ACCEPTANCE OF TERMS
The Customer acknowledges having read, at the time the order is placed, the general terms and conditions of sale set out below and expressly declares that he accepts them unreservedly.
These general terms and conditions of sale shall prevail over any other conditions appearing in any other document or pages of the site, unless prior, express and written exemption.
These conditions only concern natural persons who are not traders, aged at least 18 years old and having the legal capacity to contract.
Sakkanime reserves the right to adapt or modify these general conditions of sale at any time. In case of modification, the general terms and conditions of sale in force on the day the order is placed will be applied to each order.
The automatic recording systems implemented by Sakkanime are considered as proof of the nature, content and date of the order.
The customer has the possibility to modify his basket before the final validation, this step formalizing the scope of the offer made to the customer by Sakkanime.
Sakkanime confirms the acceptance of the order to the customer at the e-mail address provided by the customer. The order constitutes an offer to purchase from the client, the sale will only be concluded once the order has been shipped.
Sakkanime reserves the right to cancel any order.
The information given by the buyer when taking the order is binding. In case of error in the wording of the addressee's details, the seller cannot be held responsible for the impossibility to deliver the product.
Any order validated by direct payment before 12h (Monday to Friday) is shipped before 48h. Depending on the traffic, some Friday afternoon and weekend orders can be shipped the following Tuesday.
The cost of delivery, which takes into account the delivery address given by the Customer, is calculated prior to final validation and is included in detail in the agreed price. It is only the cost of transport, which does not take into account any import taxes outside the European Union.
Delivery is made by the carrier chosen by the Customer or by the subcontractor chosen by this carrier depending on the destinations.
For all shipments outside the European Union or to French overseas departments and territories, the customer must pay any import duties or customs taxes. We will invoice for us excluding vat according to the legislation.
War, riots, riots, fire, strikes, accidents and the impossibility to be supplied with raw materials are considered as cases of force majeure discharging the seller from his obligation to deliver.
We invite you to check the apparent condition of the products on delivery. Whatever the carrier and in the presence of an apparent anomaly (damage, damaged package, etc..), you must unpack the package in the presence of the deliveryman and write down detailed handwritten reservations by having the deliveryman sign next to it. The reservations taken by the recipient upon delivery are means of proof of the existence and extent of the damage. Make sure to be precise and complete in their drafting (the simple mention "subject to unpacking" is considered too general and imprecise), and inform the company by registered mail within three (3) working days following the delivery of your package.
Our product may be subject to a refund in case of dissatisfaction. The customer agrees to make a serious trial of this method by following our recommendations for use during the entire trial period, i.e. 30 days. Returns on the used product are possible only once per customer and delivery address, so there is only one trial period possible, not several.
The item to be returned must be intact, complete and packed in a box.
Refunds for returned products will be made within 14 days of receipt of the return by the logistics centre. The refund will be made to the payment method used when ordering. The amount of the refund is equal to the amount of the purchase less shipping costs, i.e. we will refund the price of the product. Any request for a return for refund made outside the 30-day trial period will be refused.
In order to ensure the processing of the refund request, the customer must imperatively use the returns registration page, accessible at the very bottom of the website under the "Return" tab. You will then receive by email the return address and the return modalities. When you send your package, we ask you to write your name and address as well as your order number on the sender's address. The return shipping costs are at the customer's expense.
The prices are indicated in euros including VAT or excluding VAT depending on the destination.
These prices do not include a flat-rate contribution to processing costs (postage, packaging and packing of the package according to the amounts in force).
They take into account the VAT applicable on the day of the order.
The price invoiced to the Client is the price indicated on the order confirmation sent by Sakkanime. The price of the products is payable in cash on the day of the effective order (except for deferred payments).
Credit card payments are authorized and processed by Stripe. We use a secure transactional site to send credit card information to Stripe.
This contract is subject to French law.
