The following general conditions for e-commerce apply to any sale made on internet katana-craft.com site.
The internet site www.katana-craft.com is a service of :
* MURASME society
* situated at : Rue Lorient Lafleur, 18570 LA CHAPELLE-SAINT-URSIN, FRANCE
* URL address : www.katana-craft.com
* e-mail : firstname.lastname@example.org
* phone number : +33(0)9 82 38 67 48
This site katana-craft.com is for marketing of the following products : MARTIAL ARTS - CUTLER'S.
ARTICLE 1 - Principles
These present general conditions to learn about the obligations of both parts. It means that the buyer is supposed to accept them unreservedly. These present general conditions apply excluding any other conditions, and in particular these
concerning any sales in shops or other means of marketing. You may have access to them on the katana-craft internet site and they prevail possibly over any other version or contradictory document. The salesman and the buyer agree on that the present conditions rule exclusively their relationship. The salesman reserves the right to change punctually his general conditions that will be applicable as soon as their publication on-line. If a condition to sale were lacking, it will be ruled according to the actual customs for on-line sales concerning societies the office of which is registered in France. The present conditions are available till 2021 december the 31st.
ARTICLE 2 - Contain
The present general conditions are established to define the rights and obligations of the two parties in the context of on-line sales of goods proposed to a buyer by the salesman, from the katana-craft.com internet site. The present conditions are only for purchases made on katana-craft.com and delivered only in mainland France and Corse. For any other delivery in DOM-TOM or foreign countries, it is recommended to send a message via the following e-mail address: email@example.com
These purchases concern the following goods : MARTIAL ARTS - CUTLER'S
ARTICLE 3 - Pre-agreement information
Before placing an order and the conclusion of a deal, the buyer acknowledges the present general conditions of sale and also all the information which is listed at L.221-5 article of the commercial law. Are transmitted to the buyer, in a clear and understanding way, the following information :
- the main and essential characteristics of goods.
- the price and/or how is calculate this price.
- if necessary, all extra charges for transport, delivery or franking and any other chargeable costs.
- if a delay is necessary to assume the deal, a date of delivery is given by the salesman, whatever the price of the merchandise.
- the information concerning the salesman identity, his postal address, telephone and internet.
And so for his activities, the legal guarantees, the functions of the digital data and eventually its inter-action, and at last the methods processed to assume guarantees and other contracted conditions.
ARTICLE 4 - The order
The buyer has the possibility to place an order on-line, from the on-line catalogue and by mean of the inside form, for any product, according to an available stock. The buyer will be informed to any unavailability of the product or goods ordered. To validate the order, the buyer will accept, clicking at the place indicated, the present general conditions. He also has to indicate the address and mean of delivery, and at last validate the mode of payment.
The deal will be considered as final :
- after sending to the buyer acknowledgement of acceptance of the order by the salesman via e-mail.
- and this, after cash in advance of the full price.
Every order means acceptation of the prices and the features of the products as described and available for sale. Any contest about this point will be solved by a possible exchange and by the guarantees as mentioned below. In some cases, in particular for no payment, wrong address, or other problem about the buyer count, the salesman may block the order of the buyer until the problem is solved.
For any question about the follow-up of an order, the buyer can call up this phone number :
+33(0)982386748 (no extra charge), at the following opened days and hours :
from monday to wednesday at 9h30 to 18h. or send an e-mail to the salesman at : firstname.lastname@example.org
ARTICLE 5 - Electronic signature
Giving on-line your credit bank card number and final validation of your order, will be considered as prove of the buyer agreement for :
- the payable amount relating to the order form.
- signature and explicit acceptation for all the operations made.
In case of fraudulent use of his credit bank card, the buyer is supposed to contact the salesman as soon as possible, at the following phone number :
ARTICLE 6 - Order confirmation
The salesman provides the buyer with a confirmation of his order, via an e-mail.
ARTICLE 7 - Prove of the electronic trading.
The numeric registers, saved by computer systems of the salesman, with reasonable conditions of security, are considered as proves for the communications, the orders and the payments made between the involved parties. The archive file concerning the order forms and invoices is put on a feasible and lasting support that can be used for prove.
