legal notice
Last updated: 13 February 2023.
A word from the Director, Val from Kumiko Matcha:
We are 100% committed to offering you an excellent customer experience.
If anything did not go well with your order, you can reach me at val@kumikomatcha.fr or on +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 SARL with share capital of 5,000 euros and whose registered office is located at 38, rue Le Laboureur 95160 Montmorency (France).
Intra-Community VAT No.: FR 28 794117051
SIRET No.: 794 117 051 00019 RCS of Pontoise
You can contact us via:
Administrator email: val@kumikomatcha.fr
Publication director:
The publication director is Valentin Van Nhut.
Contact: val@kumikomatcha.fr
Host:
This site is hosted by Shopify Inc., whose registered office is located at 150 Elgin Street - Suite 800 - Ottawa (Ontario) K2P 1L4 - Canada.
Telephone number: +1-888-746-7439.
General Terms and Conditions of Sale
GENERAL TERMS AND CONDITIONS OF SALE AND USE
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OVERVIEW
This website is operated by Kumiko Matcha. On this site, the terms "we", "our" and "us" refer to Kumiko Matcha. Kumiko Matcha offers this website, including all information, all tools and all services available on it to you, the user, subject to your acceptance of all the 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 ("General Terms and Conditions of Sale", "General Terms and Conditions of Sale and Use", "Conditions"), including the additional terms, conditions and policies referenced herein and/or available by hyperlink. These General Terms and Conditions 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 General 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 General Terms and Conditions of Sale and Use. If you do not accept all the terms and all the Conditions of this agreement, then you must not access the website or use the services offered on it. If these General Terms and Conditions of Sale and Use are considered an offer, acceptance is expressly limited to these General Terms and Conditions of Sale and Use.
Any new features and any new tools that are added to this shop in the future will also be subject to these General Terms and Conditions of Sale and Use. You can review the most recent version of the General 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 General Terms and Conditions of Sale and Use by posting updates and/or changes on our website. It is your responsibility to check this page regularly to see whether changes have been made. Your continued use of the website or access to it after the posting of any changes constitutes your acceptance of those changes.
Our shop is hosted on Shopify Inc. They provide us with the e-commerce platform that allows us to sell you our products and services.
ARTICLE 1 – TERMS OF USE OF OUR ONLINE SHOP
By accepting these General Terms and Conditions 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 dependants under your responsibility to use this website.
The use of our products for any illegal or unauthorised purpose is prohibited, and you must not, in the course of using the Service, violate the laws of your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms, viruses or any other code of a destructive nature.
Any breach or violation of these General Terms and Conditions of Sale and Use will result in the immediate termination of your Services.
ARTICLE 2 – GENERAL CONDITIONS
We reserve the right to refuse access to the Services to anyone at any time, for any reason whatsoever.
You understand that your content (excluding your credit card information) may be transferred unencrypted, and this implies (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements for 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 part of the Service or use of the Service, or any access to the Service or contact on the website through which the Service is provided, without our express prior written permission.
The headings used in this agreement are included for your convenience, and will not limit or otherwise affect these Terms.
ARTICLE 3 – CHANGES TO THE SERVICE AND PRICES
The prices of our products may be changed 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)
Some products or services may be available exclusively online on our website. These products or services may be available in limited quantities and may only be returned or exchanged in accordance with our Return 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 your computer screen’s display of any colour will be accurate.
We reserve the right, but are not obliged, to limit the sales of our products or services to any person, and in any geographical region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any product or service that we offer. All product descriptions and all product prices may be changed at any time without prior notice, at our sole discretion. We reserve the right to stop offering a product for sale at any time. Any offer of service or product made on this site is void where prohibited by law.
ARTICLE 5 – ACCURACY OF BILLING 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 under the same customer account, the same credit card, and/or orders that use the same billing and/or delivery address. In the event that we change an order or cancel it, we may attempt to notify you by contacting you at the email address and/or billing address/telephone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgement, may appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete and accurate order and account information for all orders placed on our shop. You undertake to promptly update your account and other information, including your email address, your credit card numbers and expiry dates, so that we can complete your transactions and contact you if necessary.
For more details, please consult our Return Policy.
ARTICLE 6 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we exercise neither monitoring, nor control, nor influence.
You acknowledge and agree that we provide access to such tools “as is” and “as available”, without any warranty, representation or condition of any kind and without any endorsement. We shall have no legal liability arising from or related to the 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 at your own discretion, and you should consult 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 new features on our site (including new tools and new resources). These new features and new services will also be subject to these General Terms and Conditions of Sale and Use.
ARTICLE 7 – THIRD-PARTY LINKS
Certain content, products and services available through our Service may include elements from third parties.
Third-party links on this site may redirect you to third-party websites that are not affiliated with us. We are not required to review or assess the content or accuracy of these sites, and we do not warrant and assume no liability for any content, website, product, service, or other item accessible on or from these third-party sites.
We are not responsible for any injury or damage related to the purchase or use of goods, services, resources, content, or any other transaction carried out in connection with these third-party websites. Please read the third parties’ policies and practices carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding these third parties’ products must be submitted to those same third parties.
ARTICLE 8 – COMMENTS, SUGGESTIONS AND OTHER USER SUBMISSIONS
If, at our request, you submit specific content (for example, to enter competitions), or if without a request from us, you send creative ideas, suggestions, proposals, plans or other materials, whether online, by e-mail, by post, 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 send to us. We are not and shall not be required (1) to maintain the confidentiality of comments; (2) to pay compensation to anyone for any comment provided; (3) to respond to 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, abusive, defamatory, pornographic, obscene or otherwise objectionable, or that infringes any intellectual property or these General Terms and Conditions of Sale and Use.
