Terms of sale
Information and Obligations Related to Japan's Specified Commercial Transactions Law
TERMS OF SALES
Our conditions of sale set out below are subject to Japanese law and strictly comply with the Hamon e-commerce law.
NinjutsuShop directly from Japan is considered the "exporter" of its products internationally.
Any order from the buyer (you) legally considered as "the importer" supposes the consultation and the express acceptance of the general conditions detailed below:
ARTICLE 1. LEGAL NOTICES
You are currently logged into the "NinjutsuShop.com" website.
ARTICLE 2. DEFINITIONS
Site produced by "NinjutsuShop.com" and consisting in particular of the "Sale for export of traditional Japanese products & martial arts".
On "NinjutsuShop.com" you will find "All the essential equipment for the practice of Ninjutsu, Ninpo.
"NinjutsuShop": website accessible at the URL "https://www.NinjutsuShop.com", as well as sub-sites, mirror sites, portals and URL variations relating thereto.
ARTICLE 3. SCOPE
The NinjutsuShop.com Site is open and free to all Internet users. Navigation on the NinjutsuShop.com Site implies acceptance by any Internet user of these general conditions. The simple connection to the Site will imply full and complete acceptance of these general conditions.
When registering on the NinjutsuShop.com Site, this acceptance will be confirmed by ticking the box corresponding to the following sentence: "I acknowledge having read and accepted the general conditions of service and use". The Internet user acknowledges by the same fact that he has read them fully and accepts them without restriction.
Ticking the aforementioned box will be deemed to have the same value as a handwritten signature on the part of the Internet user. The Internet user recognizes the proof value of the automatic recording systems of "NinjutsuShop" and, except for him to provide proof to the contrary, he waives the right to contest them in the event of a dispute.
These general conditions are applicable to relations between the parties to the exclusion of all other conditions, and in particular those of the Internet user.
Acceptance of these general conditions assumes on the part of Internet users that they have the necessary legal capacity for this, or failing that, that they have the authorization of a guardian or curator if they are unable , of their legal representative if they are minors, or that they hold a power of attorney if they are acting on behalf of a legal person.
You have the possibility of registering free of charge on a list of opposition to BLOCTEL canvassing (www.bloctel.gouv.fr) in order to no longer be canvassed by telephone by a professional with whom you have no current contractual relationship, in accordance with the law n°2014-344 of March 17, 2014 relating to consumption. Any consumer has the possibility to register for free on this list on the site https://conso.bloctel.fr/index.php/inscription.php
ARTICLE 4. PURPOSE OF THE SITE
The purpose of the NinjutsuShop.com Site is the sale of Japanese Ninjutsu Products and the provision of Services.
ARTICLE 5. STAGES OF THE ORDER
5.1. Product Order
The order is finalized after the validation of mandatory steps.
In order to place an order, Internet users can select one or more products and add them to their basket.
Product availability is often indicated on the NinjutsuShop.com Site, in the description of each item. When their order is complete, they can access their basket to validate it by clicking on the button provided for this purpose.
The customer will have to fill in his billing and/or delivery address, select his choice of mode of transport and method of payment in order to be able to carry out the final validation of the order.
Once the payment has been made and the payment confirmed, the order will be validated, the customer will receive an automatic confirmation email. The sale will then be considered final.
5.1.2. Validation of the order by the Internet user
By consulting their basket, Internet users will be able to check the number and nature of the Products they have chosen and will be able to check their unit price, as well as their overall price. They will be able to remove one or more Products from their basket.
If their order suits them, Internet users can validate it. They will then access a form on which they can either enter their login details if they already have them, or register on the Site by completing the registration form with their personal information.
5.1.3. Payment by the Customer
As soon as they are connected or after they have fully completed the registration form, Customers will be invited to check or modify their delivery and billing details, then will be invited to make their payment by being redirected for this purpose. on the secure payment interface with the words "order with obligation to pay" or any similar formula.
