The client acknowledges having accepted, at the moment of purchasing, the general terms and conditions of sale of the Internet site ninoma.com and expressly declares their acceptance of said terms without reserve. These must be considered as being the case between parties and neither the general terms and conditions or the special terms and conditions of our buyers will be taken into account, unless express written permission is given on our part.
Article 2- Purpose
The present terms and conditions of sale have as their purpose, firstly, to inform every eventual consumer of the conditions and modes in which the seller proceeds with the sale and the delivery of products ordered, and secondly, to define the rights and obligations of the parties within the framework of the sale of products by the vendor to the consumer. These terms and conditions are applicable, without reserve or restriction, to the entirety of sales on the Internet site ninoma.com. Consequently, the action of all persons to order a product displayed for sale on the Internet site ninoma.com, brings with it the acceptance, fully and completely, of the current general terms and conditions of sale, which the Buyer acknowledges as having knowledge of prior to their order. The Buyer prior to their order declares that:
They are at least 18 years of age or older, or are in possession of parental authorization
They have complete juridical capacity, allowing them to engage under the present general terms and conditions of sale.
Article 3- Prices and Tariffs
The prices are indicated in euros and yen and are only valid at the time of the transmission of the order by the consumer. They to do not take into account shipping prices, charged separately, and indicated before the final stage of the order.
Article 4- Payment
The Buyer must complete the payment at the time of the order.
At no moment can the funds transferred be considered as arrears or credit.
The cashing of the entirety of the amount of the order will be performed at the moment of the confirmation of the order.
The Buyer guarantees to the Internet site ninoma.com that they have access the authorizations eventually needed to use the mode of payment that they have chosen, at the moment of registering the purchase order.
The internet site ninoma.com reserves the right to suspend or cancel all orders and/or dispatched items, whatever the nature and stage of execution, in the case of non-payment of the entire sum that is due by the Buyer, or in the case of an incident with payment.
Article 5- Product Information
The entireties of all products listed on the Site are original Japanese version. Conforming to Article L111-1 of the Code Of Consumerism, the Buyer can, prior to their order, familiarize themselves on the Site with the essential characteristics of the product they wish to order, and assure themselves of the correct compatibility of these and the Buyer’s video installation.
The Seller reserves the right to modify the availability of products, depending in particular on the constraints linked with suppliers.
The photographs, graphics and product descriptions of items displayed for sale are indicative only, and do not bind the Seller.
In the event a supplier modified a product, the graphic representation of this is not the Seller’s responsibility and they are not liable for it, nor does it affect the validity of the sale.
Article 6- The Availability of Products
The availability of products is indicated on the description page of every product. In the event where a product is unavailable despite the information in the page description, the site ninoma.com will inform the Buyer of this by e-mail promptly. In the event of permanent unavailability, the order will be cancelled.
Article 7- Cancellations
The Buyer has the option of canceling an order or a pre-order: all pre-orders can be cancelled without fee up until 7 days before the release of the product; past this time, all cancellations will result in a fee valued at 10% the value of the ordered product. An expedited order cannot be cancelled: the Buyer can nevertheless exercise their right of withdrawal, as explained here below.
Article 8-Right of Withdrawal
The Buyer has a 7-day period wherein they can return, at their expense, any products that do no suit them. This period begins on the day of delivery of the order. If this period expires on a Saturday, Sunday or National or Bank Holiday, it is extended to the next working day. All returns should be reported prior to being sent back, through the Customer Service of the site ninoma.com.
They should be returned uniquely to the Bless International Company. In order for the Buyer to benefit of the right of withdrawal, the products must not have been unsealed.
Only products maintained as a whole and in their original packaging, intact and in perfect condition, can be returned.
All products that have been damaged, or whose original packaging has deteriorated, will be neither reimbursed nor exchanged.
This right of withdrawal will result in a fee valued at 10% the value of the product.
In the assumption of the exercise of the right of withdrawal, the Buyer has the right to ask for either the reimbursement of the sums paid, or the exchange of the product.
In the event of an exchange, the re- shipping will be done at the cost to the Buyer.
In the event of the right to withdrawal being exercised, the Seller will make every effort to reimburse the consumer within 15 days after the return of the product.
However, given the technical nature of the products sold, this delay could be extended to 30 days, in particular when the product requires a technical verification (cf products must be tested in advance).
The Buyer will then be reimbursed by re-credit in their bank account depending on the type of payment used.
Article 9- Product Guarantee
New electronic and accessory goods are accompanied with the guarantee of the maker.
This guarantee does not cover hidden defects.
If the Buyer encounters a problem with electronic goods bought on the Site during the year following their purchase, they can contact the Customer Service of the Seller and return, to the Seller, the defective purchases.
The Seller will then contact the Japanese Customer Services of the relevant company.
The Buyer will have to fulfill the returning shipping costs.
All product returns under the guarantee specified must be subject to prior agreement with the Seller, who will communicate to the Buyer a reference return number.
