Terms and Conditions
Legal information and terms and conditions of sale
ARTICLE 1 – Scope of application
1.1 Application of the General Sales Conditions
These General Terms and Conditions of Sale (GTCS) apply when you place an order with the Seller LA MAISON DU KOJI Entreprise Individuelle on its website www.lamaisondukoji.com. The contracts between the Customer / Buyer and LA MAISON DU KOJI Entreprise Individuelle and/or its successors and assigns are binding between the parties. The Buyer acknowledges having read, at the time of his order, the general conditions of sale by checking the box “Accept the general conditions of sale”.
1.2 GSC prevail over any other document
These General Terms and Conditions of Sale are accessible to you at any time on this website and take precedence over any other version or any other contradictory document. The fact that one of the Parties does not claim from the other Party a breach of any of the obligations referred to in these GTC shall not be interpreted for the future as a waiver of the obligation in question.
1.3 Free modification of the GTC
These terms and conditions of sale may be modified as a result of changes to our offers and legislative amendments. In this case, these modifications become applicable as soon as they are put online and cannot be applied to transactions concluded previously.
1.4 Geographical area
For products listed on the www.lamaisondukoji.com site, the delivery address must be located within the geographical area available on this site.
ARTICLE 2 – Orders
2.1 How to place an order
The Buyer wishing to purchase a product or service must
– select the product(s) they wish to purchase and configure them correctly;
– fill in the identification form with all the contact details requested, or give their customer ID if they have one;
– validate the order after checking it;
– make payment in accordance with the terms and conditions;
– confirm the order and payment.
Confirmation of the order implies acceptance of these terms and conditions of sale, acknowledgement of full knowledge thereof, and waiver of the right to invoke one’s own terms and conditions of purchase or any other terms and conditions.
All data supplied and the recorded confirmation shall be deemed proof of the transaction. Confirmation shall constitute signature and acceptance of the operations carried out.
2.2 Verification of registered information
The information that the Buyer registers when placing an order is binding: in case of error in entering the email address concerned, or in case of error in the wording of the Buyer’s contact details, LA MAISON DU KOJI Entreprise Individuelle cannot be held responsible for the non-receipt of the electronic message confirming the Order and/or the resulting delivery difficulties.
2.3 Order confirmation and invoicing
LA MAISON DU KOJI Entreprise Individuelle will send by e-mail confirmation of the registered order. The data recorded by LA MAISON DU KOJI Entreprise Individuelle constitutes proof of the nature, content and date of the order. LA MAISON DU KOJI Entreprise Individuelle will confirm the acceptance of the order to the e-mail address given by the Buyer. The sale will only be concluded upon confirmation of the order.
2.4 Legitimate refusal to sell
LA MAISON DU KOJI Entreprise Individuelle reserves the right to cancel any order from a Buyer who has not paid his subscription, or with whom there is a dispute concerning the payment of a previous order that has not been resolved.
ARTICLE 3 – Rates
3.1 Prices applicable at the time of purchase
Prices are expressed in Euros, exclusive of VAT.
LA MAISON DU KOJI Entreprise Individuelle reserves the right to modify its prices at any time, it being understood however that the price appearing in the catalog on the day of the order will be the only one applicable to the Buyer.
Unless otherwise stated, prices do not include shipping and delivery costs. These costs are calculated according to the weight of the package, the carrier and the geographical location selected by the Buyer.
Only the price in force at the time of purchase is applicable. In other words, if the Buyer subsequently notices an exceptional promotion on a product, he/she will not be able to benefit from it.
ARTICLE 4 – Terms of payment
4.1 Means of payment
All orders are payable in euros. Payment is made by credit card.
The Buyer guarantees LA MAISON DU KOJI Entreprise Individuelle that he/she is fully authorized to use the payment card for the payment of his/her order and that his/her means of payment legally give access to sufficient funds to cover all costs resulting from his/her order on the website www. lamaisondukoji.com. Payment by credit card is debited immediately upon ordering. Payments made by the Buyer will not be considered final until payment has been received in full, and products will not be dispatched until the Seller has received payment in full.
4.2 Payment with order
All items and products on the lamaisondukoji.com website must be paid for in full and in one instalment at the time of ordering.