5.1.4. Order Confirmation by "NinjutsuShop.com"
Once the payment has actually been received by "NinjutsuShop.com", the latter undertakes to acknowledge receipt to the Customer electronically, within a maximum of 24 hours. Within the same period, "NinjutsuShop.com" undertakes to send the Customer an e-mail summarizing the order and confirming the processing thereof, containing all the information relating thereto.
5.2. Service Order
The Customer may place an order for a Service by contacting "NinjutsuShop.com" directly at the contact details indicated in Article 1 of these general conditions. "NinjutsuShop.com" then sends a Quote to the Customer by email, fax or mail.
ARTICLE 6. PRICE - PAYMENT
The applicable prices are those displayed on the NinjutsuShop.com Site on the day of the order.
These prices may be changed at any time by "NinjutsuShop.com".
The prices displayed are only valid on the day of the order and have no effect for the future.
The prices indicated on the Site are understood to be in euros, all taxes included, excluding delivery costs, customs taxes and (VAT).
6.2. Payment method
The Customer can pay by check, bank transfer or credit card, Paypal, Stripe.
Credit card payments are made through secure transactions.
In the context of credit card payments, "NinjutsuShop.com" has no access to any data relating to the Customer's means of payment.
Payment is made directly to the bank.
In the event of payment by check or bank transfer, delivery times only begin to run from the date of receipt of payment by "NinjutsuShop.com".
"NinjutsuShop.com" will send or make available to the Customer an invoice electronically after each payment.
The Customer expressly agrees to receive invoices electronically.
6.4. Default of payment
The agreed payment dates may not be delayed for any reason whatsoever, including in the event of a dispute.
Any amount not paid on the due date will give rise, automatically and without formal notice, to the application of late payment penalties calculated on the basis of a rate equal to 3 times the legal interest rate, without this penalty affects the payment of the sums due in principal.
In addition, any delay in payment will result in the invoicing of the defaulting Customer of recovery costs in the amount of 40 euros, the immediate payment of all sums remaining due regardless of the agreed deadlines, plus an indemnity of 20% of the amount as a penalty clause, as well as the possibility of terminating the contract unilaterally at the fault of the Customer.
6.5. European import VAT payment regulations
From July 1, 2021, application of value added tax (VAT) on your purchases from a country outside the European Union or the overseas departments
6.5.1 Paying taxes and customs duties
VAT is recovered directly by the postal carrier of your choice at the time of delivery of your package, from the delivery person or online (depending on the origin of the goods).
6.6. Refusal to pay VAT and customs fees
Any order placed on NinjutsuShop.com may be subject to the payment of VAT, any taxes and customs duties in the country of delivery.
These additional costs payable by the customer are not our responsibility. The VAT is to be paid directly to the carrier.
The post office
Please note that NinjutsuShop.com does not accept package returns for the reason of the customer's refusal to pay VAT and customs fees.
6.7. Return of parcels for breach of obligations
In the case of packages returned for the reason of refusal of VAT and customs fees, reshipping costs payable by the customer will be claimed.
If the customer fails to pay the reshipping costs within 14 days, the refund will be refused and the goods will be put back on sale.
For more details on customs regulations on the calculation and payment of taxes, please consult the official French customs website.
Purchases outside the European Union
Calculation of duties and taxes on purchases abroad
6.5. Retention of title
The Products sold remain the property of "NinjutsuShop.com" until full payment of their price, in accordance with this retention of title clause.
ARTICLE 7. COMPLAINT - WITHDRAWAL - GUARANTEE
7.1. Customer service
The Site's customer service is accessible outside public holidays from "Monday to Friday" from "9 a.m. to 5 p.m." (taking into account the 7-hour time difference between France and Japan) by e-mail to: "NinjutsuShop@gmail .com” or via the contact tab of the site or by post to the address indicated in article 1 of these general conditions.
