General Terms and Conditions of Use Kinase-boutique.com (version in force as September 1st, 2018)
KINASE-BOUTIQUE.COM is a commercial site published and operated by AUTHENTIC JAPAN :
- A single-person simplified joint stock company with a share capital of 100,000 euros, registered in the Paris Trade and Companies Register under number 839 581 303;
- Having its registered office at 28, rue du Dragon - 75006 Paris;
- Intracommunity VAT No. FR 17839581303;
- RCP: 839 581 303 000 14;
- Telephone number: 01 43 20 20 70 92 - Contact: firstname.lastname@example.org
- Director of publication: Mr Gilles Oriol;
- Accommodation: OVH SAS: 2 rue Kellermann - BP 80157 59053 ROUBAIX CEDEX 1
(hereinafter "AUTHENTIC JAPAN"), accessible via the Internet from the url www.kinase-boutique.com whose purpose is to allow Internet users visiting it (hereinafter the "User") not only to discover the Japanese province of Niigata but also to purchase products from this region and other provinces of Japan (sake, rice, grocery products, tableware, etc...) imported from Japan (hereinafter the "Site").
The purpose of these General Terms and Conditions of Use (hereinafter referred to as the "T&Cs") is to define the terms and conditions applicable to any person (hereinafter referred to as the "User") wishing to access the Site and use the services offered therein (hereinafter referred to as the "Services").
Any access and/or use of the Site implies the unconditional acceptance of and 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 is asked to immediately renounce any use of the Site.
The User declares that he/she has the capacity to accept the GCU, i.e. to have reached the legal age of majority and not to be under guardianship or trusteeship.
AUTHENTIC JAPAN reserves the right to modify the content of these T&Cs at any time. Such modifications result in the publication of a new version that 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 related to access to the Site, whether hardware, software or Internet access costs, are the sole responsibility of the User.
The User is solely responsible for the proper functioning of his computer equipment and his access to the Internet.
Some sections of the Site, such as the "My Account" section, are only accessible after identifying the User with a username and password.
When the User fills in the registration form in order to access it, he undertakes to correctly complete the said form, and in particular to provide only accurate, up-to-date and complete information.
The User acknowledges that he/she is fully responsible for maintaining the confidentiality of his/her 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 transmission of data made using the Site shall be deemed to have been made by him and under his responsibility as well as, where applicable, under the responsibility of the User. It is also specified that the User is fully 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 shall use the procedure set up and communicated by AUTHENTIC JAPAN for this purpose allowing him to recover these identifiers.
AUTHENTIC JAPAN cannot be held responsible if the data relating to a User's registration is not received for any reason for which it is not responsible (for example, an Internet connection problem due to any reason whatsoever at the User's premises, a temporary failure of its servers, etc.) or if it arrives illegible or impossible to process (for example, if the User has computer equipment or a software environment that is inadequate for registration).
Access to the Site is provided 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:
- 24 hours a day,
- 7 days a week,
- including Sundays and public holidays.
AUTHENTIC JAPAN reserves the right to refuse access to the Site, unilaterally and without prior notice, to any User who does not comply with these TOU.
AUTHENTIC JAPAN uses all reasonable means at its disposal to ensure quality access to the Site, but is under no obligation to do so. 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, in addition, be held responsible for any malfunction of the network or servers or any other event beyond its reasonable control, which would prevent or degrade access to the Site.
AUTHENTIC JAPAN nevertheless undertakes to make its best efforts to provide reasonable assurance that the User may access and use the Site at the times specified 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 giving rise to any obligation or compensation.
2. Use of the Site
AUTHENTIC JAPAN grants the User a personal, non-exclusive, non-transferable and non-transferable right to use the Site and the Services accessible on the Site through the Internet network, throughout the term of the Agreement and worldwide.
The User may only use the Site in accordance with its intended purpose.
This license is granted solely for the purpose of allowing the User to use the Services for their personal and private activities, to the exclusion of any other purpose.
The User may under no circumstances make the Site available to a third party, and strictly refrains 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 also refrains from doing so, without obtaining prior written authorization from AUTHENTIC JAPAN, and without this list being exhaustive:
- to use the Site for promotional purposes and in general to offer products and services that remunerate it directly or indirectly;
- to create archive files from the content on the Site;
- to reproduce, represent, use, reference (in particular in the meta words of search engines), all or part of the content, trademarks, logos, distinctive signs appearing on the Site.
3. Information letter
Users can subscribe to AUTHENTIC JAPAN's newsletter to receive information about AUTHENTIC JAPAN's news and events (new products, events, etc.).
To do this, they must click on the button provided for this purpose.
If Users later wish to waive this right, they need only send a letter to the following address: 28, rue du Dragon - 75006 Paris
4. Partner Services
AUTHENTIC JAPAN may provide links to other websites operated by partner sites (hereinafter referred to as "Partner Services").
In particular, insofar as AUTHENTIC JAPAN cannot control the Partner Services, AUTHENTIC JAPAN makes no commitment to make these external sites and sources available, and shall bear no responsibility for the content, advertising, products, services or any other material available on or from these external sites or sources.
