These General Terms and Conditions of Sale("GTC") apply, without restriction or reservation, to all sales concluded by Issey Miyake Europe SA ("the Seller") to consumers and non-professional buyers ("Customers or the Customer") on the sales section of the eu-store.isseymiyake.com site ("Site").
2. Purchases on the Site
3. Seller's contact details
4. Products offered for sale
5. Availability of Products
7. Modification and cancellation of the order
9. Terms of payment
10. Delivery of Products
11. Transfer of Ownership, Transfer of Risk
12. Right of withdrawal
13. Seller's Liability, Warranty
14. Intellectual Property
16. Force majeure
17. Protection of personal data
18. Applicable law, Language, Amicable settlement of disputes
19. Customer Service and Complaints
PRELIMINARY ARTICLE – Definitions
The terms and expressions referred to in the preamble hereto and below shall have the meanings ascribed to them in this article:
"Customer" means the non-commercial natural person carrying out the Order, and holding full legal capacity;
"Order" means the Commitment by the Customer to purchase the Products selected via the Site;
"Multiple Order" means the purchase on the Site of several Products delivered per package separated by the same order;
"General Terms and Conditions of Sale" or "GTC" has the meaning given to it in the preamble hereto;
"Total Amount Due" means the total amount of the cumulative prices of the Products that are the subject of the Order, all taxes included, to which is added the price of the costs of the delivery;
"Products" means any product offered for sale by Issey Miyake;
"Price" is the unit value of a Good or Service, this value includes all taxes;
"Customer Service" is Issey Miyake's service responding to requests for information, complaints, and providing assistance to Customers, reachable according to the terms defined in Article 19 of the GTC;
"Site" has the meaning given to it in the preamble here to;
"Visitor" means the Customer who has not created a customer account on the Site.
Any reference to the singular includes the plural and vice versa. Any reference to one genre includes the other gender.
ARTICLE 1 – Scope
1.1 These General Terms and Conditions of Sale apply to all sales concluded by the Seller with a natural person who acts for purposes that do not fall within the scope of his commercial, industrial, craft or liberal activity aimed at or making a purchase via the Site ("the Customer").
1.2 These General Terms and Conditions of Sale specify in particular the conditions of order, payment, delivery and management of any returns of the Products ordered by the Customers. They may be supplemented by special conditions, set out on the Site, before any transaction with the Customer.
These GTC apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.
They are accessible at any time on the Site eu-store.isseymiyake.com and will prevail, if necessary, over any other version or any other contradictory document.
1.3 The General Terms and Conditions of Sale may be modified at any time.
Any modifications and/or new conditions will come into force as soon as they are posted on the Site andwill not apply to transactions concluded previously. Users of the Site are therefore invited to regularly access the Site to consult, before any purchase, the updated version of the General Terms and Conditions of Sale.
1.4 The General Conditions of Sale applicable to the Customer's purchase are those in force on the Site on the day the order is placed.
1.5 The Customer must carefully read these General Terms and Conditions of Sale made available to him by clicking on the link "General Conditions of Sale" of the Site (eu-store.isseymiyake.com) accessible at the footer of the Site.
ARTICLE 2 – Purchases on the Site
2.1 The purchase of Products on the Site is permitted only to persons:
- who has attained the age of 18 years;
- consumers, i.e. natural persons who, in relation to the purchase of the Products, do not act as a company, commercial, professional or artisan;
iii. who do not purchase the Products with a view to reselling them.
2.2 The Customer has the possibility to purchase several products for the same order ("Multiple Order"). The Seller nevertheless reserves the right to proceed with the shipment on separate packages.
ARTICLE 3 – Contact details of the Seller
3.1 The Seller's contact details are as follows:
Issey Miyake Europe SA
RCS de Paris under number 114030
VAT number: FR01113570442
Registered office: 5, Place des Vosges – 75004 Paris, France
Email address : email@example.com
Phone number: +33 1 87 44 58 71
Or, alternatively and depending on stock availability:
Issey Miyake Italy Srl,
Registered in the Business Register of Milan (Italy) under number 000002101206
VAT number: 09601750962 ("Issey Miyake").
Siège social : Giacomo Leopardi 7 - 20121 Milan, Italy
Email address : firstname.lastname@example.org
3.2 The Customer may know the identity of his Seller, depending on the availability of stocks, through the shipping confirmation email.
