General Terms and Conditions of Sale

These General Terms and Conditions of Sale (hereafter referred to as “GTCs”) exclusively govern the sale of goods by the Sole Proprietorship SATOSHI SEKIMOTO, headquartered at 70, av. Frédéric Chevillon – 13380 Plan-de-Cuques – FRANCE, and registered with the Marseille RM under the number 508.567.872 RM 05. The legal representatives of the Sole Propietorship are Satoshi SEKIMOTO and Laurent SEKIMOTO. The contact email address is contact@maisonsekimoto.com. The MAISON SEKIMOTO brand and the website maisonsekimoto.com belong to the Sole Proprietorship SATOSHI SEKIMOTO.

The sales covered by these terms are finished embroidered products or services and accessories associated with these products sold at retail.

These GTCs form the basis of the commercial negotiation and are systematically provided to buyers to enable them to place orders. The applicable GTCs are those in force on the day the order is placed by the Buyer, to the exclusion of any other document.

Any acceptance of the estimate or purchase order including the mention “General Conditions of Service accepted without reserve and order confirmation” implies the buyer’s unconditional adherence to these GTCs. It must include the identity of the signatory and his or her signature, and all pages must be initialed. If it is a company, the company seal and the signature of the company’s legal representative will be required. For any order placed on maisonsekimoto.com, checking the acceptance of these GTCs to validate the order means unconditional adherence to these GTCs.

These general terms and conditions of sale (hereinafter “GTC”) exclusively govern the sales of goods by the individual enterprise SATOSHI SEKIMOTO, with its registered office at 70, av. Frédéric Chevillon – 13380 Plan-de-Cuques – FRANCE, and registered with the RM Marseille under number 508.567.872 RM 05. The legal representatives of the company are Satoshi SEKIMOTO and Laurent SEKIMOTO. The contact email address is contact@maisonsekimoto.com. The MAISON SEKIMOTO brand and the maisonsekimoto.com website belong to the Sole Proprietorship SATOSHI SEKIMOTO.

The customers or users of the maisonsekimoto.com website who have communicated personal information for the purpose of being contacted have the right to access, rectify, modify, and delete this data. They can exercise this right by contacting the seller at the coordinates indicated in Article 1, in accordance with the “Informatique et Libertés” law No. 78-17 of January 6, 1978 as amended, and Regulation No. 679/2016 of April 27, 2016, known as the General Data Protection Regulation (GDPR).

All data communicated is strictly confidential and will not be transmitted to any third party other than the individual enterprise SATOSHI SEKIMOTO. In the case of a distance sale, the name, address, and email of the Buyer must be communicated and accurate for the proper processing of the order, delivery, and invoicing. The lack or inaccuracy of information implies the automatic rejection of the order.

To learn more about the processing of your personal data, or to exercise your rights of access, modification or deletion of this data, we invite you to send us your request via the contact form on the website.

The Sole Proprietorship SATOSHI SEKIMOTO offers two types of orders: “made-to-order production” or “stock order”.

Article No. 4.1: Made-to-order production

For “made-to-order productions,” the trigger for manufacturing is, subject to feasibility, the customer’s order. Two scenarios arise:

• This signifies that the customer can order more pieces than are currently in stock, when the product page states “can be ordered” above the “Order here” button,
• Alternatively, the customer may wish to personalize their order, for instance, by specifying preferences through the “special requests” field on the “Your Order” page.

The order will include a theoretical shipping date based on the payment receipt date. To validate the order, a deposit of 50% of the articles to be produced for the order must be paid to the individual enterprise Maison Sekimoto. The balance indicated by the pro forma invoice will be required before any shipment.

Article No. 4.2: Stock orders

The product page indicates the number of pieces in stock. When products are ordered from stock, they are neither personalized nor produced on demand.

Maison Sekimoto draws attention to the fact that if the phrase “can be ordered” is absent, production will not be continued. The order will include a theoretical shipping date based on the payment receipt date. To validate the order and its shipment, the customer must pay the total indicated on the order confirmation.

In the event of incorrect indicated stock levels, the individual enterprise Satoshi Sekimoto commits to making every effort to address the shortage of goods. The status of the order will remain unchanged: it will always be considered “stock order” and not made-to-order, so as not to penalize the Buyer.