ARTICLE 5 – Delivery
5.1 Delivery times
Deliveries are made to the address indicated on the order form, which can only be in a geographical area available on the www.lamaisondukoji.com website.
Delivery times will be communicated to the Purchaser by e-mail once the order has been processed.
Indicative delivery times:
-France: 4 to 20 days from order date
Delivery times are given as an indication only; if they exceed thirty days from the order date, the sales contract may be cancelled and the Purchaser reimbursed.
5.2 Delivery charges
Unless otherwise stated, the prices indicated do not include delivery and transport costs. Delivery charges are calculated according to the weight of the parcel, the carrier and the geographical location selected by the Buyer. The price of delivery will be specified to the Purchaser prior to order confirmation.
The risks are borne by the Buyer from the moment the products have left the premises of LA MAISON DU KOJI Entreprise Individuelle. In the event of damage during transport, a justified protest must be made to the carrier within three days of delivery.
Except in special cases or when one or more products are unavailable, all products ordered will be delivered at once.
In all cases, if the parcel is returned to the sender because he/she has given incorrect postal details, the second delivery will be made at the Buyer’s expense. In this case, if the parcel is sent back to the sender, it will no longer be sent back to the Buyer and the amount corresponding to this order, including any additional delivery charges, will remain the property of LA MAISON DU KOJI Entreprise Individuelle.
5.3 Verification by the Buyer
Delivery is deemed to have taken place as soon as the ordered products have been handed over by the Seller to the Buyer. LA MAISON DU KOJI Entreprise Individuelle asks its Buyers to check the condition of the orders upon receipt.
The risks are the responsibility of the Buyer from the moment the products have left the premises of LA MAISON DU KOJI Entreprise Individuelle. In the event of damage during transport, a justified protest must be made to the carrier within three days of delivery.
5.4 Unavailability of goods ordered
In accordance with article L.121-20-3 of the French Consumer Code, in the event of non-execution of the order resulting from the unavailability of the ordered good, the consumer will be informed of this unavailability and will be reimbursed without delay and at the latest within thirty days of payment of the sums paid. LA MAISON DU KOJI Entreprise Individuelle may provide a good of equivalent quality and price with the agreement of the Buyer and in this case, the return costs will be paid by LA MAISON DU KOJI Entreprise Individuelle.
ARTICLE 6 – Right of withdrawal and return policy
6.1 Right and period of withdrawal
In accordance with the law in force, the individual customer who purchases a good from the lamaisondukoji.com website has a withdrawal period of 14 clear days from receipt of the good in question.
Any request for retraction must be made within the legal time limit by sending an e-mail to lamaisondukoji@laposte.net.
6.2 Proof of compliance with the withdrawal period
In the event of a dispute with LA MAISON DU KOJI Entreprise Individuelle, it is up to the Buyer to prove that the legal withdrawal period has been respected. The Buyer must keep any trace, (email, postal receipt), that can prove the respect of the withdrawal period.
6.3 Product return
LA MAISON DU KOJI Entreprise Individuelle may provide a product of equivalent quality and price with the agreement of the Buyer and in this case, the return shipping costs will be paid by LA MAISON DU KOJI Entreprise Individuelle.
If no agreement is found between the Buyer and LA MAISON DU KOJI Entreprise Individuelle, the return costs will be charged to the Buyer. The Buyer has 14 clear days from the date of withdrawal to return the goods to LA MAISON DU KOJI Entreprise Individuelle.
6.4 Refund period and method
LA MAISON DU KOJI Entreprise Individuelle has a legal period of 14 days from the date of the retraction request to reimburse the customer. No refund will be made if the customer has not respected the withdrawal period and as long as the goods have not been returned to LA MAISON DU KOJI Entreprise Individuelle.
LA MAISON DU KOJI Entreprise Individuelle will propose a refund in the form of a credit note or an exchange to the customer. If the customer refuses a refund in the form of a credit note or exchange, the refund will be made by bank transfer directly to the customer’s account.
6.5 Exception to the right of withdrawal for orders of food products.
As an exception to the provisions of article L 121-20 of the French Consumer Code, the Buyer does not have a right of withdrawal following receipt of orders for food products. Indeed, in accordance with the law, this right cannot be exercised for edible goods for reasons of hygiene and safety. Therefore, food products received cannot be returned.
