General Terms and Conditions for the Sale of Online Services to Private Consumers
Preamble – These general conditions of sale apply to all services concluded on the gallery.jumonjibishin.com website.
Web site: Bishin Jumonji Gallery
Administrator: Jumonji Co., Ltd.
Representative name: Bishin Jumonji
Location: 1-7-22 Yukinoshita, Kamakura-shi, 248-0005 Kanagawa-ken, Japan
TEL: +81-467-61-3755
URL: https://gallery.jumonjibishin.com
E-mail: info@jumonjibishin.com
The customer declares that he has read and understood the general conditions of sale prior to placing the order. The validation of the order therefore implies acceptance of the general conditions of sale.
Article 1 – Content and scope
These general conditions of sale automatically apply to the following services: the sale of food supplements and cosmetic products.
They apply to the exclusion of all other conditions, and in particular those applicable for sales on the internet or through other distribution and marketing channels.
The sale is deemed concluded on the date of acceptance of the order or upon immediate purchase by the seller.
Any order or immediate purchase implies unreserved acceptance of these general conditions of sale which prevail over all other conditions, except those which have been expressly accepted by the seller.
The buyer declares to have read these general conditions of sale and to have accepted them before his immediate purchase or when placing his order.
Article 2 – Pre-contractual information
Prior to the immediate purchase or placing of the order and the conclusion of the contract, these general conditions of sale are communicated to the buyer, who acknowledges having received them. The following information is sent to the buyer in a clear and understandable manner:
- the essential characteristics of the service
- the price of the service or the method of calculating the price and, if applicable, all additional costs of transport, delivery or postage and all other possible costs.
- the date or time limit at which the service provider undertakes to perform the service, regardless of its price, and any other contractual condition;
- information relating to the identity of the service provider, his postal, telephone and electronic contact details, and his activities,
- the procedures for processing complaints;
- the duration of the contract, when it is concluded for a fixed term, or the conditions for its termination in the event of an open-ended contract.
- with regard to digital content, any relevant interoperability of this content with certain hardware or software of which the professional is or should reasonably be aware
The service provider must also communicate to the buyer, or make available to him, the following information:
- status and legal form, contact details enabling rapid contact and direct communication with him;
- where applicable, the registration number in the trade and companies register or in the trades directory;
- for activities subject to an authorization scheme, the name and address of the authority which issued it;
Article 3 – Order
By order is meant any order relating to the services appearing on the seller’s prices, and accepted by him, accompanied by the payment of the deposit possibly provided for on the order form. Any order, to be valid, must be established on the seller’s purchase orders, available to customers on the site. Any order received by the seller is deemed firm and final. It entails full acceptance and acceptance of these general conditions of sale and obligation to pay for the products ordered.
The buyer has a right of withdrawal from 14 days from the conclusion of the contract.
Article 4 – Quote
For the services giving rise to the establishment of a preliminary estimate, the sale will be considered final only after establishment of an estimate by the service provider and sending to the buyer of the confirmation of the acceptance of the order.
The quotes established by the service provider have a validity period of 15 days.
Article 5 – Performance of the service and termination of the contract
Unless specific conditions specific to the sale, the execution of the service will be carried out within 2 working days from the receipt by the seller of an order in good and due form.
In the event of the seller’s failure to fulfill his obligation to perform on the date or at the expiration of the period provided above, or, failing this, no later than 30 days after the conclusion of the contract, the buyer may terminate the contract, by registered letter with request for acknowledgment of receipt or in writing on another durable medium, if , after having ordered, in the same manner, the professional to provide the service within a reasonable additional period, the latter did not perform within this period. The contract is considered to have been resolved on receipt by the professional of the letter or written notice informing him of this resolution, unless the professional has executed himself in the meantime. Nevertheless, the buyer can immediately terminate the contract when the professional refuses to provide the service or when he does not fulfill his obligation to provide the service on the scheduled date, if this date or this deadline constitutes for the buyer an essential condition part of the contract. This essential condition results from the circumstances surrounding the conclusion of the contract or from an express request from the consumer before the conclusion of the contract.
The costs and risks associated with this operation are the sole responsibility of the service provider. Except in cases of force majeure (not sure about this), the deposit paid on the order is automatically acquired and cannot give rise to any refund.
Buyer is responsible for shipping charges for returns unless otherwise agreed upon under special circumstances.
See Refund and Return Policy for more information.
Article 6 – Rate
Prices are firm and final. Unless specific specific conditions specific to the sale, the prices of the services provided are those appearing in the price catalog on the day of the order.They are expressed in legal tender and stipulated all taxes included.In addition to these prices are the following costs: shipping costs, under the conditions indicated in the service provider’s price catalog. (spaces after the end of each sentence in this paragraph)
Article 7 – Payment
Unless other terms expressly provided for in the special conditions, payment of the price is made in cash when ordering. No order can be taken into account in the absence of full payment by this date.
The payments made by the buyer will only be considered final after the actual collection of the sums due by the service provider.
An invoice will be given to the buyer upon request.
Article 8 – Litiges Responsible
The responsibility of the company Jumonji Co., Ltd. can also not be engaged by one of the Users or Buyers of the gallery.jumonjibishin.com site due to either the nature of the information, the products sold, the advice given or the photographs illustrating the products. We cannot guarantee the accuracy, completeness and updating of the information published on the site. We therefore decline all responsibility. However, if you find the information incomplete or incorrect, you can report it to us by email: info@jumonjibishin.com
The choice and purchase of a product or service are the sole responsibility of the customer. The client consequently renounces in advance any recourse of any kind whatsoever against Jumonji Co., Ltd.. Furthermore, Jumonji Co., Ltd.cannot be held responsible for non-compliance with the regulatory and legislative provisions in force in the receiving country. In the event of disputes, Japan law governs this contract.