ARTICLE 8 - Information about the products.
The products ruled by the present general conditions are those presented on the salesman's internet site and that are presented as sold and sent by him. They are proposed within an available stock.
The products are described and presented with the most possible accuracy. Nevertheless if some errors or omissions may have occurred, the responsibility of the salesman would not be engaged. The photographs of the products are not under contract.
Reserve of ownership :
Katana-craft.com remains the owner of goods which are exceptionally delivered before payment and this until the effective and complete settlement.
In case of dispute face to this event, katana-craft.com will have the ability, within his good rights, to demand that goods are to be returned. Nevertheless the customer is responsible of the merchandise as soon as they are delivered (responsibility doesn't mean ownership).
ARTICLE 9 - The prices
The salesman may modify the prices at any time, but he assumes to apply the price list indicated at the order time, if the stock is available at this moment.
The prices are calculated in Dollards. They do not consider the delivery charges, invoiced as extra, and indicated before the order is validated. If some taxes or charges, in particular in favour of the environment, would be created or modified, becoming higher or lower, these changes will be applied on the prices of goods.
ARTICLE 10 - Modes of payment
It is an order with obligatory payment, this means that the ordering implies the buyer settlement.
To settle his order, the buyer may choice any one of the modes of payment proposed by the salesman, and listed on his site. The buyer assures the salesman that he has the eventual and necessary authorizations to use the chosen mode of payment, when he validates the order form. The salesman has right to suspend an order processing and delivery in case of no authorisation to pay with a credit card from official accredited banks or organisations, or in case of no-payment. In particular, the salesman may refuse to make a delivery or execute an order from a buyer who hasn't settled totally or partly a previous order or when a lawsuit about a payment is in hand.
The payment of an order will be made totally on the day this order is validated, in accordance with the following :
- credit bank card, directly on-line
- bank transfer : data of our RIB are shown on our form for payment when you have validate your order.
ARTICLE 11 - Availability of the products - repayment - solving
Except in case of exceptional event or when the shop on-line in closed, and that will be clearly announced on the first (reception) page of the site, the delivery times will be those indicated below, if the stock is available. The delivery time starts at the moment when the order is recorded as mentioned in the e-mail that confirms an order.
For a delivery in mainland France or Corse, this time varies from 2 days up to 365 days (especially for custom-made sabers), and it is made by express transport.
For deliveries in DOM-TOM or in foreign countries, the conditions of delivery will be clearly and specifically indicated to the buyer.
In case of no-respect of the date or time of delivery, before breaking the deal, the buyer will enjoin the salesman to assume the delivery within a new reasonable larger time.
If this new agreement is not respected, the buyer can break the deal, as suits him.
The buyer will have to carry out these formalities via a letter sent by certified mail or by a piece of writing on a lasting medium.
The contract will be considered to be obsolete as soon as the salesman has received this letter or piece of writing, except if he has made the delivery in the interim.
But it will be possible to the buyer to cancel the deal immediately if the date or delivery time is an essential condition of this contract. In this case, when the contract is broken, the salesman has to pay back the buyer of the total amount of the order, within in maximum of 14 days after the day of obsolescence.
If the product ordered is not available, the buyer will be informed as soon as possible and will have the possibility to cancel his order. Then, the buyer may choose to be paid back within the 14 days after the payment, or to accept an exchange with another product.
ARTICLE 12 - Modes of delivery
Delivery means transfer of the physical possession or control of goods to the customer. The products ordered are delivered in accordance with the following modes and time.
The products are delivered at the address as indicated on the order form and the buyer has to
take care that it is the right address. Any parcel sent back to the salesman because a wrong or inadequate address will be re-delivered, charges for the buyer. The buyer may ask for an invoice sent to an address different of the delivery address (invoice address), as proposed on the order form (just validate the option).
If the buyer is not present at the day of delivery, the delivery man will drop a notice in your mailbox. This notice will allow you to collect the parcel, where and when.
If, when delivering, the parcel is damaged, torn or opened, the buyer must verify the good condition of the items. If they are in bad condition, the buyer must refuse the parcel and note an appreciation on the delivery form (parcel not accepted because opened or damaged ...).
