Terms of Sales

Effective as of 04/03/2022


ARTICLE 1 - Scope

These General Conditions of Sale (known as "GTC") apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers ("Customers or the Customer"), wishing to acquire the products offered for sale (“The Products”) by the Seller on the site https://candysan.com/. The Products offered for sale on the site are as follows:

Food and drinks

The main characteristics of the Products are presented on the site https://candysan.com/ which the customer is required to read before ordering.

The choice and purchase of a Product are the sole responsibility of the Customer over the age of 18 and having full legal capacity.

Product offers are valid within the limits of available stocks, as specified when placing the order.

These GCS are accessible at any time on the site https://candysan.com/ and will prevail over any other document.
The Customer declares to have read these GCS and to have accepted them by checking the box provided for this purpose before the implementation of the online ordering procedure on the https://candysan.com/ site.

Unless proven otherwise, the data recorded in the Seller\'s computer system constitutes proof of all transactions concluded with the Customer.

The Seller\'s contact details are as follows:

Company name: Here Japan co.,ltd
Forme juridique: KABUSHIKI GAISHA
Capital social : 1 000 000¥
Siège social: TOKYO-TO-KATSUSHIKA-KU, KAMAKURA, 4-18-2, JAPAN
RCS : NC
REGISTRATION NUMBER : 1011801029960
No. TVA: NC
Mail :

service.client@candysan.com

The Products presented on the site https://candysan.com/ are offered for sale in the following countries (non-exhaustive list and subject to change): Metropolitan France, Belgium, Switzerland, Luxembourg, Germany, Spain, Italy, Holland, Australia, New Zealand, USA and Canada.

The Customer is the importer of the Product(s) concerned.

Customs duties or other local taxes or import duties or state taxes may be payable. They will be charged to and are the sole responsibility of the Client.


ARTICLE 2 – Price

The Products are supplied at the current prices appearing on the site https://candysan.com/, when the order is registered by the Seller.

Prices are expressed in Yens, including VAT.

The prices take into account any reductions that may be granted by the Seller on the site https://candysan.com/.

These prices are firm and non-revisable during their period of validity but the Seller reserves the right, outside the period of validity, to modify the prices at any time.

Prices do not include processing, shipping, transport and delivery costs, which are invoiced in addition, under the conditions indicated on the site and calculated prior to placing the order.

The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.


ARTICLE 3 – Orders

It is up to the Customer to select on the site https://candysan.com/ the Products that he wishes to order, according to the following methods:

The customer chooses a product that he puts in his basket, product that he can delete or modify before validating his order and accepting these general conditions of sale. He will then enter his postal address. After validating the information, he will access a secure payment portal. Once payment is finalized, the order will be considered final.

Product offers are valid as long as they are visible on the site, within the limits of available stocks.

The sale will only be considered valid after full payment of the price. It is the Customer\'s responsibility to verify the accuracy of the order and to immediately report any errors.

Any order placed on the site https://candysan.com/ constitutes the formation of a contract concluded at a distance between the Customer and the Seller.

The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.


ARTICLE 4 - Terms of payment

The price is paid by secure payment, according to the following terms:
- Payment by credit card (via Stripe)
- Payment by Paypal: to do this, the customer must accept the general conditions of use of Paypal.

The price is payable in cash by the Customer, in full on the day the order is placed.

Payment data is exchanged in encrypted mode using the protocol defined by the approved payment provider involved in banking transactions carried out on https://candysan.com/.

Payments made by the Customer will only be considered final after effective collection by the Seller of the sums due.

The Seller will not be required to deliver the Products ordered by the Customer if the latter does not pay the full price under the conditions indicated above.


ARTICLE 5 – Deliveries

Orders are transported by DHL.

The products are delivered to the delivery address notified by the customer. The delivery date may vary depending on preparation and shipping times. Delivery times are calculated in working days and cannot exceed 20 days.

Attention: problems related to a delay in delivery by DHL, despite the additional cost of the express offer, cannot give rise to any compensation or support from Ici Japon co.,ltd (in particular a refund shipping costs).

Delivery times are extended by 10 working days in the event of an order with personalization.

