General Terms and Conditions of Sale — Japan WC

1. Seller's identity

The website www.japan-wc.com is operated by Japan WC, a sole proprietorship registered under SIRET number 888 986 064 00010, with its registered office at 10 rue de Penthièvre, 75008 Paris, France.

Email: thejapanwc@gmail.com
Telephone: +33 1 79 61 71 51

These General Terms and Conditions of Sale apply to all sales concluded on the website with individual consumers.

2. Purpose

These terms define the rights and obligations of the parties in connection with the online sale of products marketed by Japan WC on its website.

3. Products

The products offered for sale include sanitary equipment, Japanese-style toilets, accessories and Japanese-inspired wooden bathtubs. The essential characteristics of each product are described on its product page. Photographs, visuals, lifestyle images and staged settings are illustrative and are not contractual.

Product origin and terminology

The terms “Japanese”, “Japanese toilet” and “ofuro”, and references to Japan on this website, describe the products’ style, technology, use or inspiration; they do not indicate the country of manufacture. Products sold by Japan WC are manufactured outside Japan unless the product page expressly states otherwise. The country or place of manufacture may be specified on a product page where relevant.

Some products may also be shipped from abroad. Additional time may be needed for international logistics. Japan WC cannot be held responsible for delays attributable to international carriers or customs procedures.

4. Availability

Products are offered subject to available stock or availability from suppliers and partner workshops. If a product becomes unavailable after an order has been placed, the customer will be informed as soon as possible and may obtain a refund of the amounts paid or, if the customer agrees, a credit note or replacement product of equivalent value.

5. Prices

Prices are stated in euros including all taxes, excluding delivery costs unless otherwise indicated. Japan WC may change its prices at any time. Products are invoiced at the price in force when the order is confirmed. Any delivery, handling or special transport costs are shown before the order is confirmed.

6. Orders

The customer selects the products, adds them to the basket, provides the requested information, chooses a delivery method and a payment method, and confirms the order after reading and accepting these terms.

An order is final only after confirmation by Japan WC and effective receipt of payment. Japan WC may refuse or cancel an order in the event of a previous dispute, non-payment, suspected fraud or manifestly incorrect information. Japan WC may refuse an order or return in cases of manifest abuse, bad faith or fraudulent conduct.

7. Payment

Payment is due when the order is placed unless otherwise agreed. Payment may be made by bank card, bank transfer, PayPal or any other method offered on the website at checkout. An order paid by bank transfer may be processed after the funds have actually been received.

8. Delivery

Products are delivered to the address provided by the customer when placing the order. Unless the product page or checkout states otherwise, standard products are generally dispatched within 3 to 7 working days; bulky, made-to-order or special products, or products requiring manufacture, special preparation or specialised transport, may take longer.

Delivery of bulky products

Bulky products are delivered at the foot of the building or to an address accessible to the carrier. The customer is responsible for checking access conditions, including door widths, stairs and lifts. If delivery cannot be completed because access is unsuitable, the costs of redelivery or return are borne by the customer.

Stated delivery times are estimates unless expressly agreed otherwise. Under the French Consumer Code, where no particular delivery time is specified, delivery takes place no later than thirty days after the contract is concluded.

9. Receipt of the order

On receipt, the customer should check the apparent condition of the package and product. In the event of damage, a damaged package, a missing item or a damaged product, the customer should make specific reservations with the carrier at delivery and contact Japan WC as soon as possible, ideally within 48 hours, enclosing photographs and relevant information. This procedure does not deprive the customer of statutory rights, including the statutory guarantee of conformity.

10. Right of withdrawal

Under the French Consumer Code, the customer has fourteen days from receipt of the goods to exercise the right of withdrawal without giving a reason. To exercise it, the customer may send Japan WC an unambiguous statement by email or post or use the withdrawal form referred to in the appendix. The goods must be returned within fourteen days after the customer communicates the decision to withdraw.

The customer may handle and examine the product to the extent necessary to establish its nature, characteristics and proper functioning. The customer may, however, be liable for a loss in value resulting from handling beyond what is necessary for that examination.

Direct return costs are borne by the customer unless otherwise stated. For bulky or cumbersome products or those requiring specialised transport, the customer bears the costs and organisation of the return, except where the error is attributable to Japan WC or a statutory guarantee applies.

Products must not have been installed (connection, fixing or full use). An installed product may be subject to a reduction in the refund or a refusal of reimbursement.

11. Exceptions to the right of withdrawal

In accordance with the law, the right of withdrawal does not apply in particular to goods made to the customer’s specifications or clearly personalised; goods unsealed after delivery which cannot be returned for reasons of hygiene or health protection; or the other cases provided for in Article L.221-28 of the French Consumer Code.

12. Refunds

In the event of a valid withdrawal, Japan WC refunds all sums paid, including the initial standard delivery costs, no later than fourteen days from the date it is informed of the customer’s decision to withdraw. Japan WC may defer the refund until it has recovered the goods or received proof that they have been sent back, whichever occurs first. Any additional cost resulting from the customer’s choice of a more expensive delivery method than the standard method offered is not refunded.

13. Statutory guarantee of conformity

Japan WC is bound by the statutory guarantee of conformity under Articles L.217-3 and following of the French Consumer Code. The consumer has two years from delivery of the goods to make a claim. Subject to the applicable legal conditions, the consumer may request repair or replacement.

14. Guarantee against hidden defects

Japan WC is also bound by the guarantee against hidden defects in the goods sold under Articles 1641 and following of the French Civil Code.

15. Installation and use

Technical, sanitary and plumbing products must be installed in accordance with the instructions, recommendations and accepted professional standards and, where necessary, by a qualified professional.

Japan WC cannot be held responsible for damage, malfunction, leaks, incompatibility or defects resulting from non-compliant installation; insufficient pressure or unsuitable water supply, drainage or technical configuration; improper use; modification of the product; or improper maintenance. This clause does not deprive the customer of statutory guarantees.

Checking technical compatibility before purchase

Before placing an order, the customer must check the available water pressure, the type of waste outlet (horizontal or vertical) and compatibility with the existing installation. Japan WC cannot be held responsible for technical incompatibility that the customer failed to check before purchase.

16. Liability

Japan WC’s liability is limited to direct and foreseeable damage resulting from performance of the contract, subject to mandatory statutory provisions. Japan WC cannot be held responsible for damage caused by the customer, a third party or force majeure. Japan WC cannot be held responsible for indirect damage, loss of business, loss of income or other non-material loss. In any event, Japan WC’s liability is limited to the price of the product purchased.

17. Personal data

Personal data collected is needed to manage orders, customer service, invoicing and delivery and, where permitted by law, marketing. It is processed in accordance with the Privacy Policy available on the website. Under the GDPR, the customer has rights including access, rectification, erasure, objection, restriction and data portability, under the conditions provided by applicable regulations.

18. Consumer mediation

In the event of a dispute, the customer must first send a written complaint to Japan WC. If no amicable agreement is reached, the customer may use the consumer mediation service to which Japan WC belongs free of charge.

The consumer mediator is CM2C — Centre de la Médiation de la Consommation de Conciliateurs de Justice, 14 rue Saint Jean, 75017 Paris, France. Website: www.cm2c.net. Email: cm2c@cm2c.net. The trader is required to give consumers access to a consumer mediation scheme.

19. Applicable law

These terms are governed by French law.

20. Competent courts

In the event of a dispute, jurisdiction lies with the competent courts under the applicable ordinary rules of law.