This checking is considered as done since the buyer, or an authorised person, has signed the delivery form.
So then the buyer has to confirm, by certified mail to the hauler, these critical remarks within two opened days following the delivery of the parcel, and transmit a copy of this mail (by fax or e-mail) to the salesman (cf. address on the internet site).
If the products have to be returned (to the salesman), it is necessary to ask the salesman for this return within 14 days after the delivery. A claim made after this time won't be accepted.
The return of the product will be accepted if the products are in the original condition (packaging, accessories, notice ...)
ARTICLE 13 - Delivery errors
The buyer will have to declare to the salesman, at the real day of delivery or at the latest, the first opened after the delivery, any claim for a delivery error, and/or no-accordance of the products (type or quantity) with what is stipulated on the order form. Any claim made beyond this time will be rejected.
The claim will be made, depending of the buyer's choice :
- by phone at : +33(0)982386748
- by e-mail at : email@example.com
Any claim that doesn't respect these conditions won't be considered and disengages the salesman for any responsibility toward the buyer.
When receiving the claim, the salesman attributes an exchange number to the concerned product(s) and sends it to the buyer via e-mail. The exchange will be made only after this number has been attributed.
In case of error of delivery or exchange, the product to be changed or paid back will be returned to the salesman in its whole and in its original packaging to the following address :
MURASME Rue Florient Lafleur, 18570 LA CHAPELLE SAINT URSIN FRANCE
The delivery charges are for salesman.
ARTICLE 14 - Guarantee for the products
14-1 Legal guarantee for conformity
The salesman is guarantor for the conformity of a product sold by contract, allowing the buyer to be granted of the legal guarantee as stipulated by articles L.217-4 and followings of the consumption code.
In case of using the legal guarantee of conformity, mind that :
- the buyer has two years to act, starting from the delivery of the product.
- the buyer may choose between repairing or replacing the product, subject to cost conditions as stipulated by article L.217-17 of the consumption code.
- the buyer has not to provide the proof of no-conformity of the product during 24 months for new goods (6 months for second hand), after the delivery of the product.
- blades are subjected to be worn out when used, so the guarantee applies only if their use respects the usual codes in dojo (cutting of bamboo or mat for katanas, by example).
14-1 Legal guarantee for hidden flaws
In accordance with article 1641 and followings of the civil code, the salesman is guarantor for any hidden flaw affecting a product. It is the buyer's liability to prove that the flaws were present at the sale time and that they make the product unusable for what it was supposed to do. This guarantee is to be activated within a time of two year beginning when the flaw is discovered.
The buyer may choice either the cancelation of the sale or a reduction of the price, according to article 1644 of the civil code.
Furthermore, the products have a commercial guarantee to ensure their good condition and, if not, a pay-back at the price when buying, or an exchange or repair. It doesn't cover flaws caused by abnormal or faulty use or by an external reason that has no connection with the proper qualities of the products.
ARTICLE 15 - Retraction right
Use of the retraction right
According to the articles of the consumption code, the buyer has a time of 14 days from the delivery day, to send back any item that is not convenient to him and to ask for an exchange or to be paid back without extra charge except the costs for the back delivery.
A return must be made as was the original and complete parcel (packaging, accessories, notice ...) so that it will be sold again as new, and the invoice will be joined.
The products which would be damaged or dirty or not complete will be not accepted.
The retraction right may be made on-line, by the retraction form usable on this internet site.
In this case, acknowledgement will be sent to the buyer immediately. Any different way used to set a retraction is accepted, if clearly expressed.
If the retraction right is used in due time, are paid back : the cost(s) of the product(s) as well as the charges of the initial delivery.
For the return of the product(s) the cost of delivery to the salesman is for the buyer.
The exchange (if stock available) or the pay back will be effected within a time of 14 days, and at worst within a time of 14 days from the day of reception by the salesman of the products sent back by the buyer in the conditions here expressed.
In accordance with article L221-28 of the consumption code, the right for retraction cannot be invoked for the following contracts :
- supplying of goods the price of which depends of financial market variations that escape to the professional's control, and be able to happen while the retract time.
- supplying of goods made in accordance with the buyer's specifications or very customised.
