Legal Notice
Last updated: February 13, 2023.
A word from the Director, Val of 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 or at +33 (0)2 14 00 76 27. I will take care of you personally!
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Legal Notice
Publisher:
The website kumikomatcha.fr (hereinafter referred to as the "Site", our "Store") is operated by VALICOM & DECO, SARL with a share capital of 5.000 euros and with its registered office at 38, rue Le Laboureur 95160 Montmorency (France).
Intra-community VAT number: FR 28 794117051
SIRET number: 794 117 051 00019 RCS de Pontoise
You can contact us via:
Administrator's email: val@kumikomatcha.fr
Director of publication:
The director of publication is Valentin Van Nhut.
Contact: val@kumikomatcha.fr
Hosting provider:
This site is hosted by Shopify Inc., whose registered office is located at 150 Elgin Street - Suite 800 - Ottawa (Ontario) K2P 1L4 - Canada.
Phone number: +1-888-746-7439.
Terms and Conditions of Sale
TERMS AND CONDITIONS OF SALE AND USE
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OVERVIEW
This website is operated by Kumiko Matcha. Throughout this site, 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 notices stated here.
By visiting this site and/or purchasing one of our products, you engage in our "Service" and agree to be bound by the following terms ("Terms and Conditions of Sale", "Terms and Conditions of Sale and Use", "Terms"), including those additional terms, conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions of Sale and Use apply to all users of this site, including without limitation users who browse the site, who are vendors, customers, merchants and/or contributors of content.
Please read these Terms and Conditions 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 and Conditions of Sale and Use. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use the services offered through 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.
Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions of Sale and Use. You can review the most current version of the Terms and Conditions of Sale and Use at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions 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 store is hosted on Shopify Inc. They provide us with the e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms and Conditions of Sale and Use, you represent that you are at least the age of majority in your country, state or province of residence, and that you have given us your consent to allow any of your minor dependents to use this website.
You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of these Terms and Conditions of Sale and Use will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting 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 any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
Of course, once an order has been confirmed and paid, the prices of the products in that order will not change.
SECTION 4 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through our website. These products or services may have limited quantities and may only be subject to return or exchange according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear in our store. We cannot guarantee that your computer monitor's display of any color 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 that we offer. All descriptions of products and all product prices are subject to change at any time without prior notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any service or product made on this site is void where prohibited.
SECTION 5 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel the quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. 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 review our Return Policy.
SECTION 6 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge 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 legal liability whatsoever arising from or related to your use of these optional third-party tools.
If you use the optional tools offered through the site, you do so entirely at your own risk and discretion, and you should review the terms on which these tools are offered by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the site (including new tools and resources). These new features and services shall also be subject to these Terms and Conditions of Sale and Use.
SECTION 7 – THIRD-PARTY LINKS
Certain content, products and services available through our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not obligated to review or assess the content or accuracy of these sites, and we do not guarantee and assume no responsibility for any content, website, product, service or other item accessible on or through these third-party sites.
We are not responsible for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with these third-party websites. Please review carefully 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 third-party products should be directed to those same third parties.
SECTION 8 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example, contest entries), or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal 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 medium any comments that you forward to us. We are and shall not be obligated to (1) maintain the confidentiality of any comments; (2) pay compensation to anyone for any comments provided; or (3) respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or that infringes any intellectual property or these Terms and Conditions of Sale and Use.
You agree that your comments will not violate any rights of third parties, including copyright, trademark, privacy, personality or other personal or proprietary rights. You also agree that your comments will not contain any unlawful, defamatory, offensive or obscene material, nor any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us and/or third parties as to the origin of any comments. You are solely responsible for all comments you post and for their accuracy. We assume no responsibility and disclaim all liability for any comments posted by you or by any third party.
SECTION 9 – PERSONAL INFORMATION
Your submission of personal information through our store is governed by our Privacy Policy. Click here to view our Privacy Policy.
SECTION 10 – ERRORS, INACCURACIES
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies that may relate to product descriptions, pricing, promotions, offers, product shipping 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.
SECTION 11 – PROHIBITED USES
In addition to the prohibitions set forth in the Terms and Conditions of Sale and Use, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful 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, any related or independent website, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, extort information, spider, crawl or scrape the web (or any other resource); (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of our Service, any related 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.
SECTION 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 breach of these Terms and Conditions of Sale and Use or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
SECTION 13 – SEVERABILITY
In the event that any provision of these Terms and Conditions of Sale and Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions of Sale and Use; such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 14 – TERMINATION
The obligations and liabilities incurred by the parties prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms and Conditions of Sale and Use are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions 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 judge, in our sole discretion, that you fail, or if we suspect that you have failed, to comply with any term or provision of these Terms and Conditions of Sale and Use, we may also terminate this agreement at any time without prior notice 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).
