ARTICLE 1. LEGAL NOTICE
You are currently connected to the website https://www.otakute.fr, published by the company Otakute.
The Site is hosted by LWS, head office: Kawaguchi-shi Minamicho 1-14-5 Saitama, Japan
ARTICLE 2. DEFINITIONS
"Client": any person, natural or legal, under private or public law, registered on the Site.
"Quotation": special conditions of the Services providing in particular their price and their terms of execution.
"Internet user": any person, natural or legal, under private or public law, connecting to the Site.
“Service”: service provided by https://www.otakute.fr.
“Product”: good sold by https://www.otakute.fr on the Site, in particular goodies.
"Site": website accessible at the URL https://www.otakute.fr, as well as the related sub-sites, mirror sites, portals and URL variations.
ARTICLE 3. SCOPE OF APPLICATION
The Site is open and free to all Internet users. Browsing the 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 Site, this acceptance will be confirmed by checking the box corresponding to the following sentence: "I acknowledge having read and accepted the general conditions of service and use". The Internet user recognizes by the same fact to have taken full knowledge of them and to accept them without restriction.
Checking 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 value of proof of the automatic registration systems of https://www.otakute.fr and, except for him to provide proof to the contrary, he renounces to contest them in the event of litigation.
These general conditions are applicable to the relations between the parties to the exclusion of all other conditions, and in particular those of the Internet user.
Acceptance of these general conditions presupposes that Internet users have the necessary legal capacity for this, or failing that, that they have the authorization of a tutor or curator if they are unable to do so. , of their legal representative if they are minors, or that they hold a mandate if they act on behalf of a legal person.
ARTICLE 4. PURPOSE OF THE SITE
The purpose of the Site is the sale of Products and / or Services by https://www.otakute.fr to Customers.
https://www.otakute.fr guarantees the conformity of the products with the description which has been made on the site
However Customers are informed that the photos are indicative only. The indications concerning the photos are given as an indication.
https://www.otakute.fr cannot guarantee the condition of the packaging.
The indications on the labels and back labels constitute the identification of the goodies and can in no way engage the responsibility of https://www.otakute.fr
ARTICLE 5. ORDER STEPS
5.1. Ordering Products
In order to place an order, Internet users can select one or more Products and add them to their basket. The availability of the Products is indicated on the Site, in the description of each item. When their order is complete, they can access their basket by clicking on the button provided for this purpose.
5.1.2. Confirmation of the order by the Internet user
By consulting their basket, Internet users will be able to check the number and the nature of the Products they have chosen and will be able to check their unit price, as well as their overall price. They will have the possibility 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 one, or register on the Site by completing the registration form using their personal information.
5.1.3. Payment by the Client
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.
5.1.4. Confirmation of the order by https://www.otakute.fr
Once payment has actually been received https://www.otakute.fr undertakes to send the Customer an email summary of the order and confirming the processing, including all the information relating thereto.
5.2. Service Order
The Customer can order a Service by contacting https://www.otakute.fr directly at the contact details indicated in Article 1 of these general conditions. https://www.otakute.fr then sends a Quote to the Customer by email, fax or mail.
The services are, for example, the estimation of a set of goodies.
ARTICLE 6. PRICE - PAYMENT
The applicable prices are those displayed on the Site on the day of the order. These prices can be modified at any time by https://www.otakute.fr. 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 in euros, all taxes included, with delivery costs.
6.2. Method of payment
The products and delivery costs are payable in full by the customer when the order is placed.
The Customer can pay by credit card. Credit card payments are made through secure transactions provided by Stripe.
In the context of payments by credit card, https://www.otakute.fr has no access to any data relating to the Customer's means of payment. Payment is made directly to the bank.
https://www.otakute.fr will send or make available to the Customer an invoice electronically after each payment. The Customer expressly agrees to receive invoices electronically.
ARTICLE 7. COMPLAINTS - WITHDRAWAL - GUARANTEE
7.1. Customer service
The Site's customer service is available on Mondays from 2 p.m. to 7 p.m. and from Tuesday to Saturday from 10:30 a.m. to 7 p.m. by email at: email@example.com
7.2. Right of withdrawal - Distance selling
7.2.1. Conditions for exercising the right of withdrawal
In accordance with the legislation in force in the field 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 previous paragraph runs from either the day on which the distance contract is concluded for contracts relating to the provision of a service, or from the receipt of the goods by the Customer or a third party, other than the carrier, appointed 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 for several goods delivered separately or in the case of an order for a good made up of lots or multiple pieces whose delivery is spread over a defined period, the period starts from receipt. of the last good or lot or of the last part. For contracts providing for the regular delivery of goods during a defined period, the period starts from the receipt of the first good.