- supplying of goods that can be spoiled or become obsolete quickly.
- supplying of goods handled by the consumer after delivery, and that cannot be sent back because of hygiene or health protection.
- supplying of goods that, after delivery, are mixed to other items and cannot be separated each other to one another.
- supplying of alcoholised drinks when their delivery time is over 30 days and the price of which, when determined at the contract agreement time, depends of market variations that escape to the professional control.
- maintenance works, or repairing, to be made in emergency at the consumer's and clearly asked by him, but limited to the spare parts and essential works to solve the urgency.
- supplying of video or audio recording or software when handled by the consumer after delivery.
- supplying of a news/periodic paper, or magazine, except for a subscription contract.
- supplying of digital data that are not delivered on a material support and which have been used after prior agreement of the consumer and explicit abandon to his retract right.
ARTICLE 16 - Major force
Any circumstances independent of the parties' will, and which prevent them to assume their
obligations in usual conditions, or which are considered as cases of exemption of the parties obligations, and so lead to a suspension of these obligations.
The party who invokes these major force circumstances must warn immediately the other party when it happens or disappears.
Are considered as case of major force, any fact or circumstance unavoidable, external from the parties, unpredictable, independent of the parties' will and which cannot be hold by them, despite all reasonable and possible efforts. Clearly speaking, are considered as cases of major force or fortuitous cases, besides the cases usually dealt by the jurisprudence and the French tribunals : the locking of transport/supplying means, earth squeak, fires, tempests, floods, lightning, out of order of telecommunication networks or difficulties with external telecommunication networks of the customers.
The parties will consult each other to examine the consequences of the trouble and find a fairly agreement about the conditions to carry on the contract. If the problem is lasting more than three months, the present conditions could be retracted by the damaged party.
ARTICLE 17 - Intellectual property
The internet site contain is the property of the salesman, the only owner of the intellectual property rights for this contain.
The buyers commit to not use in no way this contain ; any reproducing, partial or in totality
is strictly prohibited and may considered as a counterfeiting offence.
ARTICLE 18 - Information technologies and liberties
The personal data given by the buyer are necessary to manage his order and invoicing.
They can be transmitted to the salesman's business partners who are in charge of the processing, management of the orders and the payments.
The use of data kept by the katana-craft site has been declared to the CNIL.
The buyer has a permanent right to access to his personal data to modify, correct or cancel them. This right can be used as indicated on katana-craft site.
ARTICLE 19 - Partial invalidation
If one or more elements of the present general conditions became invalided because of a new law or rule, or following a definitive decision of an authorised jurisdiction, the other elements will keep their force and validity.
ARTICLE 20 - No renoncement
For one of the parties, if he doesn't prevail that the other party fails to respect to any one of the obligations described in the present general conditions, it doesn't mean, in the future, that it will be a renouncement to assume the obligation as regard.
ARTICLE 21 - Title
In case of interpretation difficulty between any one of the titles in head of the clauses and any one clause, the titles are declared nonexistent.
ARTICLE 22 - Language of the contract
The present general conditions for a sale are written in French. If they would be written in any other foreign language, only the French version is valid, in case of lawsuit.
ARTICLE 23 - Arbitration and settling of disputes
In case of dispute between the salesman and the consumer, they will try to find a friendly solution. If it is not possible, the consumer has the possibility to ask for a free intervention of a competent arbitrator, that is to say the European Arbitrators Association (AME CONSO), in a reasonable time (at the most one year starting at the time a written claim has been sent to the salesman).
The demand for a intervention of an Arbitrator will be made :
- either filling the appropriate form proposed by the internet site of AME CONSO
- or by mail sent to AME CONSO 11 place Dauphine - 75001 PARIS
ARTICLE 24 - The law to be enforced
The present general conditions are ruled by the French law. The competent court is the judicial court.
It is so, for the content and for the form of rules. In case of dispute or claim, at first the buyer will contact the salesman to find a friendly agreement.
ARTICLE 25 - Protection of personal data
Picked up data
The personal data which are kept on this site are the following :
- when opening a new account :
name - first name - e-mail - phone number - postal address - sporting club
national identity card - date of birth
- when connecting :
at the connection to the site, are recorded in particular : name, first name, data about the connection, use and location, and data relating to a payment.