Sakkanime cannot be held responsible for damages of any kind that could result from the misuse of the marketed product. The responsibility of the company cannot be called into question for errors or omissions which could have remained despite all the precautions taken in the presentation of the product.
This policy will be applied to all users of the website and will explain in detail what information Sakkanime Company collects, how it collects it, how it protects it, and when it communicates it to third parties.
8.1 General provisions on personal data
In accordance with the provisions of Law No. 78-17 of 6 January 1978 relating to data processing, data files and liberties, as well as those of European Regulation 2016/679 of 27 April 2016 relating to the protection of personal data, the Site has been the subject of a declaration to the CNIL (Commission Nationale Informatique et Libertés).
The Company undertakes to treat the personal data communicated by the user in complete confidentiality and to use them only for the processing of his order and the monitoring of commercial relations. This information is never shared with third parties or resold.
8.2 Information collected and processed by Sakkanime
When placing an order or creating a profile, the user is invited to submit certain information concerning him/her to the company Sakkanime.
Some of the information requested is optional. The user can always modify the information he has entered.
Of all its users, Sakkanime collects automatically generated information
This information concerns users' browsing habits on the platform, such as the web pages they visit, how long they stay on a certain web page, what they download and/or put online, and how they use their profile.
In addition, Sakkanime also collects the IP address, the type of browser used (program required by the computer to display web pages) and cookies.
The Company informs that the Site is not intended to collect health or other sensitive data.
It is specified that users' banking information is never in the possession of Sakkanime.
Transactions are entirely processed by the Stripe platform.
Nevertheless, Users have the possibility to create or share textual content on the Site. The Company has no control over this content.
8.3 The purpose of the collection and processing of information by Sakkanime
The personal data collected from Users is intended to provide the Site's services, improve them and maintain a secure environment.
They are strictly necessary for the normal use of the Site.
Sakkanime will use the personal data it has collected from Users for the following purposes:
to provide a platform that is as easy to use as possible;
to send him/her information on the platform;
to promote the platform;
to process or have processed anonymised statistical data and to protect the platform, as well as to provide the information collected to third parties in accordance with its legal or contractual obligations and/or in the event of legal proceedings or for the protection of its rights.
8.4 Data Retention
The personal data entrusted to the Company will be kept by it for a period of ten years from the date of their transmission.
Sakkanime undertakes to delete any personal data at the User's first request and, in any case, at the end of the mentioned period.
8.5 Obligations of the Company as a service provider
In the context of the provision by Sakkanime of the services subject to these CGU, Sakkanime provides a solution that structurally respects the principles of proportionality, minimisation and limitation of personal data, ensuring that only relevant data is processed within the solution, for the sole agreed purposes and under the control of the only persons having knowledge of it.
Sakkanime also implements the appropriate technical and organisational measures to protect the personal data communicated to Sakkanime by the User via the Site, in a permanent and documented manner, against accidental or illegal destruction, accidental loss, alteration, dissemination or unauthorised access, including in the context of data transmission over a network, as well as against any other form of processing that is illegal or not included in the processing entrusted under these GCU.
8.6 Obligations of subcontractors
Sakkanime and each of its possible subcontractors (who must imperatively meet the same commitments as those of the present clause):
Will respect their obligations at all times.
Will take all necessary measures to protect the security and confidentiality of personal data, including in the event of international data transfer.
Provide the following safeguards to ensure the implementation of confidentiality and security measures:
Establishment and provision on first request of documentation describing the confidentiality implemented within the solution to protect personal data.
Conclusion of standard contractual clauses governing any possible transfer of data to any secondary processor not located in the European Union, or any equivalent mechanism duly recognised by the supervisory authorities.
Implementation and maintenance of a procedure for receiving and executing requests for access, rectification or deletion from the natural persons concerned.
8.7 Limiting the use of data
Sakkanime undertakes to refrain from exploiting or using, making copies and creating files of personal data within the User's information system for its own purposes or on behalf of third parties. The processing of personal data will strictly correspond to the execution of the purposes stipulated above, solely within the framework of the operation of the solution and services provided by the Company.