When the fourteen-day period expires on a Saturday, Sunday or a public holiday, it is extended until the next working day.
The withdrawal decision must be notified to https://www.otakute.fr 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 email provided at the end of these general conditions. In any event, https://www.otakute.fr 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 following the communication of his decision to withdraw.
When the right of withdrawal is exercised, the professional is required to reimburse the Customer for all sums paid after deduction of the costs associated with the transaction (packaging and transport costs, etc.), as soon as possible and at the earliest opportunity. later within fourteen days of the date on which this right was exercised. Where applicable, the professional may defer the reimbursement until recovery of the Products or until the Customer has provided proof of shipment of the Products, at the earliest of the two events.
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 for the use of another means of payment and to the extent that the reimbursement does not incur 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 AND in its original packaging. These costs are estimated at a maximum of 500 euros per goodies.
The responsibility of the Customer is only engaged with regard to the depreciation of the Product resulting from handling other than those necessary to establish the nature, characteristics and proper functioning of this Product.
7.2.3. Exclusions from the right of withdrawal
Pursuant to Article L.221-28 of the Consumer Code, the right of withdrawal does not apply, in particular, to contracts:
- provision of services fully executed before the end of the withdrawal period and whose execution has begun after the Customer's prior express agreement and express waiver of his right of withdrawal;
- supply of goods made to the Customer's specifications or clearly personalized;
- supply of goods which have been unsealed by the Customer after delivery and which cannot be returned for reasons of hygiene or health protection;
- supply of goods which, after having been delivered and by their nature, are inseparably mixed with other items;
- supply of digital content not supplied on a physical medium, the execution of which has begun after the express prior consent of the Customer and express waiver of his right of withdrawal.
7.3. Resolution of the contract on the initiative of the Client
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 during 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 https://www.otakute.fr and waives the right to invoke the resolution of the sale.
provided for in this article.
7.4.1. Guarantee of apparent defects and defects
It is the Customer's responsibility to check the good condition of the Products at the time of delivery. This verification must relate in particular 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 event, any complaint concerning the packages delivered will only be taken into account if the Customer has made reservations with the carrier in accordance with Articles L. 133-3 et seq. Of the French Commercial Code.
7.4.2. Guarantee against hidden defects
18.104.22.168. Legal guarantees
Customers have a legal guarantee of compliant 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.217-4 et seq. Of the Consumer Code).
In order to implement the warranty, it is the Customer's responsibility to return the product to the address of the head office of https://www.otakute.fr, accompanied by an explanatory letter requesting either repair or exchange, or reimbursement.
The cost of returning the Product remains the responsibility of the Customer, except for Consumer Customers implementing the guarantee of conformity of Articles L.217-4 and following of the Consumer Code.
The consumer Customer has a period of 2 years from the delivery of the goods to act with the seller. As such, he can choose between repairing or replacing the Product, subject to the cost conditions provided for in Article L217-9 of the Consumer Code. Finally, the Customer is exempt from providing proof of the existence of the lack of conformity of the Product during the 5 days following the delivery of the said Product, except for second-hand goods.
Where applicable, the legal guarantee of conformity applies independently of the commercial guarantee.
ARTICLE 8. PERSONAL SPACE
8.1. Creation of personal space
The creation of a personal space is a 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 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 invited to choose a password. This password is the guarantee of the confidentiality of the information contained in the personal area. The Internet user therefore refrains from transmitting or communicating it to a third party. Otherwise, https://www.otakute.fr cannot be held responsible for unauthorized access to the personal space of an Internet user.
The Customer undertakes to carry out a regular verification of the data concerning him and to proceed online, from his personal space, with the necessary updates and modifications.
8.2. Content of 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 by a court.
They are only for informational purposes intended to ensure efficient management of their orders by the Customer.
https://www.otakute.fr undertakes to keep in a secure manner all the contractual elements whose conservation is required by the law or the regulations in force.
8.2.2. Customer Contributions
Customers are offered the option of contributing to the content of the Site by posting comments on their use of the Products and Services and their relationship with https://www.otakute.fr. Comments should be made in French.
They will be subject to validation by https://www.otakute.fr or its team of moderators.
By clicking on the "publish comment" tab, in order to publish his comment, the Customer grants a non-exclusive copyright license free of charge to https://www.otakute.fr relating to said comment. As such, the Customer authorizes https://www.otakute.fr to communicate to the public online, in whole or in part, his comment on the Site, the newsletters to publish his comment and the partner sites to publish his comment. The Customer authorizes to publish his comment to reproduce his comment for the purposes of communicating it to the public online and to produce communication and promotional material for the Site. The Customer authorizes to publish his commentary to translate his commentary into any language for the purposes of communicating it to the public online and reproducing it on its commercial and promotional media. The right of adaptation also includes the right to make the technically necessary changes to use the comment in other formats. This license is granted for commercial and advertising use. It is granted for the 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 https://www.otakute.fr to any proceeding brought against the latter because of his comment and to guarantee him against any costs and sentences pronounced against him as a result, in this including any legal fees.
