legal notice
Last updated: February 13, 2023.
A word from the Director, Val de Kumiko matcha:
We are 100% committed to providing you with an excellent customer experience.
If there is anything that did not go well with your order, you can reach me at val@kumikomatcha.fr or at +33 (0)2 14 00 76 27. I will take care of you personally!
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Legal Notice
Publisher:
The kumikomatcha.fr website (hereinafter referred to as the "Site," our "Shop") is published by VALICOM & DECO, a limited liability company with a share capital of €5,000 and its registered office at 38, rue Le Laboureur 95160 Montmorency (France).
Intra-community VAT number: FR 28 794117051
SIRET No.: 794 117 051 00019 RCS de Pontoise
You can contact us by:
Administrator email: val@kumikomatcha.fr
Director of publication:
The publication director is Valentin Van Nhut.
Contact: val@kumikomatcha.fr
Host:
This site is realised by Shopify Inc., whose head office is located at 150 Elgin Street, Suite 800, Ottawa, Ontario K2P 1L4, Canada.
Phone number: +1-888-746-7439.
Terms of Sale
GENERAL TERMS AND CONDITIONS OF SALE AND USE
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OVERVIEW
This website is operated by Kumiko Matcha. The terms "we," "us," and "our" refer to Kumiko Matcha. Kumiko Matcha offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and reviews stated here.
By visiting this site and/or buying one of our products, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Sale," "Terms of Sale and Use," "Terms"), including the additional terms, conditions, and policies referenced herein and/or accessible by hyperlink. These Terms of Sale and Use apply to all users of this site, including but not limited to users who browse the site, who are sellers, customers, merchants, and/or content contributors.
Please read these Terms of Sale and Use carefully before accessing or using our website. By accessing or using any part of this site, you agree to be bound by these Terms of Sale and Use. If you do not agree to all the terms and conditions of this agreement, then you should not access the website or use the services offered on it. If these Terms and Conditions of Sale and Use are considered an offer, acceptance is expressly limited to these Terms and Conditions of Sale and Use.
All new features and tools that will be added to this shop in the future will also be subject to these Terms and Conditions of Sale and Use. You can view the most recent version of the Terms of Sale and Use at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Sale and Use by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our shop is hosted on Shopify Inc. They provide us with the e-commerce platform that allows us to sell our products and services to you.
ARTICLE 1 – TERMS OF USE OF OUR ONLINE SHOP
By accepting these Terms of Sale and Use, you declare that you have reached the age of majority in your country, state, or province of residence, and that you have given us your consent to allow any minor in your care to use this website.
The use of our products for any illegal or unauthorized purpose is prohibited, and you may not, in connection with the use of the Service, violate the laws of your jurisdiction (including but not limited to copyright laws).
You must not transmit worms, viruses, or any other code of a destructive nature.
Any breach or violation of these Terms of Sale and Use will result in the immediate termination of your Services.
ARTICLE 2 – TERMS AND CONDITIONS
We reserve the right to refuse access to the services to anyone at any time for any reason.
You understand that your contents (excluding your credit card information) may be transferred unencrypted, which implies (a) transmissions over various networks; and (b) changes to comply with and adapt to technical requirements for logging in to networks or devices. Credit card information is always encrypted during transmission over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or contact on the website through which the Service is provided, without express prior written permission from us.
The headings used in this agreement are included for your convenience and shall not limit or affect these Terms.
ARTICLE 3 – CHANGES TO THE SERVICE AND PRICES
The prices of our products can be edited without notice.
Obviously, once an order has been confirmed and paid for, the prices of the products in that order will not change.
ARTICLE 4 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through our website. These products or services may be available in limited quantities and may only be returned or exchanged in accordance with our returns policy.
We have done our best to display as clearly as possible the colours and images of our products that appear in our shop. We cannot guarantee that the display of colours on your computer screen will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services we offer. All product descriptions and prices can be edited at any time without notice, at our sole discretion. We reserve the right to discontinue offering any product for sale at any time. Any offer for any product or service made on this site is void where prohibited.
ITEM 5 – ACCURACY OF INVOICING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, at our sole discretion, reduce or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or from the same customer account, the same credit card, and/or orders that use the same billing and/or dispatch address. If we edit or cancel an order, we may attempt to notify you by contacting you at the email address and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be from merchants, resellers, or distributors.
You agree to provide current, complete, and accurate order and account information for all orders placed on our shop. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.
For more details, please see our Returns Policy.
ITEM 6 – OPTIONAL TOOLS
We may provide you with access to third-party tools that we do not monitor, control, or influence.
You recognise and agree that we provide access to such tools "as is" and "as available," without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or related to your use of these optional third-party tools.
If you use the optional tools offered on the site, you do so at your own risk and discretion, and you should review the terms and conditions under which these tools are offered by the relevant third-party provider(s).
We may also offer new services and/or features on our site (including new tools and resources) in the future. These new features and services will also be subject to these Terms of Sale and Use.