7.2.1. Conditions for exercising the right of withdrawal
In accordance with the legislation in force in terms of distance selling, the Customer has a period of fourteen clear days to exercise his right of withdrawal without having to justify reasons or pay penalties, with the exception, where applicable , return costs.
The period mentioned in the preceding paragraph runs from either the day on which the distance contract is concluded for contracts relating to the supply of a service and/or the supply of digital content not supplied on a medium material, or from the receipt of the goods by the Customer or a third party, other than the carrier, designated by him, for contracts for the sale of goods and contracts for the provision of services including the delivery of goods.
In the case of an order relating to several goods delivered separately or in the case of an order for a good made up of batches or multiple parts whose delivery is staggered over a defined period, the period runs from receipt of the last good or lot or of the last piece. For contracts providing for the regular delivery of goods during a defined period, the period runs from the receipt of the first good.
When the fourteen-day period expires on a Saturday, Sunday or a public holiday or non-working day, it is extended until the next working day.
The decision to withdraw must be notified to "NinjutsuShop.com" at the contact details indicated in article 1 of these general conditions by means of an unambiguous declaration. The Customer has, for example, the possibility of using the standard form provided at the end of these general conditions. In any case, "NinjutsuShop.com" will send the Customer an acknowledgment of receipt of said withdrawal by email as soon as possible.
7.2.2. Effects of the right of withdrawal
The Customer returns or returns the products to the professional or to any person designated by the latter, without undue delay and, at the latest, within fourteen days of the communication of his decision to withdraw.
When the right of withdrawal is exercised, the professional is required to reimburse the Customer for all the sums paid, as soon as possible and at the latest within fourteen days following the date on which this right was exercised. Where applicable, the professional may defer reimbursement until the Products are recovered or until the Customer has provided proof of the shipment of the Products, whichever comes first. Beyond that, the sum due is, by operation of law, productive of interest at the legal rate in force, as specified in article L. 121-21-4 of the Consumer Code.
Where applicable, the professional makes the reimbursement using the same means of payment as that used by the Client for the initial transaction, unless the Client expressly agrees to the use of another means of payment and insofar as the reimbursement does not incur any costs for the Customer. However, the professional is not required to reimburse the additional costs if the Customer has expressly chosen a more expensive delivery method than the standard delivery method offered.
The direct costs of returning the Product are the responsibility of the Customer. These costs are estimated at an amount equal to the delivery costs stipulated on the invoice or delivery note.
The Customer's liability is only engaged with regard to the depreciation of the Product resulting from manipulations other than those necessary to establish
read the nature, characteristics and proper functioning of this Product.
The conditions, deadlines and procedures for exercising the right of withdrawal are set out in the standard form provided at the end of these general conditions.
7.2.3. Exclusions from the right of withdrawal
The right of withdrawal does not apply, in particular, to contracts:
all bespoke and personalized products
the sale products mentioned (Return not accepted. Product neither exchanged nor refunded)
7.3. Termination of the contract on the Customer's initiative
The Consumer Customer may terminate the contract by registered letter with acknowledgment of receipt if the delivery date of the goods is exceeded by more than seven days. The Customer will then be reimbursed for the sums incurred by him when placing the order.
This clause is not intended to apply if the delay in delivery is due to a case of force majeure. In such a case, the Customer undertakes not to take legal action against "NinjutsuShop.com" and waives the right to avail himself of the resolution of the sale provided for in this article.
7.4.1. Guarantee against apparent defects and faults
It is the Customer's responsibility to check that the Products are in good condition at the time of delivery. This verification must in particular relate to the quality, quantities and references of the Products as well as their conformity with the order. No complaint will be taken into account after a period of three days from delivery. In any case, any complaint concerning the delivered parcels will only be taken into account if the Customer having the quality of merchant has expressed reservations to the carrier in accordance with articles L. 133-3 and following of the Commercial Code.
