TERMS OF SERVICE
KINASE-BOUTIQUE.COM is a merchant site published and operated by the company AUTHENTIC JAPAN :
- Single-member simplified joint stock company with share capital of 100,000 euros, registered with the Paris RCS under number 839 581 303;
- Having its head office located at 28, rue du Dragon – 75006 Paris;
- Intracommunity VAT number FR 17839581303;
- RCP: 839 581 303 000 14;
- Telephone number: 01 43 20 70 92 – Contact: contact@kinase-boutique.com;
Publication director: Mr. Samuel Bitho
- Hosting: OVH SAS: 2 rue Kellermann – BP 80157 59053 ROUBAIX CEDEX 1;
(hereinafter “AUTHENTIC JAPAN”), accessible via the Internet network from the url www.kinase-boutique.com whose aim is to allow Internet users visiting it (hereinafter the “User”) not only to discover the Japanese province of Niigata but also to buy products from this region and other provinces of Japan (sake, rice, grocery products, tableware products, etc.) imported from Japan (hereinafter the “Site”).
The purpose of these General Conditions of Use (hereinafter the “CGU”) is to define the terms and conditions which apply to any person (hereinafter the “User”) wishing to access the Site and use the services. which are offered there (hereinafter the “Services”).
Any access and/or use of the Site implies acceptance and unconditional compliance with all the terms of these T&Cs.
In the event that the User does not wish to accept all or part of these T&Cs, he or she is asked to immediately renounce any use of the Site.
The User declares to have the capacity to accept the T&Cs, that is to say to have the legal majority and not to be under guardianship or curatorship.
AUTHENTIC JAPAN reserves the right to modify, at any time, the content of these T&Cs. Such modifications result in the publication of a new version which will automatically apply to the Services provided subsequently.
1. ACCESS TO THE SITE
The Site is accessible free of charge to any Internet user with Internet access.
However, the costs relating to access to the Site, whether hardware, software or internet access costs, are exclusively the responsibility of the User.
The User is solely responsible for the proper functioning of his computer equipment as well as his access to the internet.
Certain sections of the Site, such as the “My Account” section, are only accessible after identification of the User using a username and password.
When the User completes the registration form in order to access it, he undertakes to correctly complete said form, and in particular to only communicate accurate, up-to-date and complete information.
The User acknowledges having full responsibility for maintaining the confidential nature of their access codes. Thus, in the event of fraudulent use of said passwords, the User undertakes to immediately inform AUTHENTIC JAPAN of the unauthorized use of his account.
The User is solely responsible for the use of his account; any connection or data transmission made using the Site will be deemed to have been made by it and under its responsibility as well as, where applicable, under the responsibility of the User. It is also specified that the User is entirely and exclusively responsible for the use of the Site from his user account by himself and by any third party whatsoever. In the event of loss or theft of one of the identifiers, the User will use the procedure set up and communicated by AUTHENTIC JAPAN for this purpose allowing them to recover these identifiers.
AUTHENTIC JAPAN cannot be held responsible if the data relating to a User's registration does not reach them for any reason which is not attributable to them (for example, an Internet connection problem due to any reason at the 'User, a momentary failure of his servers, etc.) or arrives unreadable or impossible to process, (for example if the User has inadequate computer hardware or software environment for his registration).
Access to the Site is made from the User's computers and/or mobile terminals.
With the exception of maintenance periods, the User may connect to the Site at any time, namely:
- Round the clock,
- 7 days on 7,
– including Sundays and public holidays.
AUTHENTIC JAPAN reserves the right to refuse access to the Site, unilaterally and without prior notification, to any User who does not comply with these T&Cs.
AUTHENTIC JAPAN implements all reasonable means at its disposal to ensure quality access to the Site, but is under no obligation to achieve this. AUTHENTIC JAPAN is not able to guarantee the continuity of services performed remotely via the Internet, telecommunications networks or mobile Internet, which the User acknowledges.
AUTHENTIC JAPAN cannot, moreover, be held responsible for any malfunction of the network or servers or any other event beyond reasonable control, which prevents or degrades access to the Site.
AUTHENTIC JAPAN nevertheless undertakes to make its best efforts to provide reasonable assurance that the User can access and use the Site at the times determined herein.
AUTHENTIC JAPAN reserves the right to interrupt, temporarily suspend or modify without notice access to all or part of the Site, in order to ensure its maintenance, or for any other reason, without the interruption opening entitled to any obligation or compensation.