8.3. Removal of personal space
https://www.otakute.fr reserves the right to delete the account of any Customer who contravenes these general conditions, in particular when the Customer provides inaccurate, incomplete, false or fraudulent information, as well as when the personal space of 'a Client will have been inactive for at least one year. Said deletion will not be likely to constitute a fault of https://www.otakute.fr or a damage for the excluded Customer, who will not be able to claim any compensation for this fact.
This exclusion is without prejudice to the possibility, for https://www.otakute.fr, to take legal action against the Customer, when the facts have justified it.
ARTICLE 9. DELIVERY
9.1. Shipping cost
The costs of delivery or provision will, in any event, be indicated to the Customer before any payment and only concern deliveries made in mainland France, Corsica included. For any other place of delivery, it will be up to the Customer to contact customer service.
The delivery costs indicated on the Site are understood in euros, all taxes included.
9.2. Delivery time
Orders are delivered from several countries in the world and delivery times can take from 7 to 30 days.
9.3. Damaged parcel
In the event of delivery of a clearly and visibly damaged package, it is up to the Customer to refuse it in order to benefit from the carrier's guarantee. The Customer must also inform the seller without delay, in order to open a file with the carrier and thus reimburse the Customer within 48 hours after receipt of the carrier's guarantee.
No refund will be made without validation from the carrier.
ARTICLE 10. INFORMATION TECHNOLOGY AND FREEDOMS
10.1. Optional nature of the provision of data
Internet users are free to provide personal information concerning them. The provision of personal information is not essential for browsing the Site.
10.2. Mandatory provision of data for registration
On the other hand, registration on this Site supposes the collection by https://www.otakute.fr 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. Respect for the purpose of collecting personal data
The personal data collected are subject to computer processing and are exclusively reserved for https://www.otakute.fr. The data collected is necessary for placing an order, for delivery terms and for invoicing and in general for the proper administration of the Site, as well as for compliance with its contractual obligations by https://www.otakute.fr. These data are kept by https://www.otakute.fr in this unique capacity.
https://www.otakute.fr undertakes not to use them in another context nor to transmit them to third parties, without the express consent of Internet users or cases provided for by law. The personal data collected is not transferred 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 data. These data are kept in 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 https://www.otakute.fr, by sending it to the following email address: firstname.lastname@example.org, or by post to the head office address. of https://www.otakute.fr mentioned in article 1 of these general conditions.
ARTICLE 11. COOKIES AND IP ADDRESSES OF INTERNET USERS
11.1.1. Purpose of the implementation of 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, https://www.otakute.fr may proceed to the installation of a cookie on the computer station of the Internet user.
11.1.2. Purpose of cookies
Cookies are used 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). These cookies are intended to be stored on the Internet user's computer for a variable period of time up to, and can be read and used by https://www.otakute.fr during a subsequent visit by the Internet user. on this Site.
11.1.3. Faculty of opposition of the Internet user to the installation of cookies
The Internet user has the option of blocking, modifying the retention period, or deleting these cookies via the interface of his browser (generally: tools or options / privacy or confidentiality). In such a case, navigation on this Site will not be optimized. If the systematic deactivation of cookies on the Internet user's browser prevents him from using certain Services, this malfunction can in no way constitute damage to the Internet user, who cannot claim any compensation for this fact.
11.1.4. Deletion of installed cookies
Internet users also have the possibility of deleting the cookies installed on their computer, by going to the menu of their browser provided for this purpose (generally, tools or options / privacy or confidentiality). Such an action causes Internet users to lose the benefit provided by cookies.
11.2. IP addresses
11.2.1. Defining and collecting IP addresses
The IP address is a series of numbers separated by periods allowing the unique identification of a computer on the Internet. https://www.otakute.fr reserves the right to collect the public IP address of all Internet users. The collection of this IP address will be carried out anonymously. The IP address of Internet users will be kept for the period required by law.
11.2.2. Communication of IP addresses
https://www.otakute.fr must communicate all personal data relating to an Internet user to the Police upon judicial requisition or to any person upon judicial decision. The IP address may be reconciled with the actual identity of the Internet user in the event of communication of this information by an Internet service provider.
ARTICLE 12. RESPONSIBILITY OF https://www.otakute.fr
12.1. Nature of the obligations of https://www.otakute.fr
https://www.otakute.fr undertakes to provide the care and diligence necessary for the supply of quality Products and / or Services in accordance with the specifications of these General Conditions and, where applicable, of the Quote.