No return will be accepted without prior authorization from the site ninoma.com.
Article 10- Problems of Quality and Conformity
In the event of the delivery of a product that does not correspond with the order (defective or non-conformant), the Buyer must lodge a complaint within 7 days of signing the slip distribution.
The complaint must be addressed by a registered letter with acknowledgment and must include:
The contact information of the Buyer
References of the product.
lDetails of the complaint
The return of the products must have been done within 7 days of receiving a return number by the customer service of the Internet site ninoma.com.
Lacking this number, ninoma.com will not proceed with any exchange of reimbursement of ordered products.
All products to be exchanged or reimbursed must be returned to ninoma.com in their original packaging and must contain the entirety of the products and accessories.
The shipping costs will be covered by ninoma.com, except in the case where the product received or exchanged does not correspond with the original declaration made by the Buyer when they lodged their complaint.
All risk related with the return of the product will be charged to the Buyer.
A lack of adherence to the procedure outlined above and to the specified times, and the Buyer will be unable to formulate any complaint for non-conformity or apparent defects with the delivered products, the products having been therefore considered conform and exempt from any apparent defects.
Article 11- Terms of Delivery
The products will be delivered to the address indicated by the Buyer in their purchase order. The Buyer must check the state of the packaging of the merchandise at the delivery and must signal any damages due to transport on delivery, as well as to the Seller, within a week. The Site proposed multiple forms of delivery. These are left to the decision of the Buyer. The related shipping costs are calculated automatically from the moment the order is passed.
Article 12- Delivery Problems due to Transportation
All anomalies concerning the delivery (delivery average, missing products compared to the delivery, damaged package, broken product…) must be reported immediately on delivery under the form of “handwritten reserves”, accompanied by the signature of the client.
The consumer must also confirm this anomaly by addressing the company of the transportation used within 2 days of the date of delivery, mailed with return receipt stating such claims. The consumer must then transmit a copy of this letter by fax or e-mail at firstname.lastname@example.org.
Article 13- Customs
All orders from the Site could be subject to any taxes and customs imposed when the package reaches its destination. Any taxes or customs linked with the delivery of the goods are charged to the Buyer and are their responsibility. The seller is not held to verify and inform the Buyer of any customs or taxes that may be applicable. To be aware of such things, the Seller recommends to the Buyer to inquire about such to the relevant authorities of their country.
Article 14- Unforeseeable Circumstances
Neither party will have failed their contractual obligation, insofar as their execution is delayed or prevented by an unforeseeable circumstance. Will be considered unforeseeable circumstance all events, external to both parties, unforeseeable, inevitable, independent of the actions of both parties and that could not be prevented by the latter, despite any efforts that were reasonably possible.
The party affected by such circumstances will notify the other within 10 days of the date when they will have had knowledge the incident. Both parties will then, within a delay of one month, excepting in the impossibility of doing so due to the unforeseeable circumstance, will examine the impact of the event and agree to conditions under which the contract will be continued.
f the unforeseeable circumstance lasts for longer than three months, the present terms and conditions may be terminated by the injured party. Expressly, those considered unforeseeable circumstances beyond those usually considered by the current case law and the French courts: the blockage of transportation means and supplies, earthquakes, fires, storms, floods, lightning; the stopping of telecommunications or difficulties specific to the external telecommunications networks to customers.
Article 15- Responsibility
The site ninoma.com cannot be held responsible for the breach of contract in case of shortage or unavailability, of unforeseen circumstances, of disruption or total or partial strikes of postal services and means of transport and/or communications. The site ninoma.com cannot be held responsible for any indirect damages that may occur due the purchase of products. The site ninoma.com will not be responsible for any loss of data or files. It is for the Buyer to proceed with the necessary safeguards. The total or partial impossibility of using the products, for reasons relating to the incompatibility of the material is not the responsibility of ninoma.com nor will it give rise to any compensation or reimbursement.
Article 16- Partial Invalidation
If one or more of the terms and conditions stipulated are held to be invalid or declared as such in the application of a law, a regulation or following the definitive decision of jurisprudence, all other terms and conditions will remain in full force and effect.
Article 17- No Waiver
The event where one party does not claim a breach of contract by the other party under any of the terms and conditions stipulated here, will only be interpreted in the future as a waiver of the obligation in question.
Article 18- Title
n the event of difficulty interpreting the titles at the head of clauses, and any of the clauses, the titles will be declared nonexistent.
Article 19- Applicable Law
Japanese law informs the terms and conditions. If a dispute arises in relation with the terms and conditions or separate terms, the Tokyo District Court is the agreed exclusive jurisprudence of the first hearing.
Article 20- Data Protection
The information collected by the site ninoma.com at the moment of the all orders by the Buyer are necessary for the management of their order by ninoma.com and its commercial partners. Conforming with the Data Protection Law no. 78-17 of January 6 1978, the Buyer has the right of access, rectification, opposition and deletion of data that concerns them by the Internet site ninoma.com.