Terms and Conditions
These general conditions of sale, provided by Misaki, which the buyer (henceforth the Client) acknowledges they have become aware of and accepted at the time of placing the order, whatever its tangible form, define their mutual rights and obligations in the framework of sales made on the website. Without the mandatory written consent of Misaki, no agreement may derogate from the present ones.
2. Offer and Pricing
The offer of products is limited to the provided list of countries in which Misaki has undertaken to deliver. The prices and products indicated are understood to be in Euros (€) with all taxes and including VAT and any discounts in effect, with the exception of cases of participation in the sending costs (carriage, wrapping and packaging of the parcel) the fixed rate of which is clearly specified to the Client on the order form and before validation of the order as a supplement to the price of the products.
Any request for modification of the incoterms will be subject to the express and written consent of our services which are fully within their rights to refuse said requests following our commitments.
The products are those indicated as sold and shipped by Misaki. Photographs of the products are not contractual. The products remain the full property of Misaki until the complete collection of the sales price. The products are offered within the limit of stocks available. In the event of prolonged or final unavailability, Misaki reserves the right to cancel the order or propose to the Client a product of identical or greater value.
4. The Order
Before any validation of his or her basket, the Client will be warned that the validation of the order incurs an obligation of payment by clicking on the button “I confirm my order with obligation of payment”
After confirmation of the contents of his or her order, he/she makes a final validation of the transaction by the choice of his/her method of payment and the payment of the sum of the order in its entirety.
If the corresponding field has been correctly filled in, the Client shall then receive an e-mail including a summary of his/her order and its shipping along with the subject of the contract, its contents, price and date. This receipt represents the final step of formalization of the electronic sales contract between Misaki and the Client, until receipt of his/her invoice in the parcel.
Payment for the purchases is carried out exclusively in Euros(€). Misaki expressly requires the Client to observe the payment deadlines that are expressly indicated to him/her at the time of the order. They are mandatory and in the event of failure to pay the outstanding balance by the due date, the debtor Client will be liable, in addition to this balance, for a late penalty based on the rate of interest, at that date, practised by the ECB increased by 10 points and a compensation fee equivalent to 20% of the unpaid balance. This penalty is due automatically, following the formal notice, and due to the fact alone of the failure to observe the expiry date by the debtor; this besides a compensation fee for recovery costs, case fees, and legal fees. Misaki offers two payment solutions:
- Payment by bank card: Misaki only accepts bank cards bearing the logos CB, VISA or MASTERCARD.
- PayPal: For more information, the client is kindly requested to visit the PayPal website.
Delivery can only take place if the Client is up-to-date of his/her obligations towards Misaki. Misaki undertakes to do everything in its power to ensure the articles ordered can be shipped within the shortest possible time after signing the contract, within the limits of the legal national time period in effect in the country of delivery. In the event of Misaki failing to observe this time period, the Client has the option to alter or cancel his/her order on written request to the Customer Service. It is the responsibility of the Client to keep any evidence of his/her request (e-mail or mail with acknowledgement of receipt.) Any delay in delivery caused by a case of force majeure permits us to suspend or extend the agreed time periods, without this giving rise to any compensation whatsoever for the benefit of the Client. Misaki is responsible for the effective delivery of the products to the Client in the within the limits of the countries where delivery is offered. Transfer of ownership of the products takes place when the Client, or a third party other than the carrier and appointed by the Client, takes physical possession of the goods.
7. Right of cancellation
a) Returns policy: Within the 14 days following the day after the Client has received the order, he/she has a right of cancellation without having to provide any reason, or pay any penalty. The right of cancellation is also applicable to sale products, second-hand products and products removed from storage. Products must be returned intact, complete, in the original packaging and by a means guaranteeing their proper transport and safety. Products that have been unsealed by the Client after delivery are excluded from the law of cover by right of cancellation.
b) Means of exercising: To exercise his/her right of cancellation, the Client is kindly asked to fill out within the time period the cancellation form downloadable online from the website (or to compose a similar unambiguous statement along with the order number, the list of the products that the Client wishes to return in order to determine the sum that will be refunded to him/her) and send it via the website or to the Customer Service.
The burden of proof of the exercise of the right of cancellation rests devolves to the Client. If he/she has chosen to use the online form or to send an e-mail to email@example.com , the Client shall then receive an acknowledgement of receipt by e-mail when his/her request is being processed. If he/she has chosen to exercise his/her right by mail, Misaki advises them to exercise this right by recorded delivery with acknowledgement of receipt.