2. USE OF THE SITE
AUTHENTIC JAPAN grants the User a personal, non-exclusive, non-assignable and non-transferable right to use the Site and the Services accessible on the Site via the Internet network, for the entire duration of the Contract and for the entire world.
The User may only use the Site for its intended purpose.
This license is granted for the sole and exclusive purpose of allowing the User to use the Services in the context of their personal and private activity, to the exclusion of any other purpose.
The User may under no circumstances make the Site available to a third party, and is strictly prohibited from any other use, in particular and without this list being exhaustive, any adaptation, modification, translation, arrangement, distribution, decompilation without the express, written and prior consent of AUTHENTIC JAPAN.
The User is also prohibited, without obtaining prior written authorization from AUTHENTIC JAPAN, and without this list being exhaustive:
• to use the Site for promotional purposes and generally to offer products and services that remunerate it directly or indirectly;
• to create archive files from the content appearing on the Site;
• to reproduce, represent, use, reference (notably in the meta words of search engines), all or part of the content, brands, logos, distinctive signs appearing on the Site.
3. NEWSLETTER
Users can subscribe to the AUTHENTIC JAPAN newsletter in order to receive information on AUTHENTIC JAPAN news and events (new products, events, etc.).
To do this, they must click on the button provided for this purpose.
If Users subsequently wish to waive this, they simply need to send a letter to the following address: 28, rue du Dragon – 75006 Paris
4. PARTNER SERVICES
AUTHENTIC JAPAN may offer links to other websites managed by partner sites (hereinafter the “Partner Services”).
In particular to the extent that AUTHENTIC JAPAN cannot control the Partner Services, AUTHENTIC JAPAN makes no commitment as to the provision of these external sites and sources, and will bear no responsibility for the content, advertising, products, services or any other material. available on or from these sites or external sources.
Likewise, AUTHENTIC JAPAN cannot be held responsible for any proven or alleged damage or loss, consequential or in connection with the use, content or services available on these Partner Services or external sources.
5. INTELLECTUAL PROPERTY
AUTHENTIC JAPAN is and remains the exclusive owner of the intellectual property rights on the Site and its content. The only rights granted to the User are those defined in article 2 above.
The Site and its content (in particular the data, databases, software, photographs, information, illustrations, logos, brands, etc.) which appear or are available on the Site are protected under copyright, copyright law, trademarks, patent law, the right of database producers or any other right recognized by current legislation.
Any copy, reproduction, representation, adaptation, alteration, modification, unauthorized distribution, in whole or in part, of the Services and/or the content of the Site, belonging to AUTHENTIC JAPAN, to a third party or to another User, is illicit and may result in liability the criminal and civil liability of the User and/or the offending User.
The User must not in any way sell, resell or exploit in any manner and for any purpose whatsoever all or part of the contents appearing on the Site other than those belonging to him.
The temporary provision of the Site under the conditions provided for herein cannot be analyzed as the transfer of any intellectual property right for the benefit of the User, within the meaning of the intellectual property code.
If suggestions, concepts or developments proposed by the User are implemented by AUTHENTIC JAPAN in its Services, the User hereby acknowledges and accepts that AUTHENTIC JAPAN is the owner of all rights, titles or interests that may result therefrom.
6. WARRANTIES AND LIABILITY OF AUTHENTIC JAPAN
Access to the Site is provided on an “as is” basis and is accessible based on availability.
The User acknowledges being fully informed of the particular risks linked to the specificities of the Internet, networks and in particular the fact that information relating to personal data concerning him may be captured and/or transferred, in particular in countries which do not provide security. adequate level of protection of personal data and accept them.
AUTHENTIC JAPAN cannot be held responsible for any damage resulting from the transmission of any information, including that of its username and/or password via the Site.
AUTHENTIC JAPAN provides no express or implicit guarantee, including and without this list being exhaustive the guarantees relating to the quality and compatibility of the Site for a specific use, and to the non-violation of the rules of use of the Site by the 'User.
AUTHENTIC JAPAN does not guarantee the relevance and accuracy of information published on the Site by third parties.
AUTHENTIC JAPAN disclaims all responsibility for any disputes, actions or appeals by third parties who may assert rights, particularly private rights, on any content not created by AUTHENTIC JAPAN.
AUTHENTIC JAPAN offers no guarantee that the uninterrupted operation and/or continuity of the Site can be ensured in the event of force majeure or fortuitous events as defined by the regulations in force.