3.3 In accordance with the Data Protection Act of 6 January 1978, reinforced and supplemented by the GDPR (General Data Protection Regulation) which entered into force on 25 May 2018, the Customer has, at any time, the right to access, rectify, oppose, erase and portability of all his personal data by writing, by mail and by proving his identity, to the address of the Seller, mentioned above.
The validation of the order by the Customer implies acceptance without restriction or reservation of these General Terms and Conditions of Sale.
The Customer acknowledges having the capacity required to contract and acquire the Products offered on the Site.
ARTICLE 4 – Products offered for sale
4.1 Issey Miyake offers for sale the following brand: ISSEY MIYAKE, PLEATS PLEASE, BAO BAO, HOMME PLISSE,132.5.
The Products are clothing items and accessories (such as, for example, bags, perfumes, watches) present in the electronic catalog published on the Site when the Order is placed by the Customer.
4.2 Each Product is accompanied by an information sheet illustrating its essential characteristics ("Product Sheet"). The Customer is required to read it before placing any order. The choice and purchase of a Product is the sole responsibility of the Customer.
4.3 The Seller takes the greatest care in the visual representations of the Products on the Site.
However, due to the computer processing of images, the dimensions and/or colors of the Products may differ from the actual colors due to the settings of the computer systems or computers used by customers during viewing. In addition, the images of the Products on the Product Sheet could be incorrectly related to any accessory products.
These visual representations therefore have only an indicative illustrative function and require a tolerance of use.
The photographs and graphics present on the Site are not contractual and cannot engage the responsibility of the Seller. For the purposes of the purchase contract, the description of the F iche Product appearing on the order form sent by the Seller is always authentic.
The contractual information is presented in French and is confirmed at the latest at the time of validation of the order by the Customer.
4.4 The Products presented on the website are offered for sale for the following territories:
Countries of the European Union.
In case of order to a country other than metropolitanFrance, the Customer is the importer of the Product(s) concerned.
ARTICLE 5 – Availability of Products
5.1 The offers presented on the Site are valid, in the absence of any other indication of a particular duration, as long as the Products appear in the electronic catalogue and within the limits of available stocks.
In the event of total or partial unavailability of the Products after placing the Order, the provisions of Article 5.3 hereof shall apply.
5.2 The availability of the Products is constantly monitored and updated. However, since the Site may be visited by several Customers at the same time, it is possible that several Customers purchase the same Product at the same time. In this case, the Product may appear available for a short period of time, even if it is sold out or is not immediately available.
5.3 If the Product proves to be unavailable for the reasons mentioned above or in other cases of unforeseen unavailability, the Seller will not validate the order.
5.4 If the payment of the Total Amount Due - calculated on the total price of the Product, the delivery costs if applicable and any other additional costs related to the order ("Total Amount Due") - has already been paid, the Seller will refund the Total Amount Due without delay and, in any case, within 14 calendar days of the cancellation of the order. If this period expires on a Saturday, Sunday or public holiday, it shall be extended until the first working day.
The amount of the refund will be credited to the same payment method used by the Customer at the time of purchase.
ARTICLE 6 – Orders
6.1 Registration to the Site
The purchase of Products on the Site can be made by prior registration on the Site or in "Visitor" mode.
Registration to the Site is free of charge. To register on the Site, the User must fill out an appropriate form, indicating his surname, first name, title, e-mail address and password, if applicable his bank details, then clicking on "Create my account". Registration on the Site will be confirmed by sending an e-mail to the Customer.
Registration on the Site, via the opening of a personal account called "My Account", allows the Customer to:
- save their postal and e-mail addresses as well as their telephone number;
- save your bank details in order to be able to reuse them when paying for future purchases;
iii. access all information relating to orders and returns;
- monitor the progress of his order;
- manage their personal data and update them at any time;
- revoke, at any time, any consent expressed.