Finally, either simultaneously with the sending of his/her form (or his/her declaration), or in the 14 days following his/her request, the Client is kindly asked to send the product(s) to the following address:
S.A.M. ANNY REY / MISAKI
4/6 Avenue du Prince Albert II – 98000 MONACO
to obtain a refund thereof. The Client pays for the return costs (with the exception of a product faulty on receipt, or an error in the sending of the product that could be attributed to Misaki.
(Please complete and return this form along with your order number if you wish to cancel the order. We recommend you also include your order number).
For the attention of :
S.A.M. ANNY REY / MISAKI
4/6 Avenue du Prince Albert II
E-mail : firstname.lastname@example.org
Please accept my cancellation of the sale of the item shown below :
- Ordered [……………..] (*) received [……………..] (*)
- Name of customer : ........................................
- Customer adress : ...................................
- Signature of customer (only in case of notification using this form - hard copy)
- Date : .............................
(*) Delete the unnecessary reference
c) Refund procedure: In the event of the entire order being returned, Misaki shall refund to the Client costs in excess of the initial delivery costs, with the exception of additional costs resulting from the Client’s choice, where applicable, of a delivery method other than the least expensive standard delivery method offered, in accordance with legislation. The partial return of part of the ordered products shall not incur the refunding of the initial delivery costs because the sum of the delivery costs is on a flat-rate basis. In both cases, Misaki undertakes to provide a full refund of a product (or products) returned within the 14 days following their physical receipt or the receipt of an effective proof of their sending by the Client, the retained date being the first of these facts (as postmarked.) This refund shall use the same method of payment as that chosen by the Client for the initial transaction, unless the Client expressly assents to a different means; in any case this refund shall not give rise to any additional costs for the Client.
8. Consumer Warranties
The products sold are covered by the legal warranty of conformity (L211-1 and onwards of the French Consumer Code) and by the warranty against hidden defects (articles 1641 and onwards of the Civil Code), allowing the Client to return products delivered faulty or non- compliant.
9. Information Technology and Liberties / Personal Data
The personal data given by the Client, and requested by Misaki, responsible for processing are necessary for the placement of the order, for after sales processing, for the commercial management of the Client file, for the relevance of the offers proposed and the quality of commercial relations. Misaki wishes to recall its undertaking to scrupulously respect the confidence granted by each Client regarding the serious and proper management of his/her personal data: the Client thus enjoys a right of access and correction of personal data concerning them, and of opposition to the processing thereof. By way of Misaki, the Client can be caused to receive proposals from other enterprises, or also be informed of the offers by telephone or mail. The Client has the option to exercise these rights by e-mail or mail, citing his/her surname(s), first name(s), full address, and where applicable his/her client number. The Client also has the option to be entered on a telephone opt-out list to stop receiving commercial calls from third-party companies with which he/she has no commercial connection.
Misaki is responsible for the proper execution of the obligations resulting from all the steps necessary for the signing of the distance sales contract. However, Misaki shall in no case be held responsible, in full or in part, if it provides evidence that the failure to discharge its obligations is attributable either to the consumer, or to a service provider, or to an unpredictable and insurmountable deed of a third-party to the contract, or in cases of force majeure.
11. Cookies / Information Technology risks / Hypertext links
12. Intellectual Property
In accordance with the laws and regulations governing intellectual property, all logos, brands, drawings, models, domain names, catalogues, documentation or promotional items etc. are the exclusive property of Misaki. The reproduction or use of all or part of these elements is prohibited under penalty of prosecution and only permitted for the exclusive purposes of information for a personal and private use. All reproductions or use of copies made for other purposes are expressly prohibited. Any other use constitutes an infringement and shall be punished under the Intellectual Property Code, excepting prior and written permission of Misaki.
13. Modification of the General Conditions of Sale
Misaki reserves the right to modify or adapt these general conditions of sale at any time. They shall be applicable as soon as they are made available. The general conditions of sale in effect on the day of placement of the order and according to the last date of updating shall be applicable only to sales made subsequently to the modifications. In a situation where one of the terms of the general conditions of sale is considered illegal or unenforceable by a judicial decision, the other provisions remain in effect.
14. Applicable Law / Amiable Resolution
This contract is subject to the regulations on territorial and legislative competences in effect in the framework of a contract for the distance sale of goods on the Internet between a professional and a consumer. In the event of a dispute, the Parties must as a matter of priority work together to find an amiable solution, by way of any alternative method of dispute resolution available to them.