- profile : the use of services on site permits to establish a profile that includes an address and phone number.
- payment : about a payment of products or services proposed on the site, some financial information is registered (bank account, credit card of a user).
- communication : when the internet site is used to communicate with other users, the data that concern these communications are kept temporary.
- cookies : cookies are used when browsing on the site. The user may deactivate the cookies,
using the browser parameters.
Use of personal data
The personal data picked up from the users are kept to be at the disposal of services of the internet site and to be improved in a secure environment. More accurately their uses are described below :
- access and use of the internet site by a user
- managing and optimization of the internet site
- organization of use conditions for payment services
- to check, verify and authenticate the data given par a user
- proposal giving possibility for a user to communicate with other users of the site
- to have assistance at the disposal of the users
- to customise some services displaying pubs according to an historic browsing of the user
- to prevent and detect computer crimes and malicious software. Management of security problems.
- management of eventual disputes with users
- to transmit pub and commercial information, in accordance with the user's likes.
Sharing personal data with others
Personal data may be shared with other companies, in the following cases :
- when somebody uses a payment service, the internet site has a relationship with the financial and bank societies through contracts.
- when the user issues, in places specially created for free comments on the site, information to public access.
- when the user permits a free access to his data via the site of third party.
- when the internet site needs some helping services from others to assist efficiently the users, transmit publicity and payment services. These service providers have an unlimited access to the user data to carry out the mandatory service, and by contract they must use them respecting strictly the law and its arrangements to protect personal data.
- if the law is demanding, the internet site can transmit data to respect injunctions against the site and to be in accordance with administrative or judicial procedures.
- if the internet site is involved in a merge, acquisition, assets transfer or in a judicial recovery procedure, it will be liable to give up or share partly or on a whole of its assets, included personal data. In this case the users will be informed, before their data would be transferred to a third party.
Security and confidentiality
The internet site set up adequate technical, physical, organised measures and software to protect your personal data against destruction and unauthorised access, use or alteration. However internet is not an absolutely sure environment and we cannot certify that some unauthorised persons will never be able to overcome these measures of protection.
Seting up the user's rights
Applying the rules concerning personal data, the users have the following rights which they can use by a demand at the address : firstname.lastname@example.org
* access right : any user may use his access right to know his recorded personal data. In this case, before giving this right, the site may ask for a proof of identification in order to verify if it is ok.
* correction right : if his personal data are not correct, a user may ask for an updating.
* cancel right : any user may ask for a cancellation of his personal data, in accordance with the laws for data protection.
* limited use right : any user may ask the site to limit the use of his personal data in accordance with the cases planned by the RGPD.
* no use right : any user may oppose against any use of his personal data in accordance with the cases planned by the RGPD.
* transmit right : any user may claim the internet site to pass his personal data to him in order to transmit them to another site.
Development of the present clause
The internet site keeps the right to put any change to this present clause in connection with the personal data protection, at any time. If a change occurs, the site commits to publish the new version of the present clause of personal data protection. In addition the site will inform the users of any change via e-mail in a time of 15 days before the effective application date. If a user doesn't agree with the manner the change is written, he may delete his account.
( to be filled in by the consumer and to be sent by certified mailing, in a maximum time of 14 days following the date of contract acceptance)
For the attention of : MURASME
Situated at : rue Lorient Lafleur, 18570 LA CHAPELLE-SAINT-URSIN
Phone number : +33(0)9 82 38 67 48
I hereby notify that I retract the contract for the acquisition of .............................................
ordered at the following date : ......................
Name and first name of the consumer : ..................................................................................
Consumer's address : .....................................................................................
Date : ........................
Article L. 217-4 : the salesman delivers a product in accordance with the contract and assumes the flaws when delivered. He also assumes the flaws caused by the packaging, the assembly orders or the fitting when made by him by contract, or has been realised under his responsibility.
Article L. 217-5 : Goods are in accordance with the contract :
1° If it is appropriate to an expected usual use for a similar product, and eventually :
- if it looks like the salesman's description and has the exhibited qualities of samples or models presented to the buyer.