ITEM 7 – THIRD-PARTY LINKS
Some contents, products, and services available through our Service may include items from third parties.
Links from third parties on this site may redirect you to third-party websites that are not affiliated with us. We are not responsible for reviewing or evaluating the contents or accuracy of these sites, and we do not provide any warranty or assume any responsibility for any contents, websites, products, services, or other materials accessible on or from these third-party sites.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, contents, or any other transactions made in connection with these third-party websites. Please review the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding the products of these third parties should be directed to those third parties.
ITEM 8 – COMMENTS, SUGGESTIONS, AND OTHER USER PROPOSALS
If, at our request, you submit specific contents (for example, to participate in contests), or if without our request you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by mail, or otherwise (collectively, "comments"), you grant us the right, at any time and without restriction, to edit, copy, publish, distribute, translate, and otherwise use in any media any comments you send us. We are not and shall not be obligated (1) to maintain the confidentiality of any comments; (2) to make payment to anyone for any comments provided; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit, or delete contents that we determine in our sole discretion to be unlawful, offensive, threatening, abusive, defamatory, pornographic, obscene, or otherwise objectionable, or violate any intellectual property rights or these Terms and Conditions of Sale and Use.
You agree to write comments that do not violate the rights of third parties, including copyrights, trademarks, confidentiality, personality, or other personal or property rights. You also agree that your comments will not contain illegal, defamatory, offensive, or obscene contents, nor will they contain computer viruses or other malicious software that could in any way affect the operation of the Service or any other associated website. You may not use a false e-mail address, pretend to be someone you are not, or otherwise cause errors in our understanding of the origin of your comments. You are solely responsible for any comments you post and their accuracy. We assume no responsibility and disclaim all liability for any comments you post or that any other third party posts.
ARTICLE 9 – PERSONAL INFORMATION
The submission of your personal information on our shop is governed by our privacy policy. Click here to view our privacy policy.
ARTICLE 10 – ERRORS, INACCURACIES
There may be times when information on our site or in the Service contains typographical errors or inaccuracies that may relate to product descriptions, prices, promotions, offers, product dispatch charges, delivery times, and availability. We reserve the right to correct any errors or inaccuracies and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate.
ARTICLE 11 – PROHIBITED USES
In addition to the prohibitions set out in the Terms of Sale and Use, you are prohibited from using the site or its contents: (a) for illegal purposes; (b) to incite third parties to realise or participate in illegal acts; (c) to violate any regional ordinance or any international, federal, provincial, or state law, rule, or regulation; (d) to infringe upon or violate our intellectual property rights or those of third parties; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against anyone based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will compromise the functionality or operation of the Service or any other related, independent website or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, domain hijack, phish, crawl, scrape, or harvest information; (j) for obscene or immoral purposes; or (k) to violate or circumvent the security measures of our Service, any other website, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
ARTICLE 12 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Kumiko Matcha, our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your violation of these Terms and Conditions of Sale and Use or the documents they refer to, or your violation of any law or the rights of a third party.
ARTICLE 13 – SEVERABILITY
In the event that any provision of these Terms of Sale and Use is deemed illegal, void, or unenforceable, that provision shall nevertheless be enforced to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms of Sale and Use, such severance shall not affect the validity and enforceability of all other remaining provisions.
ARTICLE 14 – TERMINATION
The obligations and responsibilities incurred by the parties prior to the termination date shall remain in effect after the termination of this agreement for all purposes.
These Terms of Sale and Use are effective unless and until terminated by either you or us. You may terminate these Terms of Sale and Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If we determine, at our sole discretion, that you have failed, or if we suspect that you have been unable to comply with the terms of sale and use, we may also terminate this agreement at any time without notifying you when available, and you will remain liable for all amounts due up to and including the date of termination, and/or we may deny you access to our Services (or any part thereof).
ARTICLE 15 – ENTIRE AGREEMENT
Any failure on our part to exercise or enforce any right or provision of these Terms of Sale and Use shall not constitute a waiver of such right or provision.
These Terms of Sale and Use, or any other policy or operating rule we publish on this site or in relation to the Service, constitute the entire agreement and understanding between you and us and govern your use of the Service, and supersede all prior and contemporaneous communications, proposals, and agreements, prior and contemporaneous, oral or written, between you and us (including, but not limited to, any prior version of the terms of sale and use).
Any ambiguity in the interpretation of these Terms and Conditions of Sale and Use shall not be interpreted to the detriment of the drafting party.
ARTICLE 16 – APPLICABLE LAW
These Terms of Sale and Use, as well as any other separate agreement through which we provide you with Services, shall be governed by and construed in accordance with French law.
ARTICLE 17 – CHANGES TO THE TERMS AND CONDITIONS OF SALE AND USE
You can view the most recent version of the Terms of Sale and Use at any time on this page.