You agree to write comments that do not violate the rights of third parties, including copyright, trademarks, privacy, personality, or other personal or proprietary rights. You also agree that your comments will not contain unlawful, defamatory, offensive or obscene content, and that they will not contain any computer virus or other malware 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 try to mislead us and/or third parties as to the origin of your comments. You are entirely responsible for all comments that you post and for their accuracy. We assume no responsibility and disclaim any liability for any comment that 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 sometimes be information on our site or in the Service that could contain typographical errors, inaccuracies that may relate to product descriptions, prices, promotions, offers, product shipping charges, delivery times and availability. We reserve the right to correct any error, inaccuracy, and to change or update information or cancel orders, if any information in the Service or on any other associated website is inaccurate.
ARTICLE 11 – PROHIBITED USES
In addition to the prohibitions set out in the General 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 sex, sexual orientation, religion, ethnic origin, 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 affect the functionality or operation of the Service or of any related website, other website, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape (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 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, our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable solicitors’ fees, made by any third party due to or arising out of your breach of these General 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 General Terms and Conditions of Sale and Use is deemed illegal, void or unenforceable, that provision may nevertheless be enforced to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these General Terms and Conditions of Sale and Use; such severance shall not affect the validity and enforceability of any remaining provisions.
ARTICLE 14 – TERMINATION
The obligations and responsibilities undertaken by the parties prior to the termination date shall remain in force after the termination of this agreement and for all purposes.
These General Terms and Conditions of Sale and Use are effective unless and until they are terminated by either you or us. You may terminate these General 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 stop using our site.
If we determine, at our sole discretion, that you fail, or if we suspect that you have been unable to comply with the terms of these General Terms and Conditions of Sale and Use, we may also terminate this agreement at any time without prior notice to you 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 of them).
ARTICLE 15 – ENTIRE AGREEMENT
Any failure on our part to exercise or enforce any right or provision of these General Terms and Conditions of Sale and Use shall not constitute a waiver of such right or provision.
These General Terms and Conditions of Sale and Use, or any other policy or operating rules that we publish on this site or in relation to the Service, constitute the entire understanding and agreement between you and us and govern your use of the Service, and replace all prior and contemporaneous communications, proposals and agreements, whether oral or written, between you and us (including, but not limited to, any prior version of the General Terms and Conditions of Sale and Use).
Any ambiguity as to the interpretation of these General Terms and Conditions of Sale and Use must not be interpreted against the drafting party.
ARTICLE 16 – APPLICABLE LAW
These General Terms and Conditions of Sale and Use, as well as any other separate agreement through which we provide you with Services, shall be governed by and interpreted under French law.
ARTICLE 17 – CHANGES TO THE GENERAL TERMS AND CONDITIONS OF SALE AND USE
You can consult the most recent version of the General 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 General 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 whether changes have been made. Your continued use of, or access to, our site after the posting of any modifications to these General Terms and Conditions of Sale and Use constitutes acceptance of those modifications.
ARTICLE 18 – CONTACT DETAILS
You can send us your questions regarding the General Terms and Conditions of Sale and Use to the email address val@kumikomatcha.fr.
ARTICLE 19 – Consumer Mediation Service
My philosophy regarding support for our customers and our community is to do everything in our power to make your experience positive and satisfying.
I thought I would not 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 subscribed to a consumer mediator. This is a person who is there 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 from "Mediation - let's live better together" because he was the one I related to most and who seemed the most "human".
Here is the legal wording providing information on the contact details of "Mediation - let's live better together":
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 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 already have attempted to resolve their dispute directly with the professional by means of a written complaint, or have made a complaint 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 texts.
The procedure is free of charge for the consumer (R612-1 of the Consumer Code).
Instructions for referring the matter to the consumer mediator:
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 mediator. Please make photocopies
- Never send defective items, disputed items, or items for refund 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 from Kumiko Matcha:
We are 100% committed to offering you an excellent customer experience. If there is anything that did not go well with your order, you can reach me at val@kumikomatcha.eu. I will take care of you personally!
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The Refund Policy
We have chosen to be more flexible than the legal period of 14 days: our returns and exchanges 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 as when you received it. It must also be in the original packaging, accompanied by any accessories, instructions for use and documentation. Opened matcha tea tins and packaging cannot be taken back.
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.eu
or by post:
SAS DAT / SYMPL
PROLOGIS
UNIT 9 - quay 96
1 Rue Jules Vallès
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 that are not due to an error on our part.
* 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 to which you received the order confirmation. Then obtain a returns label here, to print and insert into your parcel, and finally send your parcel by post to the following address:
SAS DAT / SYMPL
PROLOGIS
UNIT 9 - quay 96
1 Rue Jules Vallès
95670 Marly-la-Ville
FRANCE
You will be responsible for paying your own shipping costs for returning your item. Shipping costs are not refundable.
Depending on where you live, the time it may take to receive your exchanged product may vary (generally 3–5 working days for Metropolitan France).
If you are shipping an item worth more than €50, you should consider using a delivery service that allows you to track the shipment or taking out 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 email you to confirm that we have received it. We will also inform you of our decision regarding the approval or rejection of 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 your 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 and then check your bank account again.
Then contact your credit card issuer, as there may be a delay before your refund is officially shown.
Then contact your bank. There is often a processing time required before a refund is shown.
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 items at regular price 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, email us at val@kumikomatcha.fr
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