6.2 Placing the order
It is up to the Customer to select on the site the Products he wishes to order, according to the following methods:
- the Customer completes an electronic order form and sends it to ISSEY MIYAKE by computer, following the instructions that will appear as and when on the Site;
- before proceeding to the transmission of the order form, the Customer has the opportunity to check the details of his order, its total price and to identify and correct any input error by following the instructions on the Site before confirming its acceptance. It is his responsibility to verify the accuracy of the order and to report or rectify any errors immediately.
iii. once the order form has been registered and the confirmation of the validity of the means of payment used has been received, subject to what is provided for in Article 9.1 and the following paragraphs, the Seller will send the Customer a message of receipt of the order ("Order Receipt") to the email address indicated, containing: a summary of the General Terms and Conditions of Sale, as well as the special conditions applicable to the contract, information relating to the essential characteristics of the Product purchased or, information relating to this product and the customization options chosen by the Customer, the detailed indication of the price, the means of payment used, the delivery costs and any additional costs as well as information on the right of withdrawal or its exclusion. Theorder receipt does not constitute acceptance of the purchase proposal, it serves only to confirm receipt of the order and it is subject to the process of verifying the data and availability of the Products requested.
- the Seller will send the Customer an email confirming the shipment ("Email Confirmation of shipment").
6.3 The registration of an order on the Website is carried out when the Customer accepts these General Terms and Conditions of Sale by ticking the box provided for this purpose and validates his order.
By placing his order, the Customer acknowledges having read, understood and accepted all of these GTC which will be brought to his attention before the conclusion of the sale as well as the general conditions of use of the Site.
The sale is final only after the customer has sent the confirmation of the acceptance of the order by the Seller by e-mail which must be sent without delay and after receipt by the latter of the full price.
Any order placed, validated by the Customer and confirmed by the Seller on the Site, under the conditions and according to the terms described above, constitutes the formation of a contract concluded at a distance between the Customer and the Seller.
Unless proven otherwise, the data recorded in the Seller's computer system constitute proof of all transactions concluded with the Customer.
6.4 The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
6.5 As the Seller is not intended to sell the Products on the website to professionals, but only to consumers or non-professionals, he reserves the right to refuse orders for the same Product in large quantities and containing more than 20 items.
6.6 The languages available to customers for the conclusion of the contract are French, English, Italian and German. The Customer Service whose contact details and schedules are mentioned in Article 19 of these GTC is able to communicate with Customers in these same languages.
ARTICLE 7 – Modification and cancellation of the order
7.1 Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be modified.
7.2 Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be cancelled, except the exercise of the right of withdrawal or cases of force majeure.
ARTICLE 8 -The Products
8.1 The Products are supplied at the rates in force appearing on the Site, when the order is registered by the Seller. All prices are expressed in Euros and include all taxes.
They do not include the costs of processing, shipping, transport and delivery, which are invoiced in addition to the price of the Products, under the conditions indicated on the Site and indicated to the Customer before the validation of the order.
If the Customer requests a faster or more expensive shipping method than standard shipping, the additional delivery costs, as they appear at the time of validation of the order by the Customer, are entirely at his expense.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
The rates take into account any reductions that may be granted by the Seller on the Site.
8.2 These rates are firm and non-revisable during their period of validity, as indicated on the Site. The Seller reserves the right, outside this period of validity, to modify the price of the Products at any time, without notice, remaining understood that the price debited to the Customer will be that indicated on the Site when placing the order and that any changes will not be taken into account (increase or decrease) after the transmission of this order.
8.3 In the event of a Product(s) on sale on the Site, the Product Sheet will indicate the price inclusive of all taxes reference on which the discount is calculated.
8.4 An invoice is drawn up by the Seller and given to the Customer upon delivery of the Products ordered.
ARTICLE 9 – Terms of payment
9.1 Payment for Products purchased on the Site may be made in the following ways:
- by means of a credit card, among the credit cards accepted by the Seller, which are specifically indicated at the bottom of the page to the right of each page of the Site;
- by means of the PayPal payment solution.
The terms of payment available to make the payment of the orders have expressly mentioned on the Site before the placing of the order by the Customer. In any case, the payment method(s) not available can not be selected by the Customer during the order.
All Credit and Debit card transactions are debited at the time of purchase and once you receive confirmation.
9.2 The Seller uses the secure payment service of the company Global Collect Services (Ingenico ePayments), which provides for the use of the SSL process. The payment data of the credit card (card number, date of issue, expiry date, cryptogram) or PayPal account (e-mail address and password) are encrypted and are sent directly to the payment management service without transiting through the Seller's servers. Thus the Seller has no access or backup for the data provided.
