for a personal use of the User, without any direct relationship with the occupation of this one. For this reason, the attention of the User is particularly drawn to the fact that the amount of its order will not have to exceed the sum of five hundred euros (either an exchange-value of 3279.79 franks French). In the event of order higher than the amount mentioned above, the order will be regarded as null.
The User who would wish to buy on the Site, states to have the full legal capacity.
Any ordering of a Product offered on the Site supposes the consultation and express acceptance of these general conditions of sale, without however that this acceptance is conditioned by a handwritten signature on behalf of the User. In accordance with the provisions of articles 1316 to 1316-4 of the Civil code, supplemented by the Decree n° 2001-272 of March 30, 2001, taken for the application of article 1316-4 Civil code, supplemented by the Decree n° 2001-272 of 30 March 2001, taken for the application of article 1316-4 of the civil code and relating to the electronic signature, it is recalled that the validation of the purchase order as specified to article 3.3. Hereafter, an electronic signature which has, between the Parts constitutes, the same value as a handwritten signature.
It is specified that the User can safeguard or print the present general conditions of sale, in condition however of not modifying them.
I - OBJECT
The present general conditions of sale have the aim of defining, in the whole world, exclusively at a rate of the relations which they establish on Internet network and only on the Site, the rights and obligations of the Parts born of the sale on line of the Products offered on the Site.
The present ones apply other than any other document.
II - PRODUCTS - PRICE
The Products offered with the sale by SHIGETA are those which are reproduced on the Site, at the day of the consultation of the Site by the User, and within the limit of stocks available and subject to the conditions stipulated in the foregoing preamble. The photographs illustrating the Products do not enter the contractual field. If they presented an erroneous character, the responsibility for SHIGETA could not be committed.
The prices of the Products are indicated in euros. They take the applicable VAT on the day of the order into account.
The prices indicated do not hold account of the expenses of packing and delivery which will be invoices in addition and will be specified with the User at the time of the final validation of its order.
SHIGETA reserves the right, which the User accepts, to modify its prices but the Products will be invoiced on the basis of tariff in force at the time of the recording of the order, provided nevertheless of the availability of known as Products.
The tarif in force is that indicated on the Site, except error of typography.
Importation or custom taxes may apply once the Products reach the destination country. In this event, the Purchaser will have to pay the additional custom related taxes.
SHIGETA has no control over these taxes and cannot anticipate them. Custom policies vary from one country to another.
SHIGETA invites the Purchase to contact its local customs' office for further information.
III - RECORDING AND VALIDATION OF THE ORDER
1- Navigation inside the site.
The User can take note of the various Products offered with the sale by SHIGETA on his Site.
The User can sail freely on the various pages of the Site, without being engaged under an order.
2- Recording of an order
If the User wishes to place an order, it will choose the various Products to which it carries an interest, and will express says it interest while clicking on the box "To add to the basket".
At any moment, the User will be able :
- to obtain a summary of the Products which it selected or to modify its order, by clicking on the icon "my basket" accessible in top on the right from each page,
- to continue its selection of Products while clicking on "supplementing my purchases",
- to finish its selection of Products and to order them while clicking on "Validating my order".
To order the Products which it thus chose, the User will click on the heading "shop". A summary of its order will appear then with the screen. If the list which is presented to him corresponds well to the Products which it chose, the User will validate the summary while clicking on "validating my order".`
The User will have to identify himseld by precisely filling in the form placed at his disposal. He will be asked to fill in his identification information, in particular his name, first name, postal address and all other relevant information necessary to the good delivery of his order (door code for example).
The User is informed and accepts that the seizure of any identifier is worth proof of its identity and proclamation its assent.
Once identified, a purchase order will appear on the screen, recapitulating: nature, quantity and price of the Products retained by the User, as well as the total amount of the order, the co-ordinates of the User, the (les) address of delivery of the Products.
3- Final validation of the order
After checking his order summary and providing all the required information, the User will click on the box "to validate my order" to pay his order. He will then be transferred automatically to the banking institution authorised under the laws applicable to the website. He will choose the means of payment which he wishes to use to settle his order, being understood that the User must have the means of payment such as defined by VI - Payment, hereafter. He will click on the button corresponding to the chosen means of payment and will then follow the procedure as described into VI - Payment. When collecting credit card information for online purchases, the banking institution offers secured server transactions (Secure Socket Layer) that encrypt the User's information in transit to prevent others from accessing it. All information is stored on a secure server. The User's credit card details are encrypted and then removed from our system once your order has been dispatched.
Although SHIGETA engages all reasonable efforts to safeguard the security of your information, transmissions made on or through the internet cannot be guaranteed to be entirely secure. Please contact your financial institution immediately if you become aware of unauthorised use of your account.
As soon as he validates the payment, the User is transferred back to the Site. His order is registered and becomes irrevocable. The User becomes Purchaser. The purchase order is recorded on the data-processing registers of SHIGETA, themselves preserved on a reliable and durable support, and will be regarded as proof of the contractual relations occurred between the Parts.
The Purchaser has a right of exchange and refunding, during a seven working days deadline as from the date of reception of the Products by the Purchaser.
4- Confirmation of order
When it validates its payment, a summary of the ordering of the Purchaser will post and mention in particular the number of the transaction. This summary will be also sent to him by e-mail way, with the address e-mail indicated by him at the time of its identify.
IV - DELIVERY
The order will be carried out at the latest within thirty (30) days as from the day following that of the validation by the Purchaser of its order;
1- Unavailability of the Products
The Products are offered within the limit of stocks available. In the event of unavailability of the one of the Products, SHIGETA will refund by cheque the over-payment.