- if it has the qualities that a buyer may fairly expect considering the public declarations made by the salesman, the producer or his representative, in particular with publicity or labelling.
2° Or if it has the characteristics defined by both parties or is specially adapted to the buyer's use as explained to the salesman who has accepted.
Article L. 217-6 : the salesman is not bound by the public statements of the producer or his representative, if it is fairly established that he was not liable to know them.
Article L. 217-7 : the flaws of conformity which appear in a time of 24 months from the delivery are supposed to exist when the product is delivered, except if the contrary is proved.
For second-hand goods, this time is 6 months.
The salesman may oppose this supposition if it is not compatible with the type of the product or with the flaw of conformity invoked.
Article L. 217-8 : the buyer can demand the product to be in accordance with the contract. Nevertheless he cannot contest the conformity and put forward a flaw he knew previously or that he could not ignore when dealing. All the same when the flaw is caused by some material provided by himself.
Article L. 217-9 : In case of conformity flaw, the buyer have to choice between a repairing of the product and its exchange. Nevertheless the salesman may not assume the buyer's choice if this choice implies a truly disproportional cost when considering the other possibility and the value of the product or the importance of the flaw. Then, he must do, except if impossibility, along with the other choice.
Article L. 217-10 : If the repairing or an exchange are impossible, the buyer can return the product and be paid back or keep the product and ask for a part of the cost. The same possibility may occurs :
1° - if the solution, wanted, proposed or agreed to apply article L.217-9 cannot be executed within a time of one month following the buyer's claim.
2° - or if this solution cannot be executed without major inconvenient for the buyer, in the light of the product nature or its expected use.
Article L. 217-11 : An application of articles L.217-9 and L. 217-10 cannot be chargeable to the buyer. These measures do not prevent against damages.
Article L. 217-12 : The acting caused by a flaw of conformity is laid down after two years starting at the delivery date.
Article L. 217-13 : the arrangements of the present section do not deprive the buyer of the right to exercise an action as a result of a crippling flaw, applying articles 1641 to 1649 of the civil code. He may also run any other action, contractual or extra-contractual, that is admitted by the law.
Article L. 217-14 : a legal action can be exercised by the final salesman against other successive salesmen/intermediaries, or against the producer of a product, as established by the civil code principles.
Article L. 217-15 : the commercial guarantee includes any contractual commitment of a professional with a consumer in order to pay back at the price of purchase, to make a replacement or to repair a merchandise, and also to effectuate any service related to the product, in addition to his legal obligations to guaranty the product conformity.
The commercial guarantee will be written as a contract, one copy will be presented to the buyer.
The contract specifies the guarantee, how it is applied, its price and running time, its territorial area and the name and address of the guarantor.
In addition it mentions clearly and explicitly that, apart from the commercial guarantee, the salesman is submitted to the legal guarantee for conformity as mentioned at the articles
L.217-4 to L.217-12 and the guarantee against eventual flaws of a sold product in the conditions stipulated at the articles 1641 to 1648 and 2232 of the civil code.
The arrangements of articles L.217-4, L217-5, L.217-12, L.217-16 and article 1641 plus first paragraph of article 1648 of the civil code are completely inserted in the contract.
In case of no-respect of these dispositions, the guarantee stays valid. The buyer has right to put it forward.
Article L. 217-16 : During the commercial guarantee obtained when buying or for a repair of goods, if the buyer asks for a restoration under guarantee, an immobilization time over, at last 7 days, prolongs the remaining time of guarantee consequently.
This period of immobilization starts when the buyer ask the salesman to intervene or when he sets a product at the disposal for repairing, if this disposal is made after asking for an intervention.
Article 1641 : The salesman must guaranty any goods for hidden flaws that make the product unusable for what it was bought, or if these flaws reduce so much this use that the buyer wouldn't have bought it, or had paid much less in case of known flaws.
Article 1648 : In case of crippling flaws, an eventual action must be made by the buyer within a time of two years beginning at the discovery of a flaw. In the case exposed in article 1642-1, the action must start, otherwise the right is no more available, within the year after the date at which the salesman is no more responsible for any flaw.