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. Any product returned damaged, used, incomplete or soiled is excluded from the benefit of the cancellation and can not be a subject of a refund or exchange.
b) Means of exercising
To exercise his/her right of cancellation, the Client is kindly asked to return by registered mail to the customer service, the jewelry with the cancellation form filled out to download here. The Client can 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). The burden of proof of the exercise of the right of cancellation rests devolves to the Client.
The Client pays for the return costs.
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 guarantees
a) Legal guarantees
The commercial guarantee granted below cannot prevent the Customer from enjoying the legal guarantee against hidden defects within the meaning of Articles 1641 et seq. of the Civil Code and the guarantee against non-conformities within the meaning of Articles L 211-1 and L 217-1 et seq. of the Consumer Code.
In accordance with the provisions of the Consumer Code, Articles L 211-4, L 211-5, L 211-12 of said Code, and Articles 1641 and the first paragraph of Article 1648 of the Civil Code are reproduced below:
Article L211-4 of the Consumer Code: the seller is obliged to deliver goods which comply with the contract and is liable for any lack of conformity which may exist upon delivery. It is also liable for any lack of conformity resulting from packaging, assembly instructions or installation when it is responsible for this under the terms of the contract or it has been carried out under its responsibility.
Article L211-5 of the Consumer Code: To conform to the contract, the product must:
1° Be fit for the purpose usually associated with such a product and, if applicable:
- correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model;
- have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labelling;
2° Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the Customer which was made known to the seller and which the latter agreed to.
Article L211-12 of the Consumer Code: legal action based on lack of conformity lapses two years after the delivery of the good.
Article L211-16 of the Consumer Code: When the buyer asks the seller, during the commercial warranty granted on the acquisition or repair of personal property, for a repair covered by the warranty, any period of immobilisation of seven days or longer shall be added to the unexpired term of the warranty. This period shall run from the time when the buyer requests assistance or the time when the product in question is taken out of service pending repair, should this be subsequent to the request for assistance.
Article 1641 of the Civil Code: the seller is bound by a warranty on account of the hidden defects of the good which renders it unfit for the use for which it is intended, or which reduce such use to such an extent that the buyer would not have purchased it, or would have offered a lower price for it, if they had been known to him.
Article 1648 para. 1 of the Civil Code: legal action arising out of redhibitory defects shall be taken by the buyer within a period of two years from the discovery of the defect.
b) Misaki commercial warranty
This warranty is not combined with said legal guarantees and does not replace them.
Each Misaki jewelry is sold with its warranty. MISAKI jewels and watches are covered by a one year international guarantee, which is effective from the date of purchase.The guarantee covers the free repair or replacement of any part which shows a manufacturing defect. The guarantee doesn’t apply to normal wear and tear including abuse of the product. Depending on the degree of damage to the warranted product, the feasibility and the availability of replacement parts, it will either be repaired or replaced. If a jewel cannot be repaired nor replaced (out of stock) then we will offer a selection of other jewels of the same value : the replacement will only be effective after the customer has agreed on it. This warranty service is free of charge.
The guarantee doesn’t apply in case of absence of proof of purchase, of expired period of guarantee, nor in case of normal wear and tear including abuse of the product (ex: use of perfume on the pearls, exposure to excess humidity…). For your information, you can refer to the Pearls care guide by clicking here.
If a piece is not covered by the terms of MISAKI warranty policy, we may offer a repair service at a charge. Please note that a defective piece can only be repaired if:
- The repair is feasible - it must be possible to bring the product back to his original pristine condition
- Spare parts are still available
- The jewel is still on production (in case the jewel cannot be repaired and needs replacement)
The cost of repair will depend on reference and kind of work requested. These charges may be subject to change. In any event, Misaki will perform the repair when the customer has approved by e-mail the cost of such repair.
In any case, the Client is responsible for freight charges back to Misaki.
Warranty return product procedure
Step 1: Please send before an email to After Sales Service: email@example.com
Step 2: When you receive an email back, you will be able to send your defect product together with its fill in warranty or proof of purchase to the following mail address:
S.A.M. ANNY REY / MISAKI
Service Après Vente
Bâtiment F Bloc B – 6ème étage
4/6 Avenue du Prince Albert II –
To avoid Custom charges, kindly stick your proforma invoice to the parcel in a transparent pouch available to Custom officers (you only have to fill in the date and your address).
When we will receive your product, we will contact you by email.Then we will examine the item and repair or replace it if the defect is covered by the Misaki guarantee (manufacturing defect). We will send it back via registered mail within 3 weeks after receipt date.
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.