8.8 Sharing of data with third parties
Without the user's explicit consent, Sakkanime will not transmit his or her personal data to third parties for direct marketing purposes (in particular for sending advertisements).
Sakkanime may provide third parties with users' personal data to the extent necessary to maintain the platform and/or in the case of data that cannot be traced back to the user personally (such as information automatically generated outside - IP address) and is therefore not to be included in the personal data.
Personal data may be shared with third parties in the following cases:
When the User authorizes the website of a third party to use his/her data.
If required by law, Sakkanime may carry out the transmission of data in order to follow up on claims made against the Company and to comply with administrative or judicial procedures.
As soon as Sakkanime calls upon service providers for its development, maintenance or for technical reasons.
If Sakkanime is involved in a merger, acquisition, asset disposal or receivership procedure, it may be required to sell or share all or part of its assets, including personal data. In this case, Users will be informed before personal data is transferred to a third party.
8.9 Hyperlinks and Cookies
The website sakkanimeshop.com contains a certain number of hypertext links to other sites, whether or not they have been set up with the authorisation of the company Sakkanime. However, the company Sakkanime has no possibility to verify the content of the sites thus visited, and consequently will not assume any responsibility for this fact. Browsing on the sakkanimeshop.com website is likely to cause the installation of cookie(s) on the user's computer. A cookie is a small file, which does not allow identification of the user, but which records information relating to the navigation of a computer on a site. The data obtained in this way is intended to facilitate subsequent navigation on the site, and is also intended to allow various measures of frequentation. Refusal to install a cookie may make it impossible to access certain services. The user can however configure his computer in the following way to refuse the installation of cookies: Under Internet Explorer: tool tab (cog symbol in the top right-hand corner) / internet options. Click on Confidentiality and choose Block all cookies. Validate on Ok.
Under Firefox: at the top of the browser window, click on the Firefox button, then go to the Options tab. Click on the Privacy tab. Set Retention Rules to: use custom settings for history. Finally uncheck it to disable cookies.
Under Safari: Click on the menu icon (symbolized by a cog) at the top right of the browser. Select Settings. Click on Show advanced settings. In the "Privacy" section, click on Content Settings. In the "Cookies" section, you can block cookies.
Under Chrome: Click on the menu icon (symbolized by three horizontal lines) at the top right of the browser. Select Settings. Click on Show Advanced Settings. In the "Privacy" section, click on Preferences. In the "Privacy" tab, you can block cookies.
8.10 Platform Evolution
Sakkanime is keen to keep its users informed of the evolution of its platform via a newsletter. In the case of an upgrade, update or any other modification of the platform, Sakkanime will inform its users. This also applies to payment information. It is not possible not to be a beneficiary of these messages. The user receives the newsletter on a regular basis. If he no longer wishes to receive it, the user will find a link to unsubscribe at the bottom of each newsletter. In the event that the user unsubscribes, Sakkanime advises the user to regularly check the platform or social media to stay informed of new promotions. In the terms and conditions, the user grants Sakkanime the right to publish and copy his personal data (such as user name and profile photo) in order to promote the platform. This means, among other things, that Sakkanime may use certain personal data for the promotion of the platform, for example by indicating which user has the most wins, which event has been the most successful, or new current or future operations.
9.11 Google Analytics
8.12 Protection of personal data by Sakkanime
Sakkanime has taken appropriate technical and organisational measures to protect the personal data collected against any loss or any form of illicit processing. In addition, contact with the platform itself is also protected. This protection can be ensured by the mention "https" in the URL address of the browser as well as by the representation of a closed padlock at the bottom of the screen. If the user clicks on the padlock twice, he can check whether a secure connection to the platform has been established.
However, it should be pointed out that the Internet is not a fully secure environment and that the Company cannot guarantee the security of the transmission or storage of information on the Internet.
