TAKUMA - GENERAL CONDITIONS OF SALE – INDIVIDUAL CONSUMER
PURPOSE These General Conditions of Sale (hereinafter “GCS”) apply to, on the one hand, the company TAKUMA, a French company registered in the Lille Trade and Companies Register under number 825 101 017 00028 whose head office are located at 1 Rue Inkermann, 59000 LILLE , hereinafter referred to as “TAKUMA”, and, on the other hand, any individual consumer (hereinafter the “Client”) who purchases equipment offered for sale by TAKUMA as described on the website http://etakuma.com/ (hereinafter “Product”) marketed by TAKUMA.
The term “Sale” refers to the online ordering service of any Products available on the website http://etakuma.com/.
Even if theses GCS are translated into the languages of the recipient countries in order for the Clients to have access to the information in their own language, the English version of the GCS will always prevail.
The GCS are available on the website at the date of sale. The Client declares that he has read and accepted these GCS before the conclusion of the Sale.
The Client certifies that he has the legal age and legal capacity to undertake this contract.
TAKUMA reserve the right to change these GCS from time to time by changing them on website http://etakuma.com/, although no such change will affect any order the Client has already placed. These GCS were last updated on 2019, July 5th.
CONCLUSION OF SALES
The Sale concluded by the Client is as follows:
1. Login to the site http://etakuma.com/
2. Creation of the personal account or connection to this account (Optional)
3. Adding products to the “basket”.
4. Product ordering
5. Validation of the Sale.
6. Acceptance of GCS
7. Online payment or payment through Bank Transfer.
8. Sending a confirmation email with the references of the Sale.
9. Delivery to the address specified by the Client according to the mode of transport indicated at the time of the Sale.
CREATION OF AN ACCOUNT
To conclude a Sale, the Client creates a personal account that records the history of the Client’s Sales and the contracts. When the Account is created, the Client chooses an identifier and a password associated with a valid e-mail address, his/her name, first name, date of birth and mobile phone number. The username and password remain personal to the Client who shall not disclose it to anyone and TAKUMA cannot be held responsible for any fraudulent use of the Client’s account by a third party. In the event that the Client forgets his password he may request a reminder e-mail at the indicated e-mail address.
ORDERS AND ACCEPTANCE
(a) The acceptance of any order is followed by the issuance, by TAKUMA, of a written acknowledgement of receipt to the Client; this document will specify the order number and the delivery date; (b) Any order accepted by TAKUMA is considered binding; (c) TAKUMA reserves the right to suspend, either wholly or in part, or cancel any order for which the Client does not act in accordance with the TAKUMA order placement procedure or the GCS, especially if the Client does not fulfil its own obligations and/or, by not supplying accurate or complete information to TAKUMA, obstructs the correct execution of the order. Each order is independent of any other and the Client will not be permitted to use a defect in one order as justification to refuse payment for any another non-defective order.
Products remain available within the limits of available stock. The photographs and graphics that may present the Product are not legally binding.
PRICE AND PAYMENT
The price of the Product(s) is the one listed on the website on the day of the order and includes VAT. These are understood to be exclusive of transport costs, possible custom costs and/or any other specific request made by the Client. All these costs will be at the responsibility and expense of the Client. Prices and delivery costs are liable to change at any time, but changes will not affect orders already accepted by TAKUMA. However, if the Client modifies the place of delivery, this can have impact on the price of the Product(s).
Any amount due and unpaid by the Client on the corresponding due date will result, until such time as said payment is made in full, in the application of late payment interest equal to three times the Bank of France’s legal interest rate. In addition to the late payment penalties, a fixed compensation charge of 40 Euros for collection charges will be legally due in accordance with the provisions of Articles D.441-5 and L.441-6 of the French Commercial Code. In the event of non-payment of an invoice on its due date TAKUMA also reserves the right not to deliver the Product(s), and to demand that payment is made before delivering the Product(s).
The Product(s) will be delivered according to the mode of transport and date indicated at the time of the Sale, at the address specified by the Client. If TAKUMA encounters difficulties in the delivery of a Product(s) (such as delay in the delivery), TAKUMA will inform the Client by e-mail, at the address he was provided with by the Client. Any quantity delivered in excess will be paid or returned to TAKUMA. This Product’s return will be done under TAKUMA’s responsibility and at his cost.
TAKUMA will never be held responsible for any defect or damage resulting from action by the Client or any other service provider not contracted by TAKUMA. TAKUMA recommends that the Client checks the Product(s) on its/their receipt. In case of damage or missing, claims on apparent defects or non-conformity of the product delivered, the Client will issue clear and precise reservations to the shipper, carrier or delivery company (for example by taking pictures) and MUST REFUSE THE DELIVERY. Then the Client must notify within three days, following the date of delivery, in writing to TAKUMA firstname.lastname@example.org (and the delivery company. It will be up to the purchaser to provide any justification as to the reality of the anomalies observed.
CONSUMER RIGHT OF RETRACTATION: The Client may cancel a contract at any time in the first 14 days following the delivery of the order and receive a full refund of the price paid for the Product(s) 14 days following the reception of the returned Product(s) by TAKUMA. In order to cancel the contract, the return the Product(s) to TAKUMA within 14 days after the day of notification of the cancellation, in the same conditions as it was received. If the Client fails to take reasonable care of the Product(s) while they are is in his possession, TAKUMA will have the right to deduct the cost of any deterioration, up to the price of the Product(s), from the refund to which the Client is entitled. To return the Products, the Client should package the parcel securely and then return it to TAKUMA to the following address 1 Rue Inkermann, 59000 LILLE. The Client will be responsible for the cost and risk of returning the Products to TAKUMA.
