TERMS OF USE

The general terms and conditions of sale govern the relationship between japanguitar-handmade and any customer placing an order on the website japanguitar-handmade.com or by phone. Any customer placing an order with japanguitar-handmade acknowledges having read and accepted the general terms and conditions of sale without any reservation.

2 – Price and Taxes

The price stated on the japanguitar-handmade website at the time of the order is the price that will be confirmed during payment, except in cases of force majeure.

The cases of force majeure that may cancel a price listed on the website are defined as:

  • Inadvertent input error resulting in a loss-making sale for japanguitar-handmade.

  • Computer problem causing an incorrect price to appear.

In such cases, japanguitar-handmade undertakes to contact the customer to inform them of the problem and request their prior agreement for billing at a price different from the one shown on the website at the time of the order. The customer will have the choice to confirm their agreement or cancel their order.

Prices are in euros and include the French VAT of 20%.

The delivery fees to Germany, Spain, Italy, Belgium, and Luxembourg are subject to a flat rate regardless of the order amount.

japanguitar-handmade reserves the right to modify its prices without prior notice. The prices displayed on the website are valid for mainland France. For any other country, the customer can directly contact japanguitar-handmade to ensure the applicable price for their own country. For overseas territories and countries outside the European Union, prices will automatically be confirmed excluding taxes, and the shipping cost will be subject to a special quotation subject to the customer's written confirmation before dispatch, via email. Any unpaid duties and taxes directly to japanguitar-handmade, such as VAT, local customs duties, or taxes, will be the responsibility of the customer upon delivery.

The photos displayed on the japanguitar-handmade website for "Stock France" are contractual, while they are not contractual for Bacchus, Momose, Seventy presentations. Any color indications provided for the products are purely informative and may not fully reflect the actual color of the product.

Order: If the product is not in stock, the customer may request japanguitar-handmade to place an order in Japan. In this case, the customer will no longer be eligible for the 14-day satisfaction guarantee provided by the Consumer Code in accordance with the Hamon Law, even if the instrument is still in Japan. Upon the customer's request, japanguitar-handmade may propose an instrument in stock of equivalent or higher value.

Items on sale, promotion, or in stock B are not refundable or exchangeable. However, depending on the stock availability, japanguitar-handmade reserves the right to offer an alternative, such as store credit for an equivalent or more expensive product.

All products sold on the japanguitar-handmade website comply with Article L111-1 of the Consumer Code.

3.1 – Delivery

We deliver to mainland France, Corsica, overseas territories, European Union, and all other countries worldwide.

Delivery is carried out by professional carriers qualified according to the type and volume of products to be transported.

The delivery times indicated on the website are provided for reference only and cannot be considered as a commitment or contract, as japanguitar-handmade relies on the information provided by its suppliers.

The delivery will be made to the address indicated by the customer, who agrees to receive the ordered product(s). The customer cannot change the destination or delivery location without our prior agreement. It may happen that the delivery company delivers to a neighbor or a person in your vicinity who accepts the delivery on your behalf.

For security or weight/volume reasons, it is possible that a single order may be shipped in multiple separate packages. Therefore, delivery may be made in several shipments, on different days.

The customer agrees to enter the complete delivery address in the provided form when placing the order on the website. In case of an error or incomplete address used for shipment, japanguitar-handmade denies any responsibility.

Delivery is considered completed by japanguitar-handmade when the package(s) are handed over to the carrier.

For shipments to countries listed in the account form, please contact us.

Packages are transported at your own risk, not ours.

Delivery does not include device setup.

Deliveries are made to the delivery address indicated by the customer. Our carriers are authorized to leave the packages against your signature, on the ground floor in front of your house or at the entrance of your building.

It is the buyer's responsibility to take the necessary measures to ensure the successful execution of the delivery (considering the devices' size in relation to accessibility). In case of difficulties, the buyer must arrange for any exceptional service at their own expense.

japanguitar-handmade informs its customers, for reference purposes, that the package should be opened and its contents checked before signing the delivery receipt.

Receiving Packages

Upon receiving the packages, it is your legal and contractual obligation to:

  • Verify the conformity of the reference(s).

  • Check the contents of the packages.

  • Check the physical condition of the packages.

In case of doubt or apparent damage, REFUSE the goods by issuing written and detailed reservations, clearly stating the date, on the carrier's delivery receipt.

CAUTION: The phrase "Subject to Unpacking" has no legal value! Only damages mentioned will be considered as existing at the time of delivery.