9.3 The Products will belong to the Seller until payment by the Customer of the Total Amount Due. If the Total Amount Due is not paid or the payment does not work, the order will be cancelled and if the shipping confirmation email already sent, the purchase contract will be terminated automatically, without affecting the provisions of Art. 9.5 of the GTC.
The Customer will be informed by e-mail of the termination of the contract and, consequently, of the cancellation of the order.
9.4 If the Customer is unable to complete the payment of his order by credit card (e.g. negative outcome of the procedure for verifying the validity of the card and/or the absence of blocking; insufficient provision on the account linked to the card; exceeding the maximum spending limit, etc.) and if the Seller decides not to proceed with the termination of the contract, after sending the shipping confirmation email, the Customer's order will be interrupted and the Customer Service will contact the Customer by email or telephone according to the information that has been communicated by the latter in order to offer him payment by bank transfer.
9.5 The Customer may use his PayPal account to pay for his Order. Once the Order has been completed and the method PayPal selected as the payment method, the Customer will be redirected to the Site www.paypal.com to make payment for the Products according to the procedure provided for and regulated by PayPal and according to the terms and conditions of contract agreed between the Customer and PayPal.
The data inserted on the PayPal Site will be directly processed by PayPal and they will not be transmitted or shared with the Seller. The latter is therefore not able to know and save in any way the data of the credit card associated with thecustomer's PayPal account or the data of any other payment tool linked to this account.
In case of payment through PayPal, the Total Amount Due will be debited to the Customer by PayPal simultaneously upon conclusion of the online contract, according to the terms referred to in Article 6.2 above.
In the event of termination of the purchase contract and for any other reason for reimbursement, for any reason whatsoever, the amount of the refund due to the Customer ("Refund Amount") will be paid into his account PayPal.
The transfer times on the payment tool linked to this account depend exclusively on PayPal and the banking system. When the transfer order is sent to this account, the Seller is not responsible for any delays or omissions concerning the transfer of the Refund Amount to the Customer. To make a dispute, the Customer must contact PayPal directly.
9.6 In addition, the Seller reserves the right, in the event of non-compliance with the payment terms set out above, to suspend or cancel the delivery of orders in progress made by the Customer.
ARTICLE 10 – Delivery of products
10.1 The delivery of the Products purchased on the Site is made in Metropolitan France and in all the Countries of the European Union,to the delivery address given by the Customer in the order form.
10.2 The Customer, regardless of his nationality, place of residence or domicile, is therefore obliged to insert on the order form a delivery address located in the territory of the State associated with the Country of purchase. Orders containing a delivery address outside the Countries will not be confirmed by the Seller and the Total Amount Due will be refunded, if it has already been paid according to the terms and conditions referred to in Article 5.4 above, if the latter are applicable.
10.3 The delivery costs of the Products are borne by the Seller.
10.4 The delivery time is indicated on the Product Sheet before the Customer places the order and in the order confirmation email.
The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the deadlines specified above. However, these deadlines are provided for information purposes only. If the Products ordered have not been delivered within 30 days after the indicative date of delivery, for any reason other than force majeure or the fact of the Customer, the sale may be resolved at the written request of the Customer under the conditions provided Articles L. 216-2, L. 216-3, L. 241-4 of the Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen days following the date of termination of the contract, to the exclusion of any compensation or deduction.
10.5 Upon shipment, i.e. upon delivery of the Products to the carrier, the Customer will receive a shipping confirmation email containing a link that will allow him to track the progress of the delivery.
10.6 Deliveries will be made by courier companies selected by the Seller; they will in any case take place from Monday to Saturday during office hours, with the exception of public holidays. The Seller reserves the right to use other carriers and/or to use different delivery methods. In this case, the change will be indicated in the product sheet or with another dedicated communication.
10.7 The delivery obligation is fulfilled by the transfer to the Customer of the physical possession or, in any case, control of the Products.
10.8 The Customer must check the condition of the Product delivered to him. The risk of loss or damage to the Products, for reasons not attributable to the Seller, passes to the Customer when thelatter, or a third party designated by the Customer and not being the carrier, materially comes into possession of the Products. The Customer is recommended to check the integrity of the packaging and the number of Products received and is invited, if possible, to indicate any anomalies on the carrier's transport document. In case of presence of deterioration or alterations of the package, it is recommended to the Customer to communicate it immediately to the Customer Service. The regulations on the right of withdrawal and the legal guarantee must be applied in accordance with the law.