Finally, Sakkanime acknowledges that it must be able, at all times during the execution of these GCU, to report and demonstrate all the devices and procedures for protecting personal data, minimizing their use, and ensuring the compliance of said devices and procedures with the aforementioned legal requirements.
8.13 Transfer of business
In the event of an extension of Sakkanime's growth and development, one or more parts of the company's assets may be transferred to a third party, or Sakkanime may merge with a third party. In this case, the personal data collected will also be transferred.
8.14 Transfer to countries or the European Union
Given that Sakkanime uses Google Analytics, as described above, Sakkanime transfers personal data to the United States. Google Analytics is a member of the Safe Harbor program and is owned by Google Inc. This means that Google has taken appropriate measures to protect the personal data transferred. On this basis, Sakkanime grants itself the right to transfer personal data to Google.
9.15 Implementation of Users' rights
The User has the following rights:
He can update or delete data concerning him;
He can delete his User Account;
He can exercise his right of access, to know the personal data concerning them;
If the personal data held by the Company is inaccurate, he may request that the information be updated;
He may request the deletion of his personal data, in accordance with applicable data protection laws;
Finally, the user is informed that, in accordance with the provisions of articles 38 and following of law 78-17 of 6 January 1978 relating to data processing, data files and liberties, any user has the right to access, rectify and oppose personal data concerning him/her, by making a written and signed request, accompanied by a copy of the identity document with the signature of the holder of the document, specifying the address to which the reply should be sent.
RIGHT OF WITHDRAWAL
When purchasing products on the website sakkanimeshop.com le Customer has a legal right of withdrawal.
9.1 Information on the right of withdrawal
The Customer has the right to withdraw from this contract without giving reasons within fourteen (14) days. The withdrawal period expires fourteen (14) days after the day on which the Customer himself, or a third party other than the carrier and designated by the Customer, takes physical possession of the goods or the last good in the case of partial delivery.
To exercise the right of withdrawal, the Customer may also complete and transmit the return form in electronic form, using the return form available on the website sakkanimeshop.com . If the Customer makes use of his/her right of retraction, Sakkanime will send an acknowledgement of receipt of his/her corresponding declaration within a reasonable period of time (e.g. by e-mail). In order to comply with the withdrawal period, the Client must send Sakkanime the withdrawal declaration before the fourteen (14) day period mentioned above expires.
The Client must return or restitute the product to Sakkanime without delay and, in any event, no later than fourteen (14) days from the day on which the Client has notified Sakkanime of his/her wish to exercise his/her right of withdrawal.
This time limit is respected if the Customer dispatches the goods before the aforementioned fourteen (14) day period expires. The costs of returning the goods shall be borne by the Customer.
The Customer shall bear the loss of value of the returned product if this loss of value is due to handling other than that necessary to ensure the nature, characteristics and correct functioning of the product.
9.2 Effects of withdrawal
In the event of a withdrawal notified under the conditions set out in article 9.1, Sakkanime will reimburse the Client for all payments received from him, including delivery costs, at the latest within fourteen (14) days from the day on which Sakkanime became aware of the declaration of withdrawal.
Customs duties and possible import fees are not reimbursed.
Sakkanime will proceed with the reimbursement by using the same means of payment that the Client used when placing the order, unless Sakkanime expressly agrees to a different means of payment.
The refund is free of charge for the Client. Sakkanime reserves the right to defer the refund until Sakkanime has received the product or until the client has provided proof of shipment of the product, whichever comes first.
9.3. Model withdrawal form
If you wish to withdraw from this contract, please fill in this form and return it to us at the following e-mail address:
I/we (*) hereby notify my/our (*) withdrawal from the contract for the sale of the goods (*)/below
- Ordered on (*)/received on (*)
- Name of consumer(s)
- Address of the consumer(s)
- Date (*)
Strike out what doesn't apply.