The legislation regarding the transportation of goods is very precise. Therefore, you are invited to check the goods BEFORE signing the delivery receipt.

Under no circumstances can the carrier obstruct the right to inspect the goods. If the carrier opposes it, you are justified in refusing the receipt of the goods and noting it explicitly on the delivery receipt.

Any goods accepted without reservation or, in other words, with reservations of no significance, such as "Subject to Unpacking," etc., are considered received as compliant, extinguishing any action against the carrier (cf. Article 105 of the Commercial Code).

However, the recipient has three days after delivery (excluding public holidays) to notify the carrier by registered letter of any motivated protest leading to a possible judicial expertise.

In case you are absent on the day of delivery, the delivery person will leave a notice. You simply need to contact the transport company to arrange a new appointment.

Returns:

You have a minimum of 14 days to change your mind about your purchase.

If you are not satisfied, you must notify us by email at the following address: [email protected] and return the product in its original packaging, with all its parts, in a new condition, to the following address: Made in Baden SAS, 7 rue du commandant Charcot 56870 Baden.

Once you have informed us of your intention to return the product, you have a maximum of 14 days to return the package (legal deadline). The cost of returning the product will be at your expense. If you exceed this deadline, we will no longer be able to accept the return of the instrument.

If the product is not in accordance with your order, the return shipping cost will be covered by japanguitar-handmade.com.

In both cases, the content travels at your own risk. Upon receiving the package, it will be inspected in front of the carrier. If the product is not in the same condition as when it was originally shipped, it may be rejected and returned to you.

Instruments sold in stock B are neither returned nor exchanged.

For deliveries outside the European Economic Area (EEA), if the customer wishes to exercise their right to change their mind and return the product, the cost of the outbound transport will be deducted from the refund. A copy of the outbound transport invoice will be provided to the customer by Japanguitar-handmade.com as proof. The customer will also be responsible for returning the product at their own expense.

3.2 – Carriers

Any participation fees for package preparation and shipping imply that the customer has the choice of the carrier through which they wish to be delivered.

Conversely, if no preparation and shipping cost is requested, japanguitar-handmade reserves the right to choose the most appropriate mode of transport.

It is the buyer's responsibility to contact the japanguitar-handmade team after placing the order if they wish to be delivered by a specific carrier.


4 – Payment

B) Payment by Bank Check This payment method is only available for mainland France. The check, which must be in Euros, must be received no later than 5 days after placing the order on the website. The delivery time indicated on the website will only start after the check is cashed by japanguitar-handmade, usually within 48 hours of receiving it. The customer must clearly indicate their customer number and the full name of the person who placed the order and corresponds to the delivery address on the back of the check. The check must belong to the person to whom the delivery is made. If a check is received that does not belong to the intended recipient, it will be destroyed, and the relevant judicial authorities will be informed.

The shipment of any order will only be made once the check has been cashed and accepted by japanguitar-handmade's bank. The check must be made payable to Made in Baden. In the case of a bounced check, legal proceedings will be initiated against the person concerned. japanguitar-handmade reserves the right to request 2 forms of identification for any received check.

C) Payment by Bank Transfer Bank transfer is accepted for orders with a minimum amount of 10 euros. The payment must be received in japanguitar-handmade's account before the order is shipped. If payment is not received within 5 days, japanguitar-handmade will be obliged to cancel the order without prior notice. The customer acknowledges that a minimum processing time for transferring funds from one account to another is always to be expected, which delays the shipment of their order accordingly.