Exceptional bad weather, natural disasters, fires and floods, lightning, attacks, cases of disruption, unavailability and blocking of telecommunications networks, damage caused by viruses for which the security means existing on the market do not allow their eradication, as well as any legal or regulatory or public order obligation imposed by the competent authorities and which would have the effect of substantially modifying these T&Cs or any other event of force majeure or fortuitous event within the meaning of the case law of the Court of Cassation.
7. RESPONSIBILITY OF THE CUSTOMER AND/OR USER
In the event of breaches of these T&Cs, AUTHENTIC JAPAN reserves the right to unsubscribe the offending User from the Site, by deleting their account, temporarily or permanently, notwithstanding any legal action that AUTHENTIC JAPAN may take against them.
8. DURATION OF REGISTRATION
Any registration is made for an indefinite period, the customer and user accounts remaining active until they are closed under the conditions of article 9 below.
9. TERMINATION – CLOSURE OF ACCOUNTS
9.1. TERMINATION – CLOSURE AT USER’S INITIATIVE
The User may terminate/close his account with or without cause, at any time, by sending an email notification to AUTHENTIC JAPAN at support@kinase-boutique.com.
This notification will be effective upon receipt and will result in the closure of the User's account.
9.2. TERMINATION AT THE INITIATIVE OF AUTHENTIC JAPAN
Without prejudice to any damages that AUTHENTIC JAPAN may seek, AUTHENTIC JAPAN reserves the right to suspend a User's access to the Site and/or automatically terminate, without notice or compensation, their account for any breach of obligations. contractual and in particular in the event of:
– non-compliance by the User with these T&Cs,
– provision of false information during registration;
– inactive account (no orders) for a period of 15 consecutive months;
– actions contrary to the commercial interests of AUTHENTIC JAPAN.
10. WEB BEACONS
Certain web pages of the Site may contain web beacons which make it possible to count the number of visitors to the site www.kinase-boutique.com and/or to provide AUTHENTIC JAPAN with a certain number of indicators.
These web beacons may be used with some of AUTHENTIC JAPAN's partners, in particular to measure and improve the effectiveness of the Site.
In any case, the information obtained via these tags is strictly anonymous and simply makes it possible to gather statistics on the use of certain pages of the Site.
11. HYPERTEXT LINKS
Any hypertext link to secondary pages of the site www.kinase-boutique.com is strictly prohibited, unless expressly authorized by AUTHENTIC JAPAN.
In addition, any link must be removed upon simple request from AUTHENTIC JAPAN.
12. MODIFICATION OF THE T&Cs
AUTHENTIC JAPAN reserves the right to freely modify the T&Cs.
Consequently, the User and/or User is invited to refer to them during each visit in order to be aware of their latest version permanently available online on the Site.
The User and/or User is then free not to access the Site if the new conditions do not suit them.
If the User and/or User does not wish contractual relations to be governed by the new version of the T&Cs, he/she must notify AUTHENTIC JAPAN and, from the date from which the new version takes effect, stop using the Site.
Any modification will take effect immediately and will only apply to Users using the Site after said modification.
13. APPLICABLE LAW AND COMPETENT JURISDICTION
In the event of a dispute or complaint, the User must contact AUTHENTIC JAPAN customer service in order to seek and find an amicable solution either directly online from the “Contact Us” section or by mail to the following address: 28, rue du Dragon – 75006 Paris
In accordance with the provisions of the Consumer Code concerning “the mediation process for consumer disputes”, the User has the right to use the mediation service offered by AUTHENTIC JAPAN free of charge. The consumer law mediator thus proposed is MEDICYS.
This mediation system can be contacted by:
– electronically: www.medicys.fr; Or
– mail: MEDICYS – Mediation and amicable settlement center for bailiffs – 73, Boulevard de Clichy, 75009 – Paris.
In accordance with article L 612-2 of the Consumer Code, one of the prerequisites for the examination of the dispute by MEDICYS is the following: the consumer must justify having previously attempted to resolve their dispute directly with the Customer Service of AUTHENTIC JAPAN, by a complaint sent by mail or email according to the terms defined above.
In addition, the European Commission has set up a dispute resolution platform intended to collect possible complaints from consumers following an online purchase in order to then transmit them to the competent national mediators. This platform is accessible here: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR
14. ACCEPTANCE
These T&Cs form an integral part of the agreement binding the Parties.
The User acknowledges that he has read these T&Cs and that he has fully understood their content and that he accepts their terms and conditions.