General conditions of sale

GENERAL CONDITIONS OF ONLINE SALE
OF KABUKI SPA & INSTITUTE GIFT VOUCHERS

The present general conditions of sale are concluded between the company Kabuki Spa et Institut whose head office is located at 18 Lieu dit Trémagouet, 35190 Québriac, registered in the Trade and Companies Register under the number 534 066 188 000 10 and the persons wishing to make a purchase via the website www.domainedetremagouet.com, hereinafter referred to as the client. Together referred to as the parties. These conditions concern, on an exclusive basis, natural persons of legal age who are not traders. The present conditions exclusively govern the sales by Kabuki Spa of "Gift Vouchers" offered on the website www.domainedetremagouet.com. The parties agree that their relationship is exclusively governed by these conditions. The present conditions aim to define the terms of sale between Kabuki Spa and the client.

KABUKI SPA & INSTITUTE GIFT VOUCHERS

KABUKI SPA Gift Certificates may only be used by the bearer to pay for products or services of KABUKI SPA. The list of services is available on the website www.domainedetremagouet.com. They may not give rise to any monetary consideration, in any form whatsoever, in whole or in part (including the giving of change, credit to an account or card). They cannot be replaced or reimbursed in the event of loss or theft or when their validity period expires, nor can they be exchanged or sold. The KABUKI SPA Gift Voucher can be used in one or more instalments. A product or service paid for with KABUKI SPA gift vouchers cannot be discounted. If the service exceeds the amount of the voucher, it must be completed by another means of payment. However, if the service is less than the amount of the gift voucher, the establishment will not refund the difference. The KABUKI SPA gift vouchers are obligatorily nominative, when they are validated, they obtain a computerised number. Their use is the responsibility of the beneficiary carrying the voucher. KABUKI SPA gift vouchers are valid until the date mentioned on the voucher itself (11 months from the date of purchase). When the Beneficiary has made a reservation by telephone or by email, he/she has the possibility to postpone or cancel his/her appointment to choose another date up to 48 hours before the date of the initially chosen appointment. After this period and in case of withdrawal or no-show of the customer, no refund will be possible and the service will be considered as completed. Cancellation less than 48 hours before the date of the appointment: gift voucher considered as used.

ARTICLE 1 – ORDER

Modalities
The customer places an order online with no minimum amount. It can only be registered on the site if the customer is clearly identified by completing the mandatory information on the online form.

Acceptance/Confirmation
The fact that an Internet user confirms his/her order on the STRIPE module by clicking on the "pay" button implies full and complete acceptance without reservation of these general terms and conditions of sale in their entirety. Acceptance of the order is made online, when the customer clicks on the "pay" button after the order process. The customer then receives an e-mail acknowledging receipt of the order. However, the order is only definitively confirmed and binding on KABUKI SPA upon receipt by the customer of a confirmation e-mail. KABUKI SPA therefore invites the client to consult his/her electronic mailbox.

Progressing
Confirmed orders are processed and dispatched, after payment has been validated, from Monday to Friday, excluding public holidays in France, within approximately 5 working days. The 5-day period is an average period.

Suspension
KABUKI SPA reserves the right to suspend any order from a customer with whom there is a dispute relating to the payment of a previous order, pending payment of this prior order, regardless of the method of payment.

Signature and Proof
In all cases, the online provision of the credit card number (as well as the security number, i.e., the last 3 digits printed on the back of the credit card in the signature panel) and the validation of the order will be considered proof of the completeness of the said order in accordance with the provisions of Law No. 2000-230 of March 13, 2000 (Article 1316 et seq. of the French Civil Code), and will be considered as the due date for the sums incurred by the entry of the number of Gift Vouchers appearing on the order form. This validation is worth signature and express acceptance of the operations carried out on the site. The computerized registers, kept in the computer systems of KABUKI SPA under reasonable security conditions, will be considered as proof of communications and orders between the parties. The archiving of order forms and invoices is carried out on a reliable and durable medium so as to correspond to a faithful and durable copy in accordance with the provisions of article 1348 of the Civil Code.