The Products functionalities are standard and it is incumbent on the Client to check that these effectively meet its requirements both in terms of functionality and performance. TAKUMA guarantees that the Products complies with the functional specifications published by TAKUMA. The Client will benefit from the legal guarantees of conformity and from the legal warranty against latent defects of the Product. The TAKUMA guarantee is strictly limited to the replacement and/or repair of the Product, or, as a minimum, reimbursement of the amount paid by the Client for the defective Products. These must be returned to TAKUMA in their complete and original packaging within a reasonable time frame, at the Client's exclusive expense and accompanied by a full report detailing the problems encountered, unless agreed otherwise. Product samples and loans and Products that become defective due to the Client are not covered by this guarantee, nor is anything that results from negligence and/or abnormal use by the Client. Any defect caused by insufficient quality of electrical grid will not be covered by the guarantee (e.g. overvoltage, parasitic elements, ...). Throughout the duration of the guarantee, TAKUMA reserves the right, if required, to send a reconditioned product as a replacement for a defective piece of equipment. TAKUMA only guarantees its Products against manufacturing defects. Any defect relating to improper use or storage, impact, or software that does not correctly utilise the functions of TAKUMA equipment is not covered by the guarantee. In order to operate the product correctly and avoid damage, serious injury or death, it is essential to read and follow all the instructions and warnings in the User’s Guide prior to assembly, set up or use.
PRODUCT NAMING AND MARKING
The Client is informed that the Products are likely to bear a product tracking number as well as TAKUMA’s brand and/or logo, which must not be removed or covered by any other product marking.
It is incumbent on the Client, as project supervisor, to define its requirements and to establish if the specifications and scope of the Products are suitable to his needs. The Client commits to using the Product(s) in accordance with the instructions received, the reference documents and at the specified function. Abnormal use of the Product(s) or addition of a component without prior agreement by the manufacturer may result in suspension of the guarantee and absolves TAKUMA of liability for any associated consequences. Use of this product and any of its components involves certain inherent risks, dangers and hazards, which can result in serious personal injury and death. In using this product you freely agree to assume and accept any and all known and unknown risks of injury while using this equipment. The risks inherent in the sport can be greatly reduced by abiding by the Warnings and Guidelines listed in this User’s Guide and by using common sense.
PROTECTION OF PERSONAL DATA
TAKUMA informs the Client that he collects, records and processes certain personal information about the Client, such as surname and forenames, postal and electronic addresses, mobile phone number, that the Client has provided him with in the context of an order or the creation of a personal account. The Client’s personal data is processed exclusively for processing the Client’s order and its follow-up and for customer relationship management. The Client’s personal data are retained no longer than what is required, and in any case no longer than 5 years after their collect or after the Client’s last contact with TAKUMA. In accordance with the provision of the GDPR (EU) 2016/679, the Client has the right to request access to his personal data, rectification or erasure of personal data or restriction of processing concerning the data subject or to object to processing, as well as the right to data portability. The Client can exercise his rights by sending a request to the following e-mail address email@example.com or by sending a letter to the following address TAKUMA, 1 rue Inkermann, 59000, Lille, France. If the Client believes his rights have been infringed in the context of the GDRP, he is invited to contact directly TAKUMA (at the above addresses). The Client may also lodge a complaint with the CNIL authority or other competent authority.
The parties expressly agree that any intellectual or industrial property right belonging to TAKUMA, of any kind whatsoever, will remain the sole property of TAKUMA. (a) Brands: “Brand(s)” means any distinctive marking that belongs to TAKUMA. The Client acknowledges TAKUMA’s exclusive property right for its Brands. The Client is prohibited from filing or registering, in any country, any product marking that is similar or identical to the Brands. The Client is not permitted to use the Brands except within the framework of and in order to meet the objectives of the GCS. In particular, the Client is prohibited from using these Brands for its own benefit. The Client undertakes not to make use of the Brands in a modified form. The Client undertakes not to use, for any of its activities, any name or product marking that leads to confusion with the Brands. (b) Patents and know-how: The Client acknowledges TAKUMA’s exclusive property right for its patents and know-how and undertakes not to claim any other rights over these other than for their use within the framework of the performance of the contract. (c) Copyright and industrial design right: The Client acknowledges TAKUMA’s exclusive property right for its copyrights and industrial design rights and undertakes not to claim any other rights over these other than for their use within the framework of the performance of the contract. The Client is not permitted to use said copyrights and industrial design rights except in the framework of and in order to meet the objectives of the GCS.
It is incumbent on the party claiming force majeure to inform the other party about this at the latest within 48 hours of its occurrence. Any case of force majeure will suspend the obligations of the GCS. If the case of force majeure continues for more than one month, each party will have the right to terminate their obligations by registered letter with acknowledgement of receipt addressed to the other party.
APPLICABLE LAW – JURISDICTION
These GCS are subject to French law, even if one or other of the parties is of foreign nationality and/or the contract is fully or partially performed abroad. Prior to any legal action, the parties undertake to seek an amicable settlement through conciliation or negotiation. In the event of failure to find an amicable solution to any dispute relating to the formation, performance or interpretation of this contract within a month, the Client has the right to use a consumer mediator, whose contact details are listed below, free of charge for the amicable termination of the dispute, pursuant to Article L. 612-1 of the Consumer Code. The Client will contact NORDMEDIATION - 8, rue d'Angleterre 59000 LILLE (FRANCE) – 0033 3 20 21 00 39 - firstname.lastname@example.org.
In the event of failure to find an solution through mediation, any dispute falls under the sole jurisdiction of the courts of Lille (France) whether or not there are multiple defendants or claims for contributions from third parties. This jurisdiction also applies for emergency proceedings