Terms of service

Introduction

The commercial website www.ctplage-onlineshop.com (hereinafter referred to as the "Website") is an e-commerce website published by CTA Co. Ltd (hereinafter referred to as the "Company"), a joint stock company under Japanese law with a capital of 5,000,000 yen, whose registered office is located at Osaka, Japan, registered at the Registre du Commerce et des Sociétés (French Trade and Companies Registry) via its French branch based in France, whose head office is located at 66 avenue des Champs Elysées, 75008 Paris, France (SIRET n°: 80234587600022).
The Website allows the Company to sell textile products and accessories manufactured by and/or for the Company (hereinafter referred to as the "Products") to non-professionals (consumers) visiting the Website (hereinafter referred to collectively as the "Clients"). For the purposes herein, the Clients and the Company shall be collectively referred to as the "Parties" and individually referred to as a "Party".
It is specified that the Products are reserved for individuals and are exclusively intended for personal use. Under no circumstances may the Products be used by the Clients for professional purposes. In this respect, the Client’s attention is drawn in particular to the fact that the amount of each order shall not exceed one thousand (1000) euros including VAT, and that each order shall not contain the Products of same reference / color / size over five (5). The Company reserves the right to refuse orders exceeding either of these ceilings.
Any order of a Product offered on the Website implies the Client’s acceptance of these conditions of sale. In general, any visit to the Website implies acceptance of these conditions of sale.

Article 1 – Scope

These conditions of sale govern the rights and obligations of the Parties with regard to online sale of the Products offered on the Website; they apply to the exclusion of any other document.
These conditions of sale apply to any Order (as defined below) sent to the Company. Any order thus sent by a Client (as defined below) implies his/her unreserved acceptance of these conditions of sale when the Client has materialized his/her acceptance of these conditions of sale by checking a box next to the words "I have read the Conditions of Sale and I accept them without reservation. (Read the Conditions of Sale)" by placing his/her Order after checking the summary of Order. The Company reserves the right to modify these Conditions of Sale at any time, especially in order to comply with the laws and regulations applicable in the country of residence of the Client. The conditions applicable to each Order shall be those in effect on the date such Order is definitely validated by the Client.

Article 2 – Definition

"Client" means any natural person enjoying legal capacity to enter into a contract who may be qualified as a consumer under the French Consumer Code, i.e. any natural person who is acting for purposes other than his/her commercial, industrial, craft, liberal or agricultural activity.
"Order" means any offer by the Client to purchase any Product offered by the Company on its Website or by any other means, including by direct contact with the Company's sales department.
"Account" means the Client's account through which the Client may place Orders for Products offered for by the Company on its Website.
"Delivery" refers to the handing over of the Products ordered either to the Client or to a third party designated by the Client.
"Product" means all items and accessories offered for sale by the Company on its Website.
"Website" means the website developed by the Company and accessible at http://www.ctplage-onlineshop.com

Article 3. - Orders

3.1 Product description

Only the Products listed on the Website on the day of Client’s visit are offered for sale. Product offers are limited to Metropolitan France (excluding DOM-TOM), including Corsica and Monaco. The offers of Products and prices are valid, within the limits of available stocks, as long as they are displayed on the Website.
In addition to picture showing and illustrating Products offered on the Website, the Client is invited to take look at the description of each Product to know its characteristics.
The essential characteristics of the Product are indicated in its "product sheet". The latter may be modified or deleted by the Company freely, depending on the evolution of its ranges of Products, characteristics of the Products for sale and its stocks.
The availability of the Product is ensured when the Order is confirmed. The Client is informed that a Product chosen by his/her may no longer be available at the time of confirmation due to a concurrent Order placed by a third party. In such a case, the Order confirmation related to the Product in question cannot be given.
Product unavailability is indicated on its "Product" page

3.2 Create a Client Account

To place an order on the Website, the Client need to create his/her Account. To do so, the Client has to fill out information form by letting him/her to be identified, in particular, by providing his/her name, first name, telephone number, e-mail address, billing and delivery address, and the password that he/she has chosen.
To finalize the creation of his/her Account, the Client has to accept the conditions of sale and read the privacy policy of the Website.
The password is personal and confidential. The Client is solely responsible for the use and preservation of his password. The Client undertakes to do everything possible to keep his/her password secret and not to disclose it. In order to preserve the confidentiality of the password, the Client is invited to log out of the Website every time when finishing his/her order.
Any loss or unintentional disclosure of information that could allow a third party to get know about Client's password must be immediately reported to the Company in writing, so that the Company can proceed with a change of identifier and/or password. The Company shall not be liable for any damages arising from the loss or disclosure of a Client's password.
If the Client forgets his/her password, he/she has to indicate it via "Forgot your password? An email to reset password will be sent at the email address indicated in Account information.