NB: the delivery address indicated by the buyer is under his sole responsibility and Ici Japon co.,ltd disclaims all responsibility in the event of an error on it. In the case of a shipment of parcels to the address indicated by the buyer and that it is false (lack of information, NPAI) and returned to the sender, Ici Japon co.,ltd will refund the amount of the order DEDUCTED SHIPPING COSTS (which remain the responsibility of the buyer). In the event that the customer has ordered a Pack with postage included, the postage deducted will be €20. The customer can therefore reorder on the site by respecting the standard process and by carefully checking the delivery address indicated.

NB 2: Ici Japon co.,ltd strives to offer the lowest cost available for its delivery costs. Nevertheless, some costs are incompressible and are distributed as follows:

- Service provision (handling, parcel preparation, order tracking, management of returns and after-sales service)
- Payment for shipping with the chosen carrier (different depending on the weight, size and/or final destination of the order)

These delivery costs are necessary to offer you the best quality of service possible in the management of your orders.

Delivery is constituted by the transfer to the Customer of physical possession or control of the Product. Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one go.

The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the deadlines specified above. However, these deadlines are given for information only.

The Customer is required to check the condition of the products delivered. He has a period of 15 days from delivery to make complaints by email, accompanied by all the supporting documents relating thereto (photos in particular). After this period and failing to comply with these formalities, the Products will be deemed to be compliant and free from any apparent defect and no complaint can be validly accepted by the Seller.

The Seller will refund or replace as soon as possible and at its own expense, the Products delivered whose lack of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in articles L 217-4 and following of the Consumer Code and those provided for in these T&Cs.

NB 3: for any gift card order, the Customer will receive a unique code at the email address indicated by him. This code will be valid for 1 year from the date of order.

In the event of a problem or loss of the code, the Customer may contact the Seller by email at:service.client@candysan.com.


Gift cards cannot be exchanged or refunded. Shipping costs will not be applied for this Product.


ARTICLE 6 - Transfer of ownership

The transfer of ownership of the Products from the Seller to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of the said Products.


ARTICLE 7 - Right of withdrawal

According to the terms of article L221-18 of the Consumer Code, "The consumer has a period of fourteen days to exercise his right of withdrawal from a contract concluded at a distance, following a canvassing by telephone or off-site, without having to justify its decision or bear any costs other than those provided for in Articles L. 221-23 to L. 221-25.
The period mentioned in the first paragraph runs from the day:
1 - From the conclusion of the contract, for contracts for the provision of services and those mentioned in Article L. 221-4;
2 - From the receipt of the goods by the consumer or a third party, other than the carrier, designated by him, for contracts for the sale of goods. For contracts concluded off-premises, the consumer may exercise his right of withdrawal from the conclusion of the contract. In the case of an order relating to several goods delivered separately or in the case of an order for a good made up of batches or multiple parts whose delivery is staggered over a defined period, the period runs from receipt of the last good or lot or of the last piece. For contracts providing for the regular delivery of goods during a defined period, the period runs from the receipt of the first good. »

Regarding the effects of withdrawal, the Seller will reimburse the Customer for all payments received plus delivery, without undue delay and, in any event, no later than 14 days from the day on which the Seller is informed of the Customer\'s decision to withdraw from this contract.

The Product must be in its packaging in perfect condition and ready to be marketed again. Return costs remain the responsibility of the customer. The site https://candysan.com/ reserves the right to refuse any request for reimbursement that is abusive or initiated outside the deadlines.

Return costs remain the responsibility of the customer.

The right of withdrawal can be exercised by email, at the following address:service.client@candysan.com 


ARTICLE 8 - Liability of the Seller - Warranties

The Products supplied by the Seller benefit from:

The legal guarantee of conformity, for Products that are defective, spoiled or damaged or that do not correspond to the order,
The legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and rendering them unfit for use,
Provisions relating to legal warranties

Article L217-4 of the Consumer Code
“The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility. »

Article L217-5 of the Consumer Code
“The property is in accordance with the contract:
1 - If it is specific to the use usually expected of a similar good and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;

2 - Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller\'s attention and which the latter has accepted. »

Article L217-12 of the Consumer Code
“The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. »

Article 1641 of the Civil Code.
"The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or I would have paid a lesser price for them, if he had known them. »

Article 1648 paragraph 1 of the Civil Code
“The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. »

Article L217-16 of the Consumer Code.
The Seller will reimburse or replace or the Products found to be non-compliant or defective.