10.9 The Customer acknowledges that he is obliged to withdraw the Product subject to the purchase contract.
In case of non-delivery due to the absence of the recipient at the address indicated on the order form, the carrier will leave a notice of passage in the mailbox including a number where to contact him.
The carrier will therefore make a second delivery attempt. After two delivery attempts without result, the package will be stored. The Carrier will therefore send an email to the Customer in order to unblock the order so that the package is delivered to him as quickly as possible.
If necessary, customer service may, by mutual agreement with the Customer, change the delivery address. If this attempt does not obtain any result or if the Customer does not respond to the customer service contact attempt, the Product will be returned to the Seller and, in any case, passed 15 calendar days from the date of the first delivery attempt, or from the date of receipt of theinformation e-mail "Product ready to be withdrawn", the contract will be terminated and the purchase order will therefore be cancelled.
Therefore, the Seller will make, within 1 4 days after the termination of the contract, the refund of the Total Amount Due paid by the Customer, after deduction of the costs of return to and any other costs incurred due to the non-delivery caused by the absence of the recipient.
The termination of the contract and the amount of the refund will be communicated to the Customer by e-mail.
10.10 If, after the purchase of a Product and its receipt by the Customer, the latter wishes to exchange the size - without prejudice to the rights that the Customer may avail himself of in accordance with the law, in particular in accordance with Articles 12 and 18 of these Conditions - the exchange will be possible exclusively within 14 days from the date on which the purchased Product was delivered to the Customer, and provided that: (i) the Product is returned in perfect condition, with all accessories, labels, leaflets and in its original packaging, accompanied by a copy of the invoice and the completed exchange form in its entirety, (ii) the Product requested by the Customer in replacement of the Product purchased is available from the Seller.
ARTICLE 11 – Transfer of ownership, Transfer of risks
The transfer of ownership of the Seller's Products, to the benefit of the Customer, will only be carried out after full payment of the price by the latter, regardless of the date of delivery of said Products.
Regardless of the date of the transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto will only be carried out at the time when the Customer takes physical possession of the Products.
The Seller bears the risks of transport and is obliged to reimburse the Customer in the event of damage caused during transport.
ARTICLE 12 – Right of withdrawal
12.1 In accordance with Article L. 221-18 of the Consumer Code, the Customer, as a consumer, has a period of fourteen (14) calendar days from receipt of the Product to exercise his legal right of withdrawal without having to justify his decision or pay penalties, with the exception of the costs of returning the Product(s).
The withdrawal period ("Withdrawal Period") is considered to havebeen completed after 14 days:
- a) in the event of an order for a single Product, from the day on which the Customer or a third party designated by the Customer and not being the carrier, materially comes into possession of the Products;
- b) in the case of Multiple Order with separate deliveries, from the day on which the Customer or a third party designated by the Customer and not being the carrier, materially comes into possession of the last Product of the order.
In the event that this period expires on a Saturday, Sunday or a public holiday or non-working day, it shall be extended until the first following working day.
12.2 In accordance with Article L. 221-28, 5 ° of the Consumer Code, the right of withdrawal cannot be exercised concerning: the supply of goods that have been unsealed by the consumer after delivery and that cannot be returned for reasons of hygiene or health protection.
In the event of a discrepancy between the returned items and the attached invoice, the Seller will not make any refund.
12.3 The Customer who wishes to exercise his right of withdrawal must inform the Seller of his decision within fourteen (14) calendar days following the delivery of the Order.
For this purpose, the Customer may access the appropriate section of the Site by entering the order number and following the instructions contained therein ("Online Return").
The Seller will acknowledge receipt of the Customer's withdrawal electronically.
The Customer may also exercise his right of withdrawal by sending any other unambiguous statement, expressing his desire to withdraw, in particular by post or by e-mail according to the contacts communicated in Article 19 of these GTC.
Following the exercise of the right of withdrawal, the Customer must return the Products, as far as possible, in their original packaging as soon as possible and in any case no later than fourteen (14) calendar days following the sending of any document expressing his withdrawal.