3.3 Order process

The client may place an Order from the Product references available on the Company's Website.
Each available Products is shown as such on Product sheet with pictures and description of its main characteristics. The visual of the Product may differ from the presentation since pictures on the Product sheets are given for information purpose, only the description of Product has a contractual character.
The Client selects the Products to buy among those indicated available on the Website by clicking on the "Order" button.
At any stage of Order process, the Client may consult and modify the contents of his/her Order by clicking on the "My basket" button.
Once the Client has selected the Products he/she wishes to purchase and checked the content of his/her Order, he/she may proceed to finalize his/her Order by clicking on the "Finalize my Order" button.
To validate the Order, the Client must log in to his/her Account using his/her e-mail address and password.
To complete and validate the Order, the Client must, after having checked the summary of his/her Order, consulted and accepted the present conditions of sale, enter information required for payment.
The Order shall only be considered definitive and binding once the Order has been validated and the Client has paid the full price. Until the Order is definitively validated, the Client may cancel or modify his/her Order at any time.
Once the Client has validated the Order, it shall be recorded by the Company. A confirmation e-mail shall then be sent to the Client at the address indicated by his/her. The confirmation e-mail shall contain a summary of information concerning the Order.
Between the time when the Client pays for the order and the time when the Company sends the Client the order confirmation e-mail, the Company reserves the right not to accept the order if:

• Order exceeds the purchase limit indicated in the preamble of the present document;
• there exists dispute(s) with the Client;
• there exists outstanding payment in whole or in part by the Client;
• bank refuses to authorize payment made by the Client.

3.4 Order Follow-up

Any modification of an Order made after its validation by the Client shall require the prior written consent of the Company, which may be required to revise the price and timeframe initially agreed if necessary.
Any Order placed in bad faith, any fraud or attempted fraud, or any payment incident relating to an Order may result in the deletion and/or deactivation of the Account concerned and/or the rejection of the Order.

Article 4 – Cooling-off

In accordance with Articles L.221-18 and seq. of the French Consumer Code, the Client has the right to change his/her mind and cancel Order within fourteen (14) calendar days of its Delivery.
When this period expires on a Saturday, Sunday or public holiday, it is extended until the next working day.
Pursuant to Article L.221-28 of the French Consumer Code, the Client may not exercise this right for certain Products, due to their customization or, for software, once they have been unsealed. In any event, these Products shall be specifically identified during the Order summary.
When exercising cooling-off right, the Client may be held liable for any damage to the Product resulting from improper handling other than that required to ascertain the nature, characteristics and proper functioning of the Product.
In particular, the Client undertakes to take particular care with the packaging of the Product returned. Any returned Product must be protected and packaged in its original box and carton and be accompanied by all the accessories present when the package is opened.
If the returned Product has been damaged, the Company reserves the right to deduct the repair costs from the amount to be refunded to the Client.
For administrative purposes, the return of Products must be carried out according to the following procedures:
Client must print an e-mail sent by the Company as a return slip and the carrier's label;
Client must return the Product in its original box(es) inside shipping carton together with return slip and original invoice;
Client must securely close the shipping carton.
The Client has a maximum of fourteen (14) days from the day he/she indicated that he/she wishes to exercise his/her right to return the Products.
The Company will proceed with the reimbursement at the latest within fourteen (14) days from the date of receipt of the Product or the proof of shipment of the Product, whichever comes first.
The Company will use the same means of payment as the one used by the Client for the initial order.
In accordance with Article L.221-23 of the French Consumer Code, the Client shall bear the direct costs of returning the Product(s) purchased.

Article 5 - Prices

The prices listed on the Product pages are quoted in euros, including all applicable taxes in mainland France, but excluding delivery charges. The amount of the delivery charges is automatically calculated for each Order; it is shown on the Order summary, before final validation.
The Company reserves the right to modify prices at any time and without notice.
Nevertheless, the price invoiced and payable by the Client shall be the one in effect when validating the Order. The price to be paid shall not be modified after the Order has been validated by the Client.