Shipping costs will be reimbursed on the basis of the invoiced rate and return costs will be reimbursed on presentation of receipts.

Refunds, replacements or repairs of Products deemed non-compliant or defective will be made as soon as possible and at the latest within 10 days following the Seller\'s finding of the lack of conformity or the hidden defect. This refund may be made by the means of payment originally used by the Customer when placing the order.
The responsibility of the Seller cannot be engaged in the following cases:
Non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to verify.

In the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the Product, accident or force majeure.

The photographs and graphics presented on the site are not contractual and cannot engage the responsibility of the Seller.

The Seller\'s warranty is, in any event, limited to the replacement or reimbursement of non-compliant Products or Products affected by a defect.


ARTICLE 9 - Personal data

The Customer is informed that the collection of his personal data is necessary for the sale of the Products by the Seller as well as their transmission to third parties for the purpose of delivery of the Products. These personal data are collected only for the execution of the sales contract.


9.1 Collection of personal data

The personal data collected on the https://candysan.com/ site are as follows:

Product Order

When ordering Products by the Customer:

Surname, first name, postal address, e-mail address, telephone.


Payment

As part of the payment of the Products offered on the site https://candysan.com/, this one records financial data relating to the bank account or the credit card of the Customer / user.


9.2 Recipients of personal data

Personal data is reserved for the sole use of the Seller and its employees.


9.3 Data controller

The data controller is the Seller, within the meaning of the Data Protection Act and from May 25, 2018 of Regulation 2016/679 on the protection of personal data.


9.4 Limitation of processing

Unless the Customer expresses his express agreement, his personal data is not used for advertising or marketing purposes.


9.5 Security and privacy

The Seller implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.


9.6 Implementation of Customer and user rights

In application of the regulations applicable to personal data, Customers and users of the https://candysan.com/ site have the following rights:

They can update or delete the data concerning them as follows: send an email toservice.client@candysan.com.


They can exercise their right of access to know the personal data concerning them by writing to the address indicated in article 9.3 "Data controller".

If the personal data held by the Seller is inaccurate, they may request that the information be updated by writing to the address indicated in article 9.3 "Data controller".

They may request the deletion of their personal data, in accordance with the applicable data protection laws, by writing to the address indicated in article 9.3 "Data controller".

They can also request the portability of the data held by the Seller to another service provider.

Finally, they can object to the processing of their data by the Seller
These rights, provided they do not conflict with the purpose of the processing, may be exercised by sending a request by post or e-mail to the Data Controller whose contact details are given above.

The controller must provide a response within a maximum of one month.

In the event of refusal to grant the Customer\'s request, the latter must be motivated. The Customer is informed that in the event of refusal, he may lodge an appeal with the CNIL (3 place de Fontenoy, 75007 PARIS) within the framework of his right of opposition, or seize a judicial authority.

The Customer also has the option of contacting the CNIL without contacting the Seller beforehand.


ARTICLE 10 - Intellectual property

The content of the https://candysan.com/ site is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.

Any total or partial reproduction of this content is strictly prohibited and is likely to constitute an offense of counterfeiting.


ARTICLE 11 - Applicable law - Language

These T&Cs and the resulting operations are governed by and subject to French law.

These T&Cs are written in French. In the event that they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.


ARTICLE 12 – Disputes

For any complaint, please contact customer service at the Seller\'s postal or email address indicated in ARTICLE 1 of these GCS.

The Customer is informed that he may in any case resort to conventional mediation, with existing sectoral mediation bodies or to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute.

The Client is also informed that he can also use the Online Dispute Resolution (RLL) platform:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show

All disputes to which the purchase and sale transactions concluded in application of these GCS and which have not been the subject of an amicable settlement between the seller or by mediation, will be submitted to the competent courts under the conditions of law. common.


ARTICLE 13 – After-sales service

For any questions, you can contact the Seller from the "Contact" tab located in the main menu of the site https://candysan.com/.


Bank charges

It appears that some banks apply transaction fees, which vary depending on the institution and the amount of the transaction. These are therefore fees that your bank has applied.

We\'re working with our partners to make these fees go away, but at this time we don\'t have solutions to prevent them. We apologize for any inconvenience caused,