We reserve the right, at our sole discretion, to update, edit, or replace any part of these Terms and Conditions of Sale and Use by posting updates and changes on our site. It is your responsibility to visit our site regularly to check for any changes. Your continued use of or access to our site following the posting of any changes to these Terms and Conditions of Sale and Use constitutes acceptance of those changes.
ARTICLE 18 – CONTACT DETAILS
You can send us your questions about the Terms of Sale and Use to the email address val@kumikomatcha.fr.
ARTICLE 19 – Consumer Mediation Service
My philosophy of customer and community support is to do everything in our power to make your experience positive and satisfying.
I thought I didn't need a mediator, but I learned that it is a legal requirement for any company that sells to "consumers."
Therefore, in accordance with the law, we have subscribed to a consumer mediator. This is a person who is there to settle disputes between professionals (Kumiko Matcha) and consumers (you, our customers) amicably and impartially.
There is a list of choices provided by the government, and I chose to work with Jean-Philippe Duval from "Médiation - vivons mieux ensemble" because he was the one who spoke to me the most and seemed the most "human."
Here is the legal wording for information on the contact details of "Mediation - living better together":
Amicable settlement of disputes between the professional and the consumer in accordance with Items L611-1 to L 641-1 and R 612-1 to R 616-2 of the Consumer Code.
In the event of unresolved disputes between the Professional and the Consumer, the consumer may refer the matter to the consumer ombudsman.
Before contacting the consumer mediator, the consumer must have already attempted to resolve the dispute directly with the professional by means of a written complaint or by making a claim in accordance with the terms of the contract concluded with the professional.
Consumer mediation is an out-of-court settlement of consumer disputes.
If the conditions are met, consumer mediation will take place according to a specific process and in accordance with the applicable laws.
The procedure is free of charge for the consumer (R612-1 of the Consumer Code).
Instructions for contacting the consumer ombudsman:
MEDIATION – LET'S LIVE BETTER TOGETHER
www.mediation-vivons-mieux-ensemble.fr
465 avenue de la Libération 54 000 NANCY
mediation@vivons-mieux-ensemble.fr
Important:
- Never send original documents to the consumer ombudsman. Thank you for making photocopies.
- Never send defective, disputed, or refunded items to the consumer ombudsman.
European online dispute resolution platform:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=FR
val@kumikomatcha.fr
Refund policy
A word from the Director, Val de Kumiko matcha:
We are 100% committed to providing you with an excellent customer experience. If anything went wrong with your order, you can reach me at val@kumikomatcha.fr. I will take care of you personally!
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Refund Policy
We have chosen to be more flexible than the legal 14-day period: our returns and exchanges policy lasts 30 days.
You can submit a refund request or exchange request within 30 days of your purchase. If more than 30 days have passed since your purchase, we unfortunately cannot offer you a refund or exchange.
To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging, accompanied by any accessories, instructions, and documentation. Opened matcha tea tins and packaging cannot be returned.
Withdrawal form:
Items that cannot be returned:
* Gift cards
To make a return, you must provide us with a receipt or proof of purchase and contact us at the following address:
By email: val@kumikomatcha.fr
or by mail:
SAS DAT / SYMPL
PROLOGIS
CELL 9 - platform 96
1 Jules Valles Street
95670 Marly La ville
FRANCE
There are certain situations where only a partial refund is granted: (if applicable)
* Any item that is not in its original condition, is damaged, or has certain parts missing for reasons not attributable to an error on our part.
* Any item that is returned more than 30 days after delivery.
Dispatch
To return a product, please have your order number and the email address to which you received the order confirmation ready. Then obtain a return slip here, print it out and insert it in your package, and finally send your package by post to the following address:
SAS DAT / SYMPL
PROLOGIS
CELL 9 - platform 96
1 Jules Valles Street
95670 Marly La ville
FRANCE
You will be responsible for making the payment for your own dispatch costs to return your item. Dispatch costs are not refundable.
Depending on where you live, the time it takes to receive your exchanged product may vary (usually 3-5 working days for mainland France).
If you are sending an item worth more than €50, you should consider using a delivery service that allows you to track the shipment or purchase delivery insurance. We cannot guarantee that we will receive the item you return to us.
Refunds (if applicable)
Once we have received and inspected the returned item, we will send you an email to confirm that we have received it. We will also inform you of our decision to approve or reject your refund request.
If your request is approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within 14 days.
Late or missing refunds (if applicable)
If you have not yet received your refund, please first notify us at val@kumikomatcha.fr and then check your bank account again.
Then contact your credit card issuer, as there may be a delay before your refund is officially posted.
Then contact your bank. There is often a processing delay before a refund is displayed.
If you have completed all of these steps and still have not received your refund, please contact us at val@kumikomatcha.fr.
Sale items (if applicable)
Only items at regular price can be refunded. Items on sale are non-refundable.
Exchanges (if applicable)
We will replace an item if it is defective or damaged. If in this case you wish to exchange it for the same item, please send us an email at val@kumikomatcha.fr
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