Withdrawal period
The buyer has the right, in accordance with the provisions of article L.121-20 of the Consumer Code, to return, at his or her own expense, the object of the order to KABUKI SPA within 7 days of receipt of the order, enclosing a pre-stamped envelope with his or her name and address. KABUKI SPA undertakes to reimburse the customer by cheque for the Gift Vouchers within 30 days from the date of receipt of the returned order. The customer must return the complete order in its original condition and packaging by registered mail with return receipt to :
KABUKI SPA
18 Ld Trémagouet
35190 Québriac

Only the price of the Gift Certificates is refunded. Shipping and return costs are at the customer's expense.

Order tracking - Information
For more information about the processing of the order, the customer can contact: By e-mail: contact@kabuki-spa.fr

ARTICLE 2 – FEE AND PAYMENT METHODS

Fee
The price of the KABUKI SPA Gift Certificates is indicated in Euros. The price indicated does not include shipping costs. The shipping costs are fixed. Any modification of the shipping costs will be the object of a preliminary information of the customer, before any validation of his order. As a result, the total price invoiced corresponds to the price of the Gift Voucher(s) and the contribution to the shipping costs.

Currency of payment
All orders, regardless of their origin, are payable in euros via the secure payment solution STRIPE from the KABUKI SPA site.

Modalities of payment
The customer can pay for his purchases by credit card (Eurocard, Visa, Carte Bleue, Mastercard). For payment by credit card, KABUKI SPA has selected a secure payment solution STRIPE. At the time of the order, when the customer must enter or communicate his card number and its validity date, he will no longer be on the KABUKI SPA site but on the STRIPE secure payment site network. KABUKI SPA certifies that the credit card details are encrypted thanks to the SSL (Secure Soket Layer) protocol, and are never transmitted in clear text on the network, they are never known or used by KABUKI SPA. After accepting payment, the customer automatically returns to the KABUKI SPA site to continue their visit. With KABUKI SPA, the customer buys with confidence on the secure payment site.

ARTICLE 3 – DELIVERY

Place of delivery
The Gift Certificates are delivered to the address stipulated at the time of the order in Metropolitan France, according to the shipping method proposed by KABUKI SPA on its website.

Deadline
The average delivery time observed is 8 days from receipt of the order confirmation e-mail. Delivery times are not the responsibility of KABUKI SPA.
KABUKI SPA cannot be held responsible for delays or damage caused by third parties.

ARTICLE 4 – RESPONSABILITY

The company KABUKI SPA has, for all stages of access to the site, the ordering process, delivery or subsequent services, only an obligation of means. KABUKI SPA shall not be held liable for any inconvenience or damage inherent to the use of the Internet network, in particular a break in service, external intrusion or the presence of computer viruses, or any event qualified as force majeure, in accordance with jurisprudence.

ARTICLE 5 – LOSS OR THEFT

KABUKI SPA shall not be responsible in any way for the loss, theft, destruction, forgery or fraud of KABUKI SPA Cheques after delivery to the customer. Lost or stolen cheques may not be exchanged or refunded in any way. No prohibition or opposition whatsoever concerning the acceptance of a cheque by the network of shops will be possible.

ARTICLE 6 – VALIDITY DATE

KABUKI SPA Gift Vouchers have a validity date of 6 months, shown on each one, after which they cannot be used in the network, nor exchanged, nor refunded.

ARTICLE 7 – PERSONAL DATA

KABUKI SPA reminds you that in application of article 1124 of the civil code, non-emancipated minors are incapable of contracting. Consequently, orders intended for minors must be placed by the parental authority. In case of accidental collection of personal data relating to a minor, the parental authority has the capacity to oppose their conservation. KABUKI SPA reserves the right to collect data on the client in order to manage the order and to make him/her benefit from KABUKI SPA commercial offers.

The customer is informed of this automated processing of information, particularly the management of e-mail addresses. This file is subject to a declaration to the CNIL (n° 1060145). In accordance with the modified law n° 78-17 of January 6, 1978, the customer has a right of access, rectification and deletion of personal data concerning him. To exercise this right, he/she simply needs to make a request:

– By post to : KABUKI SPA, 18 Ld Trémagouet, 35190 Québriac

The information marked "mandatory" is essential for the processing of the customer's order. Failure to provide optional information shall not result in any difference in treatment of any kind for the customer. The information entered is intended for KABUKI SPA. The purpose of processing this information is to manage, secure and validate the customer's order, to fight against Internet fraud and to send commercial offers from KABUKI SPA.

ARTICLE 8 – INTELLECTUAL PROPERTY

All elements of the KABUