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Sales Terms & Conditions


• Identification
Company name   Masamune
Brands   Masamune
Legal status and capital   SARL au capital de 8.000€
Manager last name   LE FOURNIS
Manager first name   Yannick
Head office   11 rue Henri Regnault
Zip code   75014
City   Paris
Country   France
Phone   09 62 24 29 31
E-mail   contact@masamune-store.com
Web site   www.masamune-store.com
Opening hours   Du lundi au Vendredi de 11h à 19h et le samedi de 12h à 19h
Intracommunity VAT   FR47500137088
Siret   50013708800026
APE/NAF code   4778C
Num CNIL   1256741
Hébergeur du site   Doyousoft
17 Place Pierre Sémard
34500 Béziers
0467364153
Directeur de publication   LE FOURNIS Yannick


Update 02/06/17

Article 1. Fields of Application and Modification of the Terms of Sales

These Terms and Conditions (the "Terms") are concluded between MASAMUNE and any non-commercial, physical or legal person does not have the same field of activity MASAMUNE ( "the Customer") who wishes to purchase  on the website www.masamune-store.com  ( "the website").

All orders placed through the website are subject to these conditions without any restrictions.
The latter represent the full reciprocal commitments between MASAMUNE and the Internet user who becomes a customer of the company.

MASAMUNE reserves its rights to adapt or modify at any time the present Terms which will then apply as soon as they are published on line.
In case of modification, applicable terms will be the ones operative at the date and time of the order

Article 2. Access to Website and Customer Service

The customer is personally responsible for setting up the IT and telecommunications facilities allowing access to the internet website and customer service. The customer shall bear the costs of telecommunication when accessing the internet and using the website.

Article 3. Customer service

For information or questions, our customer service is available Monday to Friday from 11am to 7pm (UTC+1) and Saturday from 12am to 7pm (UTC+1)
Email: contact@masamune-store.com
Address: 11 Rue Henri Régnault 75014 Paris France
Phone: +33 9 62 24 29 31 (available during opening hours UTC+1)

Article 4. Products

The products subject to these Terms are those listed on the Website at the time of purchase and which are indicated as sold and shipped by MASAMUNE (the "Products"). They are offered within the limit of available stocks.
The essential characteristics of the Products are described and presented with the greatest possible accuracy.

Article 5. Prices

The prices of the Products are indicated in Euros all taxes included. They take account of the French VAT and any reductions applicable on the day the order is placed by the customer.
The prices of the Products are exclusive of delivery costs (carriage, packaging and making of the package according to the applicable amounts). The amount of the delivery costs will be specified before validation of the order.

If one or more taxes or contributions, in particular environmental taxes, were to be created or modified, either up or down, this change may be passed on to the selling price of the Products present on the Website and on the various sales media.

Concerning books prices, there are established in strict compliance with the Lang French Law n°81-766 of August 10th, 1981. Within this framework, MASAMUNE will be able to offer its customers the most attractive price tolerated by the Law, or a discount of up to 5% of the price of the book. This discount is indicated systematically on the product sheet. The VAT applied on printed books is 5% in application of Article 278-0 bis A 3 °) of the French General Tax Code.

In the case of an order to a country other than metropolitan France, the customer is the importer of the product (s) concerned and must therefore ensure that the importation of the ordered product is carried out in accordance with its local legislation.

For all products shipped to DOM TOM (Overseas departments, overseas territories) and outside the European Union, the price will automatically be calculated without taxes on the invoice. Customs duties or other local taxes or import duties or state taxes may be chargeable. These rights and sums are not the responsibility of MASAMUNE. They will be borne by the customer. The customer must inquire himself about these aspects with his local authorities, before any order from MASAMUNE or on his website is made.

In the event of refusal of goods, customs fees shall remain the sole responsibility of the customer for all possible reasons. The only major exception concerns a potential error of preparation attributable to MASAMUNE. In this case, MASAMUNE agrees to pay the Customs charges on the second expedition. All orders, whatever their origins, are payable in Euros.

MASAMUNE reserves its right to modify prices at any time. However, the products will be invoiced on the basis of the rates effective at the time of the registration of the orders. However, in the event of a price error (price obviously derisory compared to the actual value of the Product), the validated order can be canceled by MASAMUNE. This measure remains exceptional.