Article 9 – Guarantees – General
Jumonji Co., Ltd. guarantees the conformity of services to the contract.
Buyers may make claims under the warranty of defects in the goods sold in accordance with consumer law under the statutory warranty of conformity.
This warranty covers conformity or hidden defects arising from a defect in the design or performance of the services ordered under the conditions and according to the methods defined in the appendix to these general conditions of sale.
The buyer must inform the service provider of the defects and / or lack of conformity within a maximum period of 1 month from the provision of the services.
Defects and / or defects noted will give rise, depending on the case, to rectification or refund. The provider’s warranty is limited to the reimbursement of the services actually paid for by the buyer and the provider cannot be held responsible or in default for any delay or non-performance following the occurrence of a case of force majeure(not sure about this).
Article 10 – Intellectual property
All technical documents, products, drawings, photographs given to buyers remain the exclusive property of Jumonji Co., Ltd., the sole owner of the intellectual property rights over these documents, and must be returned to it upon request.
Customer buyers agree to make no use of these documents, which may infringe the supplier’s industrial or intellectual property rights, and agree not to disclose them to any third party.
Article 11 – competent juridiction
All litigations to which the purchase and sale operations concluded in application of these general conditions of sale could give rise, concerning their validity, their interpretation, their execution, their termination, their consequences and their consequences and which would not have could be resolved amicably between the seller and the customer, will be subject to the competent courts under the conditions of common law.
For the definition of the competent jurisdiction, the seller elects domicile at Kamakura city, Japan.
Article 12 – Language of the contract
These general conditions of sale are written in Japanese. In the event that they are translated into one or more foreign languages, only the Japanese text will prevail in the event of a dispute.
Article 13 – Mediation
In the event of a dispute, the contact details of the mediator to which the consumer can contact are the following: mediator of e-commerce of the MEDIATION-NET association. (no contact details)
Article 14 – Protection of personal data
Data collected:
The personal data that is collected on this site are as follows: Account opening: when creating the user’s account, last name, first name, email address; Phone Number; postal address, date of birth;Connection: when the user connects to the website, the latter records, in particular, surname, first name, connection, use, location data and their payment data. Profile: the use of the services provided on the website allows you to enter a profile, which may include an address and a telephone number.
Payment: as part of the payment for products and services offered on the website, the latter records financial data relating to the user’s bank account or credit card. Communication: when the website is used to communicate with other members, the data relating to the user’s communications is temporarily stored. Cookies: Cookies are used in connection with the use of the site. The user has the option of deactivating cookies from their browser settings.
See Privacy Policy for more information.
Use of personal data
The personal data collected from users is used to provide the website services, improve them and maintain a secure environment. More specifically, the uses are as follows:
- access and use of the website by the user;
- management of the operation and optimization of the website;
- organization of the conditions of use of the Payment Services;
- verification, identification and authentication of data transmitted by the user;
- proposal to the user of the possibility of communicating with other users of the website;
- implementation of user assistance;
- personalisation of services by displaying advertisements according to the user’s browsing history, according to their preferences;
- prevention and detection of fraud, malware (malicious software) and management of security incidents;
- management of any disputes with users;
- sending commercial and advertising information, according to user preferences.
Sharing of personal data with third parties
Personal data may be shared with third-party companies in the following cases:
- when the user uses the payment services, for the implementation of these services, the website is in contact with third-party banking and financial companies with which it has contracted;
- when the user uses the payment services, for the implementation of these services, the website is in contact with third-party banking and financial companies with which it has contracted;
- when the user authorizes the website of a third party to access their data;
- when the website uses the services of providers to provide user support, advertising and payment services. These providers have limited access to user data, as part of the performance of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable regulations on data protection staff;
- if required by law, the website may transmit data to respond to complaints presented against the website and comply with administrative and judicial procedures;
- if the website is involved in a merger, acquisition, disposal of assets or bankruptcy proceedings, it may be required to sell or share all or part of its assets, including personal data. In this case, users would be informed, before the personal data is transferred to a third party.
Credit Card Information
When you store your credit card information, it is encrypted using Secure Sockets Layer (SSL) technology and stored on Stripe’s servers, which are responsible for credit card payment services, in a form that is linked to your e-mail address and other information. Your credit card information is not stored on our servers.
For more information on Stripe’s security and privacy policies, please refer to the following URLs:
https://stripe.com/jp/legal/link-account-terms
https://stripe.com/jp/legal/ssa
Security and confidentiality
The website implements organizational, technical, software and physical digital security measures to protect personal data against unauthorized alteration, destruction and access. However, it should be noted that the internet is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information on the internet.
Implementation of user rights
In application of the regulations applicable to personal data, users have the following rights, which they can exercise by making their request to the following address: info@jumonjibishin.com.
- the right of access: they can exercise their right of access, to know the personal data concerning them. In this case, before the implementation of this right, the website may request proof of the identity of the user in order to verify its accuracy.
- the right of rectification: if the personal data held by the website are inaccurate, they may request that the information be updated.
- the right to delete data: users can request the deletion of their personal data, in accordance with the applicable data protection laws.
- the right to limit processing: users can ask the website to limit the processing of personal data in accordance with the assumptions provided for by the GDPR.
- the right to object to data processing: users can object to their data being processed in accordance with the assumptions provided for by the GDPR.
- the right to portability: they can request that the website give them the personal data provided to them to transmit it to a new website.
Evolution of this clause
The website reserves the right to make any modification to this clause relating to the protection of personal data at any time. If a modification is made to this personal data protection clause, the website undertakes to publish the new version on its site. The website will also notify users of the change by email, at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, he has the option of deleting his account.