7.4.2. Warranty against defects and hidden defects
22.214.171.124. Legal guarantees
Customers have a legal guarantee of correct delivery (article 1604 of the Civil Code), a legal guarantee against hidden defects (articles 1641 et seq. of the Civil Code) and a security guarantee (articles 1386-1 et seq. of the Civil Code).
Customers who are consumers also have a legal guarantee of conformity (articles L. 211-1 et s. Consumer Code).
In order to implement the warranty, it is up to the Customer to return the product to the address of the headquarters of "NinjutsuShop.com", accompanied by an explanatory letter requesting either repair, exchange or refund.
The costs of returning the Product remain the responsibility of the Customer, except for consumer Customers implementing the guarantee of conformity of articles L. 211-1 and s. Consumer Code.
ARTICLE 8. PERSONAL SPACE
8.1. Creation of personal space
The creation of a personal space is an essential prerequisite for any order from an Internet user on the Site. To this end, the Internet user will be asked to provide a certain amount of personal information. Some of this information is deemed essential for the creation of the personal space. The refusal by an Internet user to provide said information will have the effect of preventing the creation of the personal space as well as, incidentally, the validation of the order.
When creating the personal space, the Internet user is asked to choose a password. This password constitutes the guarantee of the confidentiality of the information contained in the personal space. The Internet user is therefore prohibited from transmitting it or communicating it to a third party. Otherwise, "NinjutsuShop.com" cannot be held responsible for unauthorized access to the personal space of an Internet user.
The Customer undertakes to regularly check the data concerning him and to proceed online, from his personal space, to the necessary updates and modifications.
8.2. Content of the personal space
The personal space allows the Customer to consult and follow all his orders made on the Site.
The pages relating to personal spaces are freely printable by the account holder in question, but do not constitute admissible evidence in a Japanese court. They have only an informative character intended to ensure an effective management of its orders by the Customer.
"NinjutsuShop.com" undertakes to securely store all contractual elements whose storage is required by law or regulation in force.
8.2.2. Customer Contributions
Customers are offered the ability to contribute to the content of the Site by posting comments on their use of the Products and Services and their relationship with "NinjutsuShop.com".
Comments must be made in French. They will be subject to validation by "NinjutsuShop.com" or its team of moderators.
By clicking on the "Validate" tab, in order to publish his comment, the Customer grants a non-exclusive copyright license free of charge to "NinjutsuShop.com" relating to said comment. As such, the Customer authorizes "NinjutsuShop.com" to communicate to the public online, in whole or in part, his comment on the Site, the newsletters of "NinjutsuShop.com" and the sites of the partners of "NinjutsuShop.com". The Customer authorizes "NinjutsuShop.com" to reproduce his comment for the purpose of communicating it to the public online and to produce communication and promotional materials for the Site. The Customer authorizes "NinjutsuShop.com" to translate his comment into any language for the purpose of communicating it to the public online and to reproduce it on its commercial and promotional materials. The right of adaptation also includes the right to make the modifications technically necessary for the exploitation of the commentary in other formats. This license is granted for commercial and advertising use. It is granted for the entire duration of the rights, for use in France and abroad.
The Customer declares to have the intellectual property and the necessary authorizations to proceed with the publication of his comment. The Customer undertakes to intervene on any request from "NinjutsuShop.com" to any instance brought against the latter as a result of his comment and to guarantee him any costs and convictions pronounced against him as a result, including any attorney fees.
8.3. Deletion of personal space
"NinjutsuShop.com" reserves the right to delete the account of any Customer who violates these general conditions, in particular when the Customer provides inaccurate, incomplete, misleading or fraudulent information, as well as when the personal space of a Customer is been inactive for at least a year. Said deletion will not be likely to constitute a fault of "NinjutsuShop.com" or damage for the excluded Customer, who will not be able to claim any compensation as a result.
This exclusion is without prejudice to the possibility, for "NinjutsuShop.com", to undertake legal proceedings against the Customer, when the facts have justified it.