ONEY x PAYPLUG GENERAL TERMS AND CONDITIONS OF SALE. "3X 4X WITH FEES Payment of your order in 3 or 4 installments by credit card from €100 to €3000 with Oney Bank. Our partner Oney Bank offers you a financing solution called 3x 4x Oney, which allows you to pay for your purchases from €100 to €3000 in 3 or 4 installments with your credit card. Conditions: This offer is reserved for individuals (adult natural persons) residing in France and holding a Visa or MasterCard credit card with a validity date greater than the chosen financing period. Cards with systematic authorization, including Electron, Maestro, Nickel, etc., as well as e-cards, Indigo cards, and American Express cards are not accepted. Subscription terms: After completing your order, simply click on the "3x 4x Oney payment by credit card" button. You will then be redirected to our partner's 3x 4x Oney webpage displaying the detailed summary of your order and the personalized financing request, which you must then validate. You enter your personal information or, if you have a 3x 4x Oney account, you log in using the login credentials associated with your 3x 4x Oney account. You review the general conditions of payment in installments that you wish to subscribe to, which are provided to you in PDF format for reading, printing, and saving before accepting them. You then electronically notify your acceptance by checking the corresponding checkbox. You acknowledge that the "double-click" associated with the checkbox on acknowledging the general conditions constitutes consent to enter into a contract and constitutes an irrevocable and unconditional acceptance of the general conditions of the product. Unless proven otherwise, the data recorded by Oney Bank constitutes proof of all transactions between you and Oney Bank. If you request a financing solution offered by Oney Bank, the information related to your order will be transmitted to Oney Bank, which will use it for the purposes of studying your request for credit granting, management, and collection. Oney Bank reserves the right to accept or refuse your request for 3x 4x Oney financing. You have a 14-day cooling-off period to renounce your credit. Operation: Payment in 3 or 4 installments by credit card allows you to pay for the order placed on our merchant website as follows: - a mandatory down payment debited on the day of confirmation of the shipment of your order, corresponding to one third or one quarter of the order, to which fees corresponding to 1.45% of the total amount of the order are added for 3 installments and 2.2% for 4 installments (up to a maximum of €15 for 3 installments and €30 for 4 installments); - two or three installments, each corresponding to one third or one quarter of the order, debited at 30 and 60 days after for 3 installments, and at 30, 60, and 90 days after for 4 installments. ● Payment in 3 installments from €100 to €3000 Example: For a purchase of €150, a down payment of €52.18 followed by 2 installments of €50. Credit for 2 months at a fixed APR of 19.31%. Cost of financing: €2.18, up to a maximum of €15. ● Payment in 4 installments from €100 to €3000 Example: For a purchase of €400, a down payment of €108.80 followed by 3 installments of €100. Credit for 3 months at a fixed APR of 19.61%. Cost of financing: €8.80, up to a maximum of €30. Oney Bank - Joint-stock company with capital of €51,286,585 - Registered office: 34 avenue de Flandre 59170 CROIX - RCS Lille Métropole 546 380 197 - Orias no .: 07 023 261 - www.orias.fr - Correspondence: CS 60006 - 59 895 Lille Cedex

5 – Guarantees The applicable warranties are those of the manufacturers and are generally for 2 years from the invoice date, except for accessories such as picks, guitar strings, which are not covered (see product sheet). If you have any questions regarding warranties longer than 2 years, please feel free to contact us. The customer has a legal period of 14 days after the delivery date to return an item, at their own expense, in accordance with the current legislation (Article 34 of Law No. 2014-344 of March 17, 2014) for products in stock in France. For products ordered from Japan, unless the product is defective at the time of delivery, we do not accept returns. It is possible to issue a credit note in such cases; please contact us by phone or email. In the case of a return for personal reasons and not due to a malfunction, the customer agrees to contact japanguitar-handmade prior to returning the package. The return shipping costs will be borne by the customer.

In the case of a return due to a malfunction, only a repair can be carried out if the problem is determined to be a construction issue and not due to improper use of the product (breakage, improper maintenance, inadequate or no cleaning). japanguitar-handmade reserves the right to refuse a repair if it is established that the problem with the product resulted from its improper use. The right of withdrawal cannot be exercised in certain cases.

Any modification or manipulation carried out by the customer will result in the cancellation of the warranty. Any resulting repairs will be at the customer's expense in such cases. The customer agrees to use the product under normal conditions and to follow the instructions provided in the manuals provided upon delivery. The return of products should always be made to the confirmed address provided by japanguitar-handmade, unless otherwise instructed. The equipment must be returned in its original packaging, completely intact, with no signs of use or scratches, accompanied by all accessories, user manuals, and other relevant documentation in their original and intact packaging, as well as the purchase invoice. Any merchandise returned that does not comply with these conditions will be refused reintegration into our stock and will be automatically returned to the sender. When returning a product for service, it must be sent back in its original packaging or, if not available, in packaging of sufficient quality to meet the requirements of the carriers. Any damaged package or package that may attract attention upon receipt at japanguitar-handmade will be refused.

6 – Customer File and Advertising In accordance with the French Data Protection Act of January 6, 1978, every customer has the right to access and rectify the information concerning them held by japanguitar-handmade.

7 – Disputes Both parties will seek an amicable solution as a priority before any legal action in the event of a dispute. Otherwise, the dispute will be subject to French law and brought before the competent court of the registered office of japanguitar-handmade.

For any late payment, late payment penalties of 1.5% per month will be applied. In the event of a dispute or contestation, only the courts of our registered office will have jurisdiction.

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