Similarly, AUTHENTIC JAPAN shall not be liable for any proven or alleged damage or loss, resulting from or in connection with the use of the 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 to 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, trademarks, etc.) that appear or are available on the Site are protected by copyright, trademark law, patent law, the rights of database producers or any other right recognized by the legislation in force.
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 illegal and may engage 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 way and for any purpose whatsoever all or part of the content appearing on the Site other than that belonging to him.
The temporary provision of the Site under the conditions provided for herein shall not be considered as the transfer of any intellectual property right to the User, within the meaning of the intellectual property code.
If any suggestions, concepts or developments proposed by the User are implemented by AUTHENTIC JAPAN in its Services, the User hereby acknowledges and agrees that AUTHENTIC JAPAN is the owner of all rights, titles or interests that may result therefrom.
6. AUTHENTIC JAPAN's Warranties and Liability
Access to the Site is provided on the basis of an "as is" service and accessible according to its availability.
The User acknowledges that he/she is fully aware of the particular risks associated with the specific features of the Internet and networks and in particular of the fact that information relating to personal data concerning him/her may be collected and/or transferred, in particular in countries that do not ensure an adequate level of protection of personal data and accepts them.
AUTHENTIC JAPAN shall not be liable for any damages resulting from the transmission of any information, including that of its user ID and/or password via the Site.
AUTHENTIC JAPAN makes no express or implied warranties, including, but not limited to, warranties of quality and fitness for a particular purpose, and non-infringement of the User's use of the Site.
AUTHENTIC JAPAN does not guarantee the relevance and accuracy of the information published on the Site by third parties.
AUTHENTIC JAPAN disclaims all liability for any disputes, actions or appeals by third parties who may rely on rights, in particular 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 may be ensured in the event of force majeure or fortuitous events as defined by the regulations in force.
Are considered as force majeure exceptional bad weather, natural disasters, fires and floods, lightning, attacks, cases of rupture, 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 obligation or public policy imposed by the competent authorities and which would have the effect of substantially modifying these GCU or any other event of force majeure or fortuitous occurrence 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 his account, temporarily or permanently, notwithstanding any legal action that AUTHENTIC JAPAN may take against him.
8. Duration of the registration
All registrations are made for an indefinite period, with 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 the 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 email@example.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 request, AUTHENTIC JAPAN reserves the right to suspend a User's access to the Site and/or automatically terminate, without notice or compensation, his account for any breach of contractual obligations and in particular in the event of:
- non-compliance by the User with these T&Cs,
- providing false information when registering;
- account inactive (no orders) for a period of 15 consecutive months;
- acts contrary to the commercial interests of AUTHENTIC JAPAN.
10. Web beacons
Some web pages of the Site may contain web beacons that count the number of visitors to the www.kinase-boutique.com site and/or provide AUTHENTIC JAPAN with a 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 collect statistics on the use of certain pages of the Site.
11. Hypertext links
Any hypertext link to secondary pages of the www.kinase-boutique.com site is strictly prohibited, unless expressly authorized by AUTHENTIC JAPAN.
In addition, any link must be removed upon request by AUTHENTIC JAPAN.
12. Modification of the T&Cs
AUTHENTIC JAPAN reserves the right to freely modify the T&Cs.
Consequently, the User and/or the User is invited to refer to it during each visit in order to consult their latest version permanently available online on the Site.
The User and/or the User is then free not to access the Site if the new conditions do not suit him.
If the User and/or the User does not wish the contractual relationship to be governed by the new version of the T&Cs, he/she shall notify AUTHENTIC JAPAN and, as of the date on which the new version takes effect, shall cease to use the Site.
Any modification will take effect immediately and will only apply to Users using the Site after such modification.
13. Applicable law and competent jurisdiction
In the event of a dispute or claim, the User must contact AUTHENTIC JAPAN customer service to seek and find an amicable solution either directly online from the "Contact Us" section or by mail at the following address: 28, rue du Dragon - 75006 Paris
In accordance with the provisions of the Consumer Code concerning "the mediation process of consumer disputes", the User has the right to use the mediation service offered by AUTHENTIC JAPAN free of charge. The mediator in consumer law thus proposed is MEDICYS.
This mediation mechanism can be joined by:
- electronically: www.medicys.fr; or
- mail: MEDICYS- Centre de médiation et règlement amiable des huissiers de justice- 73, Boulevard de Clichy, 75009 - Paris.
In accordance with Article L 612-2 of the Consumer Code, one of the preconditions for MEDICYS to examine the dispute is the following: the consumer must justify having tried to resolve his dispute directly with AUTHENTIC JAPAN's Customer Service beforehand, by a complaint submitted by mail or e-mail in accordance with the terms defined above.
In addition, the European Commission has set up a dispute resolution platform to collect possible consumer complaints following an online purchase and forward them to the relevant national ombudsmen. This platform is accessible here:
These T&Cs form an integral part of the agreement between the Parties.
The User acknowledges that he or she has read these T&Cs and has fully understood their content and accepts their terms and conditions.