ARTICLE 9. DELIVERY
9.1. Shipping cost
Delivery costs depend on the country of receipt, the total weight of the package and the shipping method EMS, E packet, DHL (economy or express).
This information will, in any case, be indicated to the Customer after the validation of his basket.
To obtain further information, it will be up to the Customer to contact customer service.
The delivery costs indicated on the Site are understood to be in euros including tax.
(excluding customs fees and import VAT tax of 20% required by EU since July 1, 2021)
9.2. Order processing time
According to our schedule, provisions and excluding Japanese public holidays, order processing time is approximately 24 hours minimum to 96 hours maximum
(but it happens in the case of the available stock of our antique kimono, haori, yukata ... that the delivery is made the same day after validation and confirmation of the order and payment)
9.3. Delivery time
Information given for information only, orders are delivered according to the delivery method selected by the customer at the time of purchase. The time is "4 to 10 days" working days from the perfect receipt of the price by "NinjutsuShop.com" .
9.3.1 Delivery method unavailable and/or unsuitable
NinjutsuShop.com reserves the right to modify the customer's choice of the shipping method selected and not authorized, in the exceptional case where the total weight of the products of the order exceeds the maximum authorized weight of 2Kg (E packet) In In this case, the sending of all the products constituting the customer's order will be made in several packages of 2kg max and may exceptionally be sent by Express service. (Service reserved for our loyal and friendly customers)
9.4. Damaged package
In the event of delivery of a package that is clearly and visibly damaged by the carrier, it is up to the Customer to refuse it in order to benefit from the guarantee offered by the carrier. The Customer must also inform the seller without delay, so that a new package is prepared for him, then shipped upon receipt of the damaged package in return. In such a case, the delivery times indicated above in these general conditions will no longer apply.
ARTICLE 10. COMPUTER AND FREEDOMS
10.1. Optional nature of the provision of data
Internet users are free to provide personal information about themselves. The provision of personal information is not essential for navigation on the Site.
10.2. Mandatory provision of data for registration
On the other hand, registration on this Site implies the collection by "NinjutsuShop.com" of a certain amount of personal information concerning Internet users. Internet users who do not wish to provide the information necessary for registration will not be able to place an order on this Site.
10.3. Compliance with the purpose of collecting personal data
The personal data collected is subject to computer processing and is exclusively reserved for "NinjutsuShop".
The data collected is necessary for the proper administration of the Site, as well as for the respect of its contractual obligations by "NinjutsuShop.com".
This data is kept by "NinjutsuShop.com" in this sole capacity. "NinjutsuShop.com" undertakes not to use them in any other context or to transmit them to third parties, except with the express consent of Internet users or in cases provided for by law. The personal data collected is not subject to any transfer abroad.
10.4. Right of access, rectification and opposition
The contact details of all Internet users registered on this Site are saved for a period of 1 year, a reasonable period necessary for the proper administration of the Site and normal use of the data. These data are kept under secure conditions, according to current technical means, in compliance with the provisions of the Data Protection Act of January 6, 1978.
In accordance with the latter, Internet users have the right to oppose, query, access and rectify the data they have provided. To do this, they just need to make a request to "NinjutsuShop.com", by sending it to the following email address: "NinjutsuShop@gmail.com", or by post to the address of the headquarters of " NinjutsuShop.com” referred to in Section 1 of these Terms and Conditions.
ARTICLE 11. COOKIES AND IP ADDRESSES OF INTERNET USERS
11.1.1. Purpose of setting cookies
In order to allow all Internet users an optimal navigation on this Site as well as a better functioning of the various interfaces and applications, "NinjutsuShop.com" may proceed to the implementation of a cookie on the Internet user's computer station.
11.1.2. Purpose of cookies
Cookies They make it possible to store information relating to navigation on the Site (date, page, times), as well as any data entered by Internet users during their visit (searches, login, email, password).