12.2. Force majeure - Customer's fault
https://www.otakute.fr will not be held liable in the event of force majeure or fault on the part of the Customer, as defined in this article: 12.2.1. Force majeure
Within the meaning of these general conditions, will be considered a case of force majeure opposable to the Customer any impediment, limitation or disturbance of the Service due to fire, epidemic, explosion, earthquake, fluctuations in the band. pass-through, breach attributable to the access provider, failure of transmission networks, collapse of facilities, illicit or fraudulent use of passwords, codes or references provided to the Customer, computer hacking, a breach security attributable to the host of the Site or to the developers, flood, blackout, war, embargo, law, injunction, request or requirement of any government, requisition, strike, boycott, or other circumstances beyond the reasonable control of https://www.otakute.fr. In such circumstances, https://www.otakute.fr will be exempt from the performance of its obligations within the limits of this impediment, limitation or inconvenience.
12.3. Technical problems - Hypertext links
In the event that it is impossible to access the Site, due to technical problems of all kinds, the Customer may not claim any damage and may not claim any compensation.
The unavailability, even prolonged and without any limitative period, of one or more online services, cannot constitute a prejudice for the Customers and cannot give rise in any way to the award of damages from https://www.otakute.fr.
The hypertext links on the Site may refer to other websites. The responsibility of https://www.otakute.fr can not be engaged if the content of these sites violates the laws in force. Likewise, https://www.otakute.fr cannot be held liable if the visit by the Internet user to one of these sites causes him harm.
In the current state of the art, the rendering of the representations of the Products offered for sale on this Site, in particular in terms of colors or shapes, may vary significantly from one computer station to another or differ from reality depending on the quality of the graphics accessories and the screen or the resolution of the display. These variations and differences can in no way be attributed to https://www.otakute.fr which can in no case be held liable for this fact.
12.4. Damages payable by https://www.otakute.fr
In the absence of contrary legal or regulatory provisions, the liability of https://www.otakute.fr is limited to the direct, personal and certain damage suffered by the Customer and linked to the failure in question. https://www.otakute.fr can in no way be held responsible for indirect damage such as, in particular, loss of data, commercial damage, loss of orders, damage to the brand image, commercial disturbances and lost profits or customers. Likewise and within the same limits, the amount of damages charged to https://www.otakute.fr may not in any case exceed the price of the Product and / or the Service ordered.
12.5. Liability as a host
The data, in particular comments, published on the Site by the Customer are under his own responsibility.
In this context, https://www.otakute.fr will benefit from the status of data host within the meaning of article 6-I-2 of the Law for confidence in the digital economy of June 21, 2004. In accordance with paragraph 3 of the same article, https://www.otakute.fr will not be able to see its civil or penal liability engaged because of these comments, unless, from the moment when it becomes aware of the activity or of unlawful information, he did not act promptly to remove such information or make access to it impossible.
ARTICLE 13. INTELLECTUAL PROPERTY
The contents of the Site (texts, images, diagrams, structure, database, software ...), owned by https://www.otakute.fr are protected by copyright and database law. Any representation, reproduction, translation, adaptation or transformation, in whole or in part, carried out illegally and without the consent of https://www.otakute.fr or of its beneficiaries or assigns constitutes a violation of Books I and III of the Code of intellectual property and may give rise to legal proceedings for infringement. The published contents of the Site are for information only, without guarantee of accuracy. https://www.otakute.fr can in no way be held responsible for any omission, inaccuracy or any error contained in this information and which would be the cause of direct or indirect damage caused to the Internet user.
ARTICLE 14. GENERAL PROVISIONS
14.1. Applicable right
These general conditions are subject to the application of French law.
14.2. Amendments to these general conditions
These general conditions can be modified at any time by https://www.otakute.fr. The general conditions applicable to the Customer are those in force on the day of his order or of his connection to the Site, any new connection to the personal area entailing acceptance of the new general conditions.
14.3. Amicable settlement of disputes
Except for provisions of public order, any disputes which may arise in the context of the execution of these general conditions must be submitted to https://www.otakute.fr before any legal action with a view to an amicable settlement.
The nullity of one of the clauses of this contract will not entail the nullity of the other clauses of the contract or of the contract as a whole, which will retain their full effect and scope. In such a case, the parties must, as far as possible, replace the canceled stipulation by a valid stipulation corresponding to the spirit and the object of the present.
14.5. No waiver
The absence of exercise by https://www.otakute.fr of the rights which are recognized to it by the present can in no case be interpreted as a waiver to assert said rights.
14.6. Languages of these general conditions
These general conditions are offered in French.
14.7. Unfair terms
The provisions of these general conditions apply subject to compliance with the mandatory provisions of the Consumer Code concerning unfair clauses in contracts concluded between a professional and a consumer.