Article 6. Orders

The order is organized in several steps which can be summarized as follows:
  • The customer adds one or more products to his / her basket;
  • The client creates an account on the website to fill his status inquiry (individual, non-profit association, company), as well as his contact details;
  • The customer is then invited to choose a delivery method, the prices, terms and conditions of which are set automatically by the website according to the products present in the basket and the desired shipping address;
  • The customer makes his payment, either online (via Banque Populaire or Paypal) or offline by sending a check or a bank transfer;
  • The customer receives an e-mail confirmation of his order, then confirmation of his payment.
a. Preliminary identification
To place an order, you must identify yourself with your email address or customer number, and your password. For any first order, you will need to create an account.

b. Order Registration and Validation

You have the option to place your order online. Once your basket has been validated, you will have to choose the address and method of delivery, and validate your payment method, this last step formalizing the sales contract with MASAMUNE.

All orders shall constitute acceptance of the prices and descriptions of the products available for sale.
MASAMUNE will acknowledge receipt of your order as soon as it is validated by sending you an email in which you will find in particular a link to these Terms and Conditions.

This email constitutes a contract concluded in the electronic form between the Client, identified by his account and his IP number, and MASAMUNE. This contract meets the requirements of article 1366 of the French Civil Code upon the numeric signature.

The buyer declares to have taken note and accepted the present General Conditions of Sale before the placing of his order. The validation of his order therefore constitutes acceptance of these General Conditions of Sale. From the moment the buyer has registered his order by clicking on the "Confirm your order", it is deemed to have accepted knowingly and unreservedly these Terms and Conditions, prices, volumes and quantities of products offered for sale and ordered. In the absence of proof to the contrary, the data recorded by MASAMUNE constitute proof of all the transactions carried out by MASAMUNE and its customers.

In some cases, such as failure to pay, an incorrect address or any other issue related to your account, MASAMUNE reserves its right to block your order until the problem is solved.

In case of unavailability of an ordered Product, you will be informed by email. The cancellation of the order of this Product and its possible reimbursement will then be carried out, the rest of the order remaining firm and definitive.

For questions concerning the status of an order, you can send an email to Customer Service to contact@masamune-store.com, or call +33 9 62 24 29 31 Monday to Friday from 11am to 7pm and Saturday from 12am to 7pm (UTC+1).

The Customer is advised to keep the transaction information on a paper or computer document.

Article 7. Payment terms

You can set your order using one of the following modes:
  • via credit card :
Payment is made on the secure banking servers of our partner bank (Banque Populaire). This implies that no banking information concerning you is transmitted via the MASAMUNE website. Payment by credit card is therefore protected by the security system of our partner bank; your order will be recorded and validated upon acceptance of the payment by the bank you have chosen.
Security
Your credit card details are encrypted using the SSL (Secure Socket Layer) protocol and never pass through the network in clear text. All the jamming and encryption processes have also been reinforced to protect most sensitive data related to the means of payment as efficiently as possible. Payment is made directly to the bank. MASAMUNE has no access to these details, and does not keep them on its servers. That's why they are asked again for each new transaction on our site.
  • via Bank Check:
Payment is made by post to the order of MASAMUNE and to the following address:
Masamune, 11 Rue Henri Régnault 75014 Paris, France.
Your order is then reserved for 7 days. After this time, without receiving your check, it will be canceled. The order will be processed only upon receipt of your check and after validation by our departments.
  • via bank transfer:
Payment is made by bank transfer to the order of MASAMUNE, and whose IBAN mentions are displayed on the screen before the validation of the order (IBAN or RIB). The customer agrees to validate the transfer with his banking services. The order will be processed only upon receipt of your transfer to our bank account and after validation by our services.
  • via PayPal:
PayPal payment will automatically redirect you to your PayPal account. Once the PayPal payment has been validated, you can complete and validate your order. The order will be processed only after the information by PayPal of payment validation on our account and after validation by our services.

The customer guarantees to MASAMUNE that he has the necessary authorizations to use the method of payment that he chooses, when validating the order.

MASAMUNE reserves its right to suspend or cancel any order and / or delivery, whatever their nature and level of execution, in the event of payment failure of any sum due by the customer, or any Payment incident. Penalties equal to the statutory interest rate plus five points shall automatically apply to amounts owing at the end of a period of ten days following the date of invoice or upon notification of the rejection of bank payment for any other means of payment. The delivery of any new order may be suspended in case of delay of payment of a previous order and this notwithstanding the provisions of the present ones.

MASAMUNE reserves the right to request a copy of the customer's identity card for any payment by credit card or bank check.
After confirmation of payment by our services, the customer receives an email validating the order by our services. The customer will find in his / her account, under the heading Order history / Details of the order concerned, the link to the invoice as pdf format file, which contains all the essential elements of the contract concluded between MASAMUNE and the Customer, and satisfies, with these Terms, the requirements of article L.221-9 of the French Consumer Code.

Article  8. Title Retention

The products remain the sole property of MASAMUNE until complete payment of the order to MASAMUNE. However, from the moment the customer receives the order, the risks of the goods delivered are transferred to the customer.

Article  9. Anti-Fraud Control

These controls are intended to protect MASAMUNE from abusive practices by fraudsters.
For an order that presents a shipping address different from the billing address, our services may be required to contact the two persons mentioned; Namely the person attached to the billing address and the person indicated for the shipping address.
As part of these procedures, our services may ask you for all the necessary documents to unlock your order: proof of domicile and debit in your name but also proof of domicile in the name of the person indicated for the shipping address etc ...
These requests are made by e-mail, then by mail with acknowledgment of receipt (AR).

Article  10. Terms of delivery and delivery time

Overview
The products are delivered to the shipping address you indicated to us during the order process.
The products purchased on the Website are available in all countries indicated on the menu when ordering.
The indicated delays are the ones from our warehouses and are between 5 and 10 weeks from the validation of the order by our services.

10.1 - Shipping times
The deadlines are calculated in French working days (Monday to Friday).
The indicated times are average usual delays and correspond to the processing, preparation and shipping times of your order. They run as soon as the order is validated by our services.
In case of payment by check, the order will be validated only on receipt. Delivery times will only begin to apply from this receipt. The provisions of Article 7 shall apply.
In the event of delayed shipment, an email will be sent to you. The delivery time of the carrier (Post / Carrier / Chronopost) as well as the customs treatments must be added to this delay.

10.2 - Multi-product Order
For a multiple product order, the shipping time for this order is based on the longest shipping time. However, MASAMUNE reserves its rights to split the order into several deliveries at no additional cost to the customer.
Orders that are shipped from our stock and orders that require a specific production (especially for custom products, which are produced on order) can be regarded as distinct, both in terms of orders and delivery times. To this end, if the customer orders one or more products falling into these different categories, an appropriate invoice will be issued for each product or group of products that are considered to be part of the same order.

10.3 - Delivery times

The ordered products are delivered by the postal circuit or by an independent carrier, depending on the nature of the product ordered and on the exclusive initiative of MASAMUNE, at the shipping address given by the Customer on the order form. The delays are indicated from our warehouses and are between 3 and 5 weeks from the validation of the order.
The choice of delivery method depends on the weight, volume and value of the items.
The company MASAMUNE cannot be held responsible for the consequences due to a delay of routing.

Terms of delivery
If the order to be shipped in Chronopost requires several packages, we only charge the shipping costs once.
It is up to the customer to choose the mode of delivery among the different modes available during the order (Distingo, Chronopost ...).

Article 11. Accountabilities

• MASAMUNE cannot be held responsible for the breach of the concluded contract, due to the occurrence of a force majeure event and in particular, in the event of a total or partial strike of postal services, transporters, and disasters caused by floods or fires. For products purchased to meet professional needs, MASAMUNE will not be liable for any consequential damages, loss of use, loss of profit, damages or expenses that may arise resulting from these Terms.

• The choice and purchase of a product or service is the sole responsibility of the customer. The total or partial inability to use the products, in particular due to the incompatibility of the equipment, cannot give rise to any compensation, refunding or questioning of the liability of MASAMUNE, except in the case of a hidden defect of the Article 12 of these Terms, non-conformity, defect or exercise of the right of withdrawal envisaged under article 14 of the present GCS.

• Sale of martial arts training weapons is forbidden to juvenile (under 18 years of age in France). MASAMUNE reserves its right to ask for a legal document recognized by French law (ID card or Passport) to determine without any doubt the client age. The Client must abide to his own local regulations concerning purchase of these products, and MASAMUNE cannot be held responsible for selling a martial arts training weapon to a Client over 18 years old.

Article 12. Hidden Defects Warranty

In the event that the products supplied by MASAMUNE present a hidden defect, MASAMUNE may, at its option, eliminate this defect or replace the defective product with another one. If MASAMUNE does not wish to eliminate this defect or replace the defective property, or if MASAMUNE is unable to do so, or if MASAMUNE cannot do so within the prescribed period due to factors beyond its control or will, The purchaser may, at his option, return the goods to him for a refunding of the price and return costs, or ask a reduction of the selling price.

The products offered comply with the existing French legislation. MASAMUNE declines all responsibility in the event that the product delivered does not respect the legislation of the country of delivery (censorship, prohibition of an author or a book). Similarly, its responsibility cannot be retained because of the content of the sites to which the hypertext links can send back from its website. MASAMUNE is committed to bring all the care in use in the profession for the implementation of the service offered to the client. Nevertheless, its liability cannot be withheld in case of breach of its contractual obligations due to a fortuitous event or a case of force majeure such as, but not limited to, natural disasters, strikes, fires, floods, failure or breakdown of equipment, means of transportation, communication or the acts of the client.

Article  13. Processing of parcels not distributed by the service provider

It is the parcels that have not been delivered to the final recipient for the following reasons: NFTA (Not Found at This Address), unclaimed, refused, damage to transport, spoliation ...

13.1 - Returns under the NFTA motive

Definition
These are the packages returned by the provider responsible for delivery under the heading: Not Found at This Address / Wrong shipping address.

Processing an NFTA Return

After receipt and acceptance of your parcel by our services, according to the nature of the product, stocks availability and according to your wish, we will propose to you to redirect the originally ordered product or an exchange product with equivalent characteristics. The shipping costs for this new shipment are charge to the customer.
Otherwise, credit note of the amount of products contained in the parcel will be given to you, with the exception of any other compensation.

13.2 - Returns under the "unclaimed" motive
Definition
These parcels have not been claimed by customers at the post office, or deposit location, within the deadlines set by the carrier (La Poste, Distingo, Chronopost ...).

Processing a return under the "unclaimed" pattern

After receipt and acceptance of your parcel by our services, according to the nature of the product, stocks availability and according to your wish, we will propose to you to redirect the originally ordered product or an exchange product with equivalent characteristics. The shipping costs for this new shipment are then borne by the customer.
Otherwise, credit note of the amount of products contained in the parcel will be given to you, with the exception of any other compensation.

13.3 - Returns under the "refused" motive
Definition
These are the parcels that you refused at the time of delivery, whatever the reason, or even without reason. Whatever the reason for rejection of the package by the customer, the customer is required to complete the "Return Form & Retraction" available on the Website, and return it to Customer Services within 48 hours.

Processing a return under the "rejected" pattern

You refused the parcel at the time of delivery. You must contact Masamune customer service within 48 hours of the refusal.
After receipt and acceptance of your parcel by our services, according to the nature of the product, stocks available and according to your wish, we will propose to you to redirect the originally ordered product or an exchange product with equivalent characteristics.
Otherwise, credit note of the amount of products contained in the parcel will be given to you, with the exception of any other compensation.

If your product is really damaged during transport, it is imperative that you express reservations with the carrier and contact Customer Service within 48 hours of receipt of the package.
Depending on the nature of the product, the stocks available and according to your wishes, we will offer you to redirect you the product initially ordered in a good condition or an exchange product with equivalent characteristics.

Failing this, a credit note will be granted to you within 48 hours of receipt of your parcel by our services. It will correspond to the total amount of the package (product (s) + charged shipping costs).
If you choose to be reimbursed, a payment will be sent within 30 days of acceptance, based on the original method of payment, of the total amount of the package (product (s) + postage) of the return of your parcel by our services.
The customer who chooses the basic shipment rate (without signature, without insurance) and who refuses the parcel without reason, takes responsibility for the risks associated with transporting the parcel, both in the initial consignment and back to MASAMUNE.

Article 14. Withdrawal Right

In application of article L.221-18 of the French Consumer Code, the customer has fourteen (14) days from receipt of the order to exercise his withdrawal right.
The withdrawal right is expressed by the client by filling in the "Return Form & Withdrawal" available on the Web site.
The Customer is informed that, by application of article L.221-8 of the Consumer Code, the right of withdrawal cannot be exercised for orders concerning the following articles:
  • The products unsealed after delivery that cannot be returned for hygiene reasons (non-limiting example: underclothes,
  • Products made according to the Client's specifications or clearly personalized (brands, marking, specific embroidery or engraving for clothing, bags, saddlebags, belts or other associated products; Japanese swords, Shinken, Iaito, for which the customer has made a choice such as length of Blade, tsuka (handle), same ("skin" on the handle for holding hands), tsuka ito (grip braid straps) or other personalization of sword and associated products)
  • Audio or video recordings when they have been unsealed by the customer (ie when the blister has been opened, removed or torn, such as CDs and DVDs).
  • Products liable to deteriorate or to perish rapidly (such as incense, or maintenance sets, notably uchiko).
  • Books if they have been damaged, torn, folded ...
  • The products from Sales won’t be returned or exchanged; with the exception of hidden defects of Article 12 of these Sales Terms & Conditions.

In the case of exercise of withdrawal right, the products must imperatively be returned properly protected, in their original packaging (even unsealed), in a perfect state of resale (not damaged, not soiled or not washed by the Customer), accompanied by the aforementioned form duly filled by the customer.

The customer is warned that he can only carry out on the products for which he exerts his right of withdrawal the manipulations necessary to verify the nature, the characteristics and the good functioning of the products, in application of the article L.221-23 of the French Consumer Code. Any manipulation of a product going beyond these, would lead to the impossibility for the Customer to use its withdrawal right for this product.

The exercise of the withdrawal right gives rise to a refund of the sums paid for the order (including delivery costs) as soon as possible and no later than 14 days from the date of receipt of the products by our after-sales service. The refund will be made according to the means of payment used when buying online. The costs of returning your order for which you exercise your withdrawal right will be at your exclusive charge.

Article 15. Customs duty

Any order placed on the Website and delivered outside the European Union may be subject to any taxes and customs duties that are imposed when the parcel reaches its destination. These customs duties and any taxes linked to the delivery of a product are at your expense and are your responsibility.  We advise the Customer to seek information and knowledge of these Customs Duties and taxes to the competent local authorities of its own country.

Article 16. Intellectual property

16.1 -

All texts, comments, works, illustrations and images reproduced on this Website are reserved for copyright and intellectual property rights and for the whole world. As such, and in accordance with the provisions of the French Intellectual Property Code, the only use permitted is for private use, unless different or even more restrictive provisions of the Intellectual Property Code. Any total or partial reproduction of the site masamune-store.com is strictly forbidden and will be subject to prosecution.

16.2 -

Certain products, such as books, CDs and DVDs, are subject to a personal and specific right of use regulating copies, public distribution and rental. You must respect the general conditions of sale of these products, and MASAMUNE cannot be responsible for the uses that could be made of the products.

16.3 - Authorized use

The Website and the information published therein are reserved for accessing information through the Editor's data processing system.
The User is authorized to make short quotations, analyzes and reproduction exclusively intended for the promotion of the site, in particular through magazines and articles of press, subject in particular to cite the Website of MASAMUNE as an editorial source.
Individuals wishing to make such use of the Website and the information contained herein are requested to contact MASAMUNE as a courtesy.
The creation of links pointed exclusively to the home page of the Site is tolerated. In any case, the Publisher reserves its rights to put an end to this tolerance at any time under any suspicion that the link established with the Site is likely to harm the interests of the latter.

16.4 - Fraudulent Behavior
Any user who acts in a fraudulent manner to these present Legal Terms & Conditions is liable to civil or criminal prosecution, which in particular punishes the infringement of copyright and the rights of the producers of databases.
The User is reminded that the French Penal Code (article 323-1 et seq.) Sanctions penalties of up to five years imprisonment and a fine of € 75,000, in particular:
- access and fraudulent maintenance in an automated data processing system,
- the deletion, modification or addition of fraudulent data in this system,
- hindering this system.
Criminal proceedings may be instituted by the Publisher against the User who does not respect these provisions.

Article 17. Partial validity

If one or more of the provisions of these Legal Terms & Conditions are held to be invalid or declared to be invalid or unenforceable under a law, regulation or as a result of a final decision of a court of competent jurisdiction, the remaining conditions will keep all their strength and reach.

Article 18. Applicable Law - Disputes

This agreement is subject to French law. The legal language of this contract is French. In case of dispute the Courts located in the city of Paris, France will be solely competent.

Under the Article L.111-1 of the French Consumer Code, the Customer is warned that, in the event of a dispute in a commercial transaction, he may use a consumer mediator.

Article 19. Information

The information and data concerning you are necessary for the management of your order and our commercial relations. In accordance with the Data Protection Act of 6 January 1978, you have the right to access and rectify personal data concerning yourself. Simply mail at Customer Service (contact@masamune-store.com) - Address: 11 Rue Henri Régnault 75014 Paris France, indicating your name, surname, telephone, e-mail address and, if possible, your customer reference number.

Depending on your choices made during the creation or consultation of your account, you will be able to receive offers from our company, as well as companies and companies of the MASAMUNE group. If you no longer wish to receive these offers, you can request that at any time by specifying it in "Your Account" under "Account", by unchecking the "Newsletter" box.

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