12.4 The Product will be considered asreturned when it is delivered, within the aforementioned period, to the courier indicated by the Seller ("Return Conditions"). For online Return returns, the Customer must follow the procedure indicated in Article 12.4 below, as well as the instructions made available to him both on the Site, before the conclusion of the contract, and attached to the order confirmation e-mail ("Standard Instructions for Termination").
- 5 In the event of An Online Return, within the framework of the Conditions of Return:
(i) if the Customer provides to return the Product from the country where the Product was delivered to him, as resulting from the email receiving the Order, he must return it, properly protected and packaged, by courier made available by the Seller, by affixing the label he has printed ("Courier Label") on the package containing the Product to be returned. The Customer may contact the courier, whose contact details will be indicated on the website and in the return confirmation email, to agree on the date and place of collection of the package.
In this case, the Customer will not pay the costs of returning the Product, which will be borne by the Seller, and he will not bear the risk of loss or damage to the Product during shipment ("Prepaid Return");
(ii) the Customer, who wishes to return the Product from a country other than the one (indicated in the Order Receipt email) in which the delivery took place, must contact Customer Service, using the contact details indicated in Article 15 below, which will provide him with all the useful information.
- 6 If the Customer withdraws from the contract, the Seller will refund the Total Amount Due paid by the Customer for the Product, including delivery costs, within 14 calendar days from the day on which it was informed of the Customer's decision to terminate the contract, and in any case, only after receipt of the returned Product and verification of its integrity.
The amount of the refund will be communicated by e-mail; the refund will be made with the same means of payment used by the Customer during the initial transaction, unless the Customer has expressly agreed otherwise; in any case, the Customer shall not bear any costs deriving from this refund. The value date of the credit will be the same as the value date of the credit itself.
- 7 The Customer is only responsible for the decrease in the value of the goods caused by improper handling of the Product not limited to the verification of the nature of the Product, its characteristics and its proper functioning. The Product must in any case be kept, handled and inspected with the utmost care. In addition, it must be returned intact and in all parts, with all its accessories and documentation, the identification labels, if present, must remain attached to the Product and must be intact and not damaged. The Product must also conform to its original use and must not show signs of wear or dirt. The withdrawal applies to the Product in its entirety and can therefore not be exercised for elements and / or accessories forming part of the Product.
- 8 If the return has not been exercised in accordance with the applicable regulations, this will not imply the withdrawal from the contract and therefore will not entail any right of refund. The Seller will communicate it within 5 working days from the date of receipt of the Product, refusing the request for withdrawal. The Product, in the event that it has reached theSeller, will remain at the disposal of the Latter pending a withdrawal atthe expense and under the responsibility of the same User.
12.9 If, after consultation of the legal provisions, the right of withdrawal does not apply, this exclusion will be expressly communicated on the Product Sheet and, in any case, during the purchase and before the Customer proceeds to the transmission of the order. In any case, the right of return does not apply for Custom Made products.
Article 13 – Liability of the Seller, Guarantees
13.1 The Products sold on the Site comply with regulations in the European Union and have performance compatible with non-professional uses.
The Products supplied by the Seller benefit automatically and without additional payment, regardless of the right of withdrawal, in accordance with the legal provisions:
- the legal guarantee of conformity, for Products apparently defective, damaged or damaged or not corresponding to the order,
- the legal guarantee against hidden defects resulting from a defect in material, design or manufacture affecting the delivered products and making them unfit for use,
under the conditions and according to the terms and conditions referred to in the box below and defined in the appendix to these General Terms and Conditions of Sale (Guarantee of Conformity / Guarantee of Hidden Defects).
- It is recalled that as part of the legal guarantee of conformity, the Customer:
- has a period of two years from the delivery of the goods to act against the Seller;
- may choose between repairing or replacing the Product ordered, subject to the cost conditions provided for in Article L. 217-9 of the French Consumer Code;
- is exempted from providing proof of the existence of the lack of conformity of the Product during the twenty-four months following the delivery of the Product.
13.3 The Customer may decide to implement the guarantee against hidden defects of the Product in accordance with Article 1641 of the Civil Code; in this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code.
The Seller cannot be held liable in the following cases:
- non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to verify;
- in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, such as in the event of normal wear and tear of the Product, accident or force majeure.