SECTION 15 – ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms and Conditions of Sale and Use shall not constitute a waiver of such right or provision.
These Terms and Conditions of Sale and Use and any other policies or operating rules posted by us on this site or with respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions of Sale and Use).
Any ambiguities in the interpretation of these Terms and Conditions of Sale and Use shall not be construed against the drafting party.
SECTION 16 – GOVERNING LAW
These Terms and Conditions of Sale and Use, as well as any separate agreements through which we provide you Services, shall be governed by and construed in accordance with French law.
SECTION 17 – CHANGES TO TERMS AND CONDITIONS OF SALE AND USE
You can review the most current version of the Terms and Conditions of Sale and Use at any time on this page.
We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms and Conditions of Sale and Use by posting updates and changes to our site. It is your responsibility to check our site periodically for 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.
SECTION 18 – CONTACT INFORMATION
You can send us any questions regarding the Terms and Conditions of Sale and Use at the email address val@kumikomatcha.fr.
SECTION 19 – Consumer Mediation Service
My philosophy when it comes to supporting our customers and our community is to do everything in our power to make your experience positive and satisfying.
I did not think I would need a mediator, but I learned that it is a legal obligation for any company that sells to "consumers".
So, in accordance with the law, we have registered with a consumer mediator. This is a person whose role is to settle amicably and impartially a dispute between a professional (Kumiko Matcha) and a consumer (you, our customers).
There is a list of options provided by the government, and I chose to work with Jean-Philippe Duval of "Médiation - vivons mieux ensemble" because he was the one who appealed to me most and who seemed the most "human".
Here is the legal information wording regarding the contact details of "Médiation - vivons mieux ensemble":
Amicable settlement of disputes between the professional and the consumer in accordance with articles L611-1 to L 641-1 and R 612-1 to R 616-2 of the French Consumer Code.
In the event of an unresolved dispute between the Professional and the Consumer, the consumer may refer the matter to the consumer mediator.
Before referring the matter to the consumer mediator, the consumer must first have attempted to resolve their dispute directly with the professional through a written complaint or have made a complaint under 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, a consumer mediation will take place according to a specific process and in accordance with the legislation in force.
The procedure is free of charge for the consumer (R612-1 of the French Consumer Code).
Instructions for referring the matter to the consumer mediator:
MEDIATION – VIVONS MIEUX ENSEMBLE
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 mediator. Please make photocopies
- Never send defective, disputed or refund-related items to the consumer mediator
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 of 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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The Refund Policy
We have chosen to be more flexible than the legal 14-day deadline: our return and exchange policy lasts 30 days.
You can request a refund or an exchange within 30 days of your purchase. If more than 30 days have passed since your purchase, unfortunately we cannot offer you a refund or an exchange.
To be eligible for a return, your item must be unused and in the same condition in which you received it. It must also be in its original packaging, along with any accessories, instruction manuals and documentation. Open matcha tea tins and packaging cannot be returned.
Withdrawal form:
Items that cannot be returned:
* Gift cards
To complete a return, you must present 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
CELLULE 9 - quai 96
1 rue Jules Valles
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 is missing parts for reasons not due to our error.
* Any item that is returned more than 30 days after delivery.
Shipping
To return a product, we ask you to have your order number and the email address at which you received the order confirmation ready. Then get a return label here, to print and insert into your package, and finally send your package by post to the following address:
SAS DAT / SYMPL
PROLOGIS
CELLULE 9 - quai 96
1 rue Jules Valles
95670 Marly La ville
FRANCE
You will be responsible for paying your own shipping costs for returning your item. Shipping costs are non-refundable.
Depending on where you live, the time it takes to receive your exchanged product may vary (usually 3-5 business days for Metropolitan France).
If you are shipping an item worth more than 50€, you should consider using a delivery service that lets you track the shipment or purchasing shipping 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 notify you of our decision regarding the approval or rejection of your refund request.
If your request is approved, 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 let us know at val@kumikomatcha.fr, then check your bank account again.
Next, contact your credit card issuer, as there may be a delay before your refund is officially posted.
Next, contact your bank. There is often a processing time required before a refund is posted.
If after completing all these steps you still have not received your refund, please contact us at val@kumikomatcha.fr.
Sale items (if applicable)
Only regular-priced items can be refunded. Sale items are not refundable.
Exchanges (if applicable)
We replace an item if it is defective or damaged. If in this case you wish to exchange it for the same item, send us an email at val@kumikomatcha.fr
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