In all the above-mentioned cases, the Purchaser will have the possibility of cancelling his order by requesting either the refunding of the sums paid in the thirty (30) days at the latest after their taking away, by e-mail addressed to email@example.com, or the exchange of the inalienable Products.
2- Methods of delivery
The Products ordered by the Purchaser will be delivered to the address indicated by this last on the purchase order.
The Products will be conveyed through the services of UPS express saver (standard delivery time : 48h for France / 4-5 days outside of France).
The Products bought by bank check will be delivered within an 8 days deadline, after cashing of the payment.
SHIGETA thus declines any responsibility in the event of too important delivery period because of UPS, like in the event of loss of the ordered Products or of strike of UPS. It is specified that the risks of transport are supported by the Purchaser. In the event of delay of delivery, the Purchaser will have to announce this delay, as fast as possible by e-mail addressed coloristcolorist.net or telephone to the 01 42 30 58 45 of Monday at Friday of 9h with 18h (cost: tariff in force). SHIGETA will approach the mail service then so that an investigation is opened. The time of a postal investigation can be long. In addition, it is specified that the property of the ordered Products will be transferred to the Purchaser only with the total payment from the invoiced price, in these included expenses of delivery.
With the reception of the ordered Products, the Purchaser will have to check the conformity of these Products. Any anomaly concerning the delivery (Produced lack or broken, damaged parcel...) will have to be pointed out by the Purchaser on the receipt which the UPS will present to him at the moment of the handing-over of the parcel and will have imperatively to be notified, the very same day reception or at the latest the first wrought day following the reception, with the customer service of SHIGETA by e-mail addressed to firstname.lastname@example.org or by telephone to the 01 42 30 58 45 of 9H with 18H of Monday at Friday (standard calling tarif). Any complaint formulated after this time will be rejected and SHIGETA will be released from any responsibility.
Products not conforms, to exchange or refund, will have to be turned over to SHIGETA in his conditioning and its packing of origin, and to be accompanied by the invoice, with the following address : SHIGETA – 116 rue du Bac - 75007 PARIS. It is specified that the expenses of sending are with the load of SHIGETA.
SHIGETA will carry out then the exchange or the refunding of the defective or missing Products.
V - RIGHT OF RETRACTATION
The Purchaser has a seven (7) working days deadline to turn over, with his expenses, the Products which it ordered if those do not give him satisfaction. This time court as from the day of delivery of the order. The Products will have to be turned over in their conditioning and their packing of origin, and to be accompanied by the invoice, with the following address: SHIGETA – 116 rue du Bac - 75007 PARIS. If the above-mentioned conditions are met, SHIGETA will refund with the Purchaser, within sum, thirty (30) day corresponding to the products acquired by him.
VI - PAYMENT
It is specified that any payment will be done immediately on Internet. Except unavailability of the waiter, the Purchaser will have the choice at the time of the validation of its order as here before specified, between the following modes of payment :
- by chart : Bank card (Blue, Visa, Mastercard, Eurocard). The user will enter his number of chart and the scratch date, as well as the encoding with the back of the chart.
SHIGETA reserves the right to refuse any order or any delivery in the event of going beyond of the ceilings indicated in preamble to present, of existing litigation with the Purchaser, non-payment total or partial of an order the preceding one by the Purchaser, of refusal of authorization of payment per bank card of the banking organizations, of non-payment or partial payment.
- by Bank check :Your cheque accompanied by the impression of your order must reach us under 8 days. Your order will be treated within 8 day after cashing of the cheque, subject to provisions. The cancellation of the order before sending of the cheque is possible on simple e-mail sending to email@example.com (or phone call to the 01 42 30 58 45)
VII - DATA PROCESSING AND FREEDOMS
1- Personal information
the information of the personal information collected within the framework of the remote sale is obligatory, this information being necessary for the treatment and the delivery of the orders like for the establishment of the invoices. This information is strictly confidential. The defect of information implies the automatic rejection of the order. In accordance with the law n°78-17 of January 6, 1978 relating to data processing, with the files and freedoms, the personal data processing collected on the Site was the subject of a declaration near the National Commission of Data processing and Freedoms. The User has a right of access, of modification, correction and suppression of the data relating to it. To exert this right, the User will have to address a postal mail to SHIGETA – 116 rue du Bac - 75007 PARIS.
VIII - CAUSE BEYOND CONTROL
No Part will be responsible for non-fulfilment total or partial of its obligations to the title of this contract, if this non-fulfilment is caused by an event constitutive of cause beyond control.
Will be regarded as case of absolute necessity the events filling the criteria fixed by jurisprudence of the 2nd civil room of the Supreme court of appeal.
The Part calling upon an event constitutive of cause beyond control will have to warn of it the other Part in the five working days according to supervening or the threat of this event.
The Parts are appropriate that they will have to act in concert as soon as possible in order to determine together the methods of execution of the order throughout case of absolute necessity.
Beyond a time of one (1) month of interruption due to cause beyond control, SHIGETA will be able not to deliver the order, with load for it to refund the Purchaser if necessary.
IX - NOT PARTIAL VALIDITE
If one or more stipulations of these general conditions of sale are held for not-valid or are declared like such pursuant to a law, of a payment or following a final decision of a court of jurisdiction, the other stipulations will keep all their force and their range.
X - ENTIRETY OF THE CONTRACT
The present general conditions of sale and the summary of order transmitted to the Purchaser form a contractual unit and constitute the entirety of the contractual relations occurred.
In the event of contradiction between these documents, the general conditions of sale will prevail.
XI - APPLICABLE LAW - COURTS OF JURISDICTION
The present general conditions of sale and the contractual relations between SHIGETA and the Purchaser are subjected to the French law.
Responsibility express is allocated to the jurisdictions of Paris, place of the permanent establishment of SHIGETA.