The Seller's warranty is, in any case, limited to the replacement or refund of non-compliant or defective Products.
ARTICLE 14 – Intellectual property
The content of the Website is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property. Any total or partial reproduction of this content is strictly prohibited and is likely to constitute an infringement offence.
ARTICLE 15 – Unforeseeability
In the event of a change in unforeseeable circumstances at the time of the conclusion of the contract, in accordance with the provisions of Article 1195 of the Civil Code, the Party that has not agreed to assume an excessively onerous risk of performance may request a renegotiation of the contract from its counterparty.
ARTICLE 16 – Force majeure
The Parties may not be held liable if the non-performance or delay in theperformance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of Article 1218 of the Civil Code.
ARTICLE 17 – Protection of personal data
In application of Law 78-17 of 6 January 1978 amended by Law No. 2018-493 of 20 June 2018, it is recalled that the personal data requested from the Customer are necessary for the processing of his order and the establishment of invoices, in particular.
This data may be communicated to any partners of the Seller responsible for the execution, processing, management and payment of orders.
The processing of the information communicated through the Site meets the legal requirements for the protection of personal data, the information system used ensuring optimal protection of this data.
The Customer has, in accordance with the national and European regulations in force, a right of permanent access, modification, rectification, opposition of portability and limitation of processing with regard to information concerning him.
This right may be exercised under the conditions and in the manner defined in the Site.
ARTICLE 18 – Provisions applicables,Language, Amicable settlement of disputes
18.1 The purchase contracts made by the Customer on the Site are governed by these general conditions of sale, subject to the mandatory and more favorable rules of the country of residence / domicile of the consumer.
18.2 These GTC are written in French. In the event that they are translated into one or more languages, only the French text shall prevail in the event of a dispute.
18.3 In the event of difficulty arising during the order or delivery of the products, the Customer has the possibility:
- to address a complaint, in the event that he considers that his rights have been infringed, to Issey Miyake's Customer Service in accordance with the procedures provided for in Article 19 of these GTC;
- resort to conventional mediation, in particular with the Consumer Mediation Commission (art. L. 612-1 Consumer Code) or with existing sectoral mediation bodies, or any alternative method of dispute resolution (conciliation, for example) in the event of a dispute.
- request the resolution of his dispute on the platform dedicated to the online resolution of consumer disputes (ODR) set up by the European Commission accessible via the following email address: http://ec.europa.eu/consumers/odr/ pursuant to European Regulation No. 524/2013.
18.4 In the absence of an amicable agreement, any dispute relating to the application, execution and interpretation of these General Terms and Conditions of Sale, will be submitted to the competent courts under the conditions of common law (place where the Customer resides or place where he has taken up residence, place of actual delivery of the Productor, according to the choice of the consumer, place of the registered office of the company).
Recourse to mediation is an alternative mechanism that is not a prerequisite for legal action.
ARTICLE 19 – Customer Service and Complaints
It is possible to request information, send communications, ask for help or send a complaint by contacting the Seller's Customer Service ("Customer Service») in the manner illustrated below:
- by e-mail: email@example.com or by completing and sending the contact request form, available in the "Contact Us" section on the Site;
- by telephone : +1 87 44 58 71, Monday to Friday, from 9:00 to 18:00 CET, excluding public holidays;
- by Chat, which can be activated by clicking on the icon provided for this purpose.
ANNEX 1 – Provisions relating to legal guarantees
Article L. 217-4 of the Consumer Code
The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when it has been charged to him by the contract or has been carried out under his responsibility.
Article L. 217-5 of the Consumer Code
The property is in conformity with the contract:
(1) If it is fit for the use usually expected of similar property and, where applicable,
- if it corresponds to the description given by the seller and has the qualities that the latter has presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling;
2 Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and that the latter has accepted.
Article L. 217-12 of the Consumer Code
The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Article L. 217-16 of the Consumer Code
When the buyer requests from the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of movable property, a restoration covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the warranty that remained to run. That period shall run from the date of the buyer's request for intervention or from the making available for repair of the goods in question, if such making available is subsequent to the request for intervention.
Article 1641 of the Civil Code
The seller is bound by the guarantee in respect of hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use, that the buyer would not have acquired it, or would have given only a lower price, if he had known about them.
Article 1648 paragraph 1 of the Civil Code
The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.