Article 6 - Payment

The total amount of the Order (including delivery charges) shall be indicated in the Order summary validated by the Client and paid by him/her during the payment phase, as well as in the summary e-mail sent to him/her.
The Client may pay the Order by credit card.
The Company accepts French CB and Visa bank cards and international Eurocard, Mastercard and American Express bank cards. Any other credit card will be refused.
The payment process is protected by the 3-D Secure protocol. 3-D Secure is a secure payment protocol on the Internet. Deployed under the trade names Verified By Visa and MasterCard SecureCode, 3-D Secure has been developed by Visa and Mastercard to allow merchants to limit the risks of fraud on the Internet, related to identity theft attempts. It consists in ensuring, during each online payment, that the card is used by its real holder.

Article 7 - Delivery - Receipt of the Order

Delivery shall be made to the Client’s home address or to the address specifically indicated by the Client when placing the Order.
The place and date of delivery of the Product(s) shall be specified in the Order Confirmation.
Except in the event of force majeure, if the above-mentioned deadline is exceeded, and after formal notice has been sent by registered letter with acknowledgement of receipt or by e-mail to deliver within a reasonable time and no later than thirty (30) days after the conclusion of the contract for the Order, the Client may ask for rescinding the contract and requesting reimbursement of the price paid, unless the Delivery has taken place in the meantime.
The Company shall refund the total amount paid within fourteen (14) days of the cancellation of the Order.
Upon receipt of the Products, the Client shall check the condition of the packaging, the number and contents of the package(s), as well as the condition of the Products. Consequently, any anomaly concerning the Delivery (damage, missing product compared to the delivery note, damaged packaging, broken products, etc.) must be noted by the Client in the form of clear, precise and complete handwritten reserves on the delivery note and/or transport note in the presence of the carrier.
The Client must, in parallel to the emission of reserves, confirm the anomaly by sending a registered letter with acknowledgement of receipt to the carrier within three days following the delivery in order to confirm the said claims.
A copy of this letter, as well as a copy of the delivery note and/or transport note containing the reservations, must be sent to the Company by registered letter with acknowledgement of receipt as soon as possible for processing.
The Company shall not be held liable for any subsequent change of address by the Client that was not notified in a timely manner or for any error in the Client's contact information provided by the Client at the time of ordering.

Article 8 - Legal guarantees

The Company is bound by the legal guarantee of conformity under the conditions of Articles L.217-4 to L.217-12 of the Consumer Code and the guarantee of hidden defects of the Civil Code under the conditions of Articles 1641 to 1648 and 2232 of the Civil Code.
Within the framework of the legal guarantee, the Client:
has a period of two (2) years from the date of delivery of the Product to act;
may choose between repair or replacement of the Products, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;
is exempted from proving the existence of the lack of conformity of the Products during the twenty-four (24) months following the delivery of the Products.
The Client can decide to implement the guarantee against the hidden defects defined under article 1641 of the civil code. In this case, he can choose between the cancellation of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.

Article 9 - Liability

The Company shall be fully liable to the Client for the proper performance of the obligations arising from the Order.
However, the Company shall not be held liable for any failure to perform or poor performance of any of obligations contained in the Order if such failure or poor performance is attributable either to the Client, or to the unforeseeable and insurmountable failure of a third party involved in the Order, or is the result of an event of force majeure as defined by French law and jurisprudence.
Likewise, the Company shall not be held liable for any damage inherent in the use of the Internet, including but not limited to service interruption, external intrusion or the presence of computer viruses.

Article 10 - Mediation

In accordance with the provisions of Article 612-1 of the Consumer Code concerning the amicable settlement of disputes, the Company is member of the Service of the Mediator of e-commerce of the Federation of e-commerce and distance selling (FEVAD) located at 60 Rue La Boétie - 75008 Paris - https://www.mediateurfevad.fr. After prior written request from Clients to the Company, the Mediation Service may be contacted for any consumer dispute for which no settlement has been reached. To find out how to contact the Mediator :
https://www.mediateurfevad.fr/index.php/espace-consommateur/

In the event that your dispute arises from a national or cross-border online purchase, you can also access the dispute resolution platform set up by the European Commission for consumer disputes arising from an online purchase: https://ec.europa.eu/consumers/odr/

Article 11 - Applicable Law - Jurisdiction

The present conditions of sale are subjected to the French law.
Any dispute relating to these general conditions of sale will be subject to the sole jurisdiction of the French courts, notwithstanding multiple defendants and/or third-party claims, even for emergency proceedings or protective proceedings in summary proceedings or by petition. The competent court in case of dispute will be the one determined by application of article R.631-3 of the Consumer Code.

Article 12 - Customer service

For any information or claim, the Client may contact a Company as follows:
phone: +81-(0)6-6241-7311 (Japan)
email: ctplage@treat-cta.com
in writing: 66 Avenue des Champs Elysées, 75008 Paris France