ARTICLE 7 – Seller’s liability
7.1 Legal warranties
Products supplied by the Vendor are covered by the following legal provisions,
– the legal guarantee of conformity,
– the legal warranty against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and rendering them unfit for use.
A hidden defect is a manufacturing fault which only becomes apparent after the sale of the goods.
7.2 Legal warranties
In order to assert your rights, the Buyer must inform the Vendor, in writing, of the existence of the defects or lack of conformity within the legal time limit as of their discovery. The Vendor will replace defective or non-conforming products.
7.3 Exclusion of warranty in the event of fault on the part of the Buyer or force majeure
Any warranty is excluded in the event of misuse, negligence or lack of maintenance on the part of the Buyer, as well as poor storage conditions. The Seller’s warranty is limited to the replacement or reimbursement of non-conforming or defective products. The Vendor shall not be held liable or in default for any delay or non-performance resulting from the occurrence of a case of force majeure as usually recognized by French case law.
7.4 Conformity of products to visual photographs
In addition, visual differences may exist between the product presentation photographs and the products received, due in particular to the technical hazards of the digitization process. However, these differences do not give rise to claims for compensation, provided they are not such as to mislead the consumer as to the nature and characteristics of the products.
7.5 Browsing and security
In order to make the best use of our services, we recommend that you regularly update your browsers and install anti-virus software. You are also advised to keep your personal information (password, login, credit card number) confidential, and not to divulge it to any third party. LA MAISON DU KOJI Entreprise Individuelle cannot be held responsible if this information is used due to your own negligence.
7.6 Customer account deactivation
If the Buyer does not respect his contractual obligations, if he does not honor the payment of his order, or if he commits a serious wrongful act likely to prejudice LA MAISON DU KOJI Entreprise Individuelle, the latter reserves the right to cancel his account. In any case, LA MAISON DU KOJI Entreprise Individuelle retains the right to take legal action even after the account has been terminated, if the aforementioned actions give LA MAISON DU KOJI Entreprise Individuelle the right to take legal action. Finally, LA MAISON DU KOJI Entreprise Individuelle reserves the right to refuse any order from a customer with whom such a dispute exists, even if the customer uses a new account.
ARTICLE 8 – Data protection
8.1 Personal data declared to the CNIL
LA MAISON DU KOJI Entreprise Individuelle records all transactions made on its website, and these records constitute proof of all your purchases. In application of law 78-17 of January 6, 1978, it is reminded that the nominative data requested from the Buyer are necessary for the processing of his order and the establishment of invoices. The processing of information communicated via the Vendor’s site has been declared to the CNIL on 14.02.14.
8.2 CommunicationExchanges between the Customer and LA MAISON DU KOJI Entreprise Individuelle are carried out mainly by electronic means, in order to keep a written trace, as proof, of our exchanges.
8.3 Verification, rectification and modification of personal data
In accordance with current national and European regulations, the Buyer has a permanent right of access, modification, rectification and opposition with regard to information concerning him or her. To do so, please contact the Vendor at lamaisondukoji@laposte.net. The Seller wishes to point out that the personal information collected is used only by LA MAISON DU KOJI Entreprise Individuelle, and is not sold to third parties. It is used for no other purpose than to carry out its delivery service.
ARTICLE 9 – Intellectual property
The content of the website, in particular the graphic charter, logo, photos, illustrations, diagrams, videos and recipes produced by LA MAISON DU KOJI Entreprise Individuelle are the property of the Seller and its partners and are protected by French and international laws relating to intellectual property. Any total or partial reproduction of this content is strictly forbidden and may constitute an infringement of copyright. Consequently, the Customer is prohibited from reproducing or exploiting the editorial content, photographs, product sheets and videos of the lamaisondukoji.com website.
ARTICLE 10 – Applicable law – Language
These GTC are governed by and subject to French law. They are written in French and English. In the event of translation into one or more languages, the French text shall prevail in the event of litigation.
ARTICLE 11 – Customer service
In order to prevent any possible disputes, LA MAISON DU KOJI Entreprise Individuelle will set up a “customer service”, which you can contact via the e-mail form at the following address: lamaisondukoji@laposte.net. All customer requests will be dealt with as quickly as possible, and we will endeavor to provide the most appropriate response.