Article No. 5.1: Rates

The individual company SATOSHI SEKIMOTO reserves the right to modify its displayed rates at any time. Promotional offers are always indicated with a price before and after discount.
However, it undertakes to invoice the goods ordered at the prices indicated at the time of order registration.
They are denominated in euros and calculated exclusive of taxes. Consequently, they will be increased by the VAT rate and any additional charges in accordance with current legislation.

Article No. 5.2: Commercial and Financial Discounts

The terms rebate, discount, and allowance are used in accordance with their accounting definition and treated in accordance with accounting requirements. On the order confirmation, prices will be specified again with the price before and after any discounts.
The allowance is a commercial gesture offered for a certain turnover made by the Buyer over a given period. It is the subject of a separate invoicing.

The individual company SATOSHI SEKIMOTO may be led to offer a discount which will be expressed on quotes and accounting documents if it applies.

Article No. 6.1: Adding to Cart and Checkout

From the homepage of the website, click on “Collections” to access various product categories or different collections, and then browse through the available products.

Each product page includes photos, a price, dimensions, and descriptions. To place an order, simply click on “Order here.”

On the “Your Order” page, the buyer will be asked to provide at a minimum their identity, email address, phone number, and billing address. If applicable, they can also specify a recipient and a different shipping address.

As a reminder, please refer to Article No. 2 regarding GDPR compliance and the necessity for accurate data input to ensure the order is properly processed.

The Buyer will also be required to check the box stating “I have read and agree to the Terms and Conditions of Sale” to validate the order.

Article No. 6.2: Order Confirmation

Upon receiving the order, the individual enterprise Satoshi Sekimoto will promptly contact the Buyer to confirm the feasibility of their order. This communication will include an estimate of the price, delivery time, payment methods, and the Seller’s bank account details.

If the order confirmation is satisfactory to the Buyer, they will need to settle the amount due in accordance with the rules outlined in Article No. 4, in order to initiate the production or shipment of their purchase.

Orders are paid for:

• Either by bank transfer,
• Or in cash if the amount does not exceed €1000 for French residents, and €15,000 for foreign tax residents,
• Checks and credit cards are not accepted.

In the event of total or partial default in payment of the invoice on the due date, the Buyer must pay to the individual enterprise SATOSHI SEKIMOTO a late payment penalty equal to three times the legal interest rate.
The legal interest rate applied is the rate in force on the day of delivery of the goods. As of January 1st, 2015, the legal interest rate is revised every 6 months (Ordinance No. 2014-947 of August 20th, 2014).
This penalty is calculated on the VAT-inclusive amount of the outstanding sum and runs from the due date of the price without any prior notice being necessary.

In addition to the late payment penalties, any amount, including the deposit, not paid by its due date will automatically result in the payment of a lump sum compensation of 40 euros due for collection costs. Articles 441-10 and D. 441-5 of the French Commercial Code.

If, within fifteen (15) days following the implementation of the “Late Payment” clause, the Buyer has not paid the remaining amount due, the service provision shall be terminated automatically, and may entitle the individual enterprise SATOSHI SEKIMOTO to damages and interest.

The individual enterprise Satoshi Sekimoto retains ownership of the goods sold until full payment of the price, both principal and accessories. As such, if the buyer is subject to a restructuring or judicial liquidation, the individual enterprise SATOSHI SEKIMOTO reserves the right to reclaim, as part of the collective proceedings, the goods sold and unpaid for.

For anything related to intellectual property or communication about the individual enterprise SATOSHI SEKIMOTO, the natural person Satoshi Sekimoto, the brand Maison Sekimoto, or the website maisonsekimoto.com, the approval of the Seller is required. The Buyer must make their request by email to the address mentioned in Article 1.

The title and logo of “Meilleur Ouvrier de France” are managed by the COET MOF and the Société nationale des Meilleurs Ouvriers de France located at 16, rue Saint-Nicolas – 75012 PARIS – FRANCE. The title and logo of “Maître Artisan en métier d’art” are managed by the Chambres des Métiers et de l’Artisanat de France. The individual enterprise SATOSHI SEKIMOTO is authorized to use them on their behalf under strict conditions set by the aforementioned organizations. The individual enterprise SATOSHI SEKIMOTO is not the owner of these designations and declines any responsibility in case of inappropriate use of these labels by the Buyer.

Delivery is carried out:
• either by the direct handover of the goods to the Buyer;
• or by sending a notice of availability to the Buyer’s attention in a pick-up point;
• or by depositing the goods at the location indicated by the buyer on the order form.
MAISN SEKIMOTO delivers to any country served by the carrier indicated on the quote or order confirmation. The General Conditions of the chosen carrier prevail.
The delivery and shipping times indicated during the registration of the order are given for information purposes only and are in no way guaranteed.

Consequently, any reasonable delay in the delivery of the products cannot give rise to the buyer’s benefit to:
• the allocation of damages and interest;
• cancellation of the order.
The risk of transportation is fully borne by the buyer.
In the event of missing or damaged goods during transport, the buyer must make all necessary reservations on the order form upon receipt of said goods. These reservations must also be confirmed in writing within forty-eight (48) hours following delivery, by registered letter with acknowledgement of receipt addressed to the company.

“Custom-made products” (cf. Article 4.1) fall into the category of goods made to order. Therefore, the right of withdrawal does not apply in the case of a distance sale.
The right of withdrawal applies to “stock orders” (cf. Article 4.2).

Following the signature of a quote by the buyer or following the confirmation of their order, the delivered goods cannot be returned.

In the case of a quality defect, any defective product must be reported within five (5) working days following the delivery date, otherwise the transaction will be considered completed. First, the buyer must send a clear explanation of the defect by email to contact@maisonsekimoto.com or via the contact form on the website. In the event of a favorable response, the buyer must return the goods in the condition in which they received it: new, unused, complete and in its original packaging. The seller will inspect the goods. The individual company SATOSHI SEKIMOTO reserves the right to refuse a return for hygiene reasons, or if the product has damage not related to a manufacturing defect or the defect stated by the buyer in their message. In this case, the product will be returned to the buyer.

For warranty or repair of items, the customer can also contact the individual company SATOSHI SEKIMOTO by message to find a solution.

Article No. 13.1: Limitation of liability

The liability of Sole Proprietorship SATOSHI SEKIMOTO shall not apply if the total or partial non-performance, or delay in the performance of any of its obligations described in these GTC arises from a force majeure event, omission on the part of the Buyer, unpredictable and insurmountable event of a third party to the contract, or an impediment independent of our will that was not reasonably foreseeable at the time of order validation, and the consequences of which cannot be reasonably avoided or overcome. With regard to force majeure, this refers to any external, unpredictable, and irresistible event within the meaning of Article 1148 of the French Civil Code.

The Parties agree that they shall consult each other as soon as possible to determine together the terms of the order execution during the force majeure period. Beyond a period of one (1) month of interruption due to force majeure, the Parties shall be released from their obligations towards each other.

Article No. 13.2: Divisibility of clauses

In the event that any part of these GTC is deemed invalid or declared as such in accordance with applicable regulations, the other provisions of the GTC shall remain in full force and effect.

Article No. 13.3: Entirety of the contract

These GTC and the order confirmation sent to the Buyer constitute a contractual set and represent the entirety of the contractual relations between the Parties. In case of contradiction between these documents, the GTC shall prevail.

In the event of a dispute between the Client and the company, they will make every effort to resolve it amicably (the Client shall submit a written complaint to the professional or, if applicable, to the Customer Relations Department of the professional).

In the absence of an amicable agreement or if the professional fails to respond within a reasonable period of one (1) month, the consumer Client as defined in Article L.133-4 of the French Consumer Code has the option, if a disagreement persists, to freely contact in French the competent mediator listed on the list of mediators established by the Evaluation and Control Commission for Consumer Mediation, in accordance with Article L.615-1 of the Consumer Code, namely:

La Société Médiation Professionnelle
www.mediateur-consommation-smp.fr
24 rue Albert de Mun – 33000 Bordeaux

Any dispute related to the interpretation and execution of these general terms and conditions is subject to French law.

However, the Sole Proprietorship SATOSHI SEKIMOTO commits to seeking an amicable solution before any legal action is taken. For an amicable solution, the buyer must contact the Sole Proprietorship SATOSHI SEKIMOTO by email at the address mentioned in Article 1.
In the absence of an amicable resolution, the dispute will be brought before the competent French courts in Marseille.

These general terms and conditions were written in French in their original version and translated into English and Japanese versions.

In the event that these general terms and conditions need to be interpreted, only the French version shall prevail.

Done at __________________________ (place), on ______ (date),
… (If individual: Name, First Name, Buyer’s Signature, and mention “General Terms and Conditions accepted without reservation and good for order”)

… (If professional: Name, First Name, Legal Representative’s Signature of the Company, Company Stamp, and mention “General Terms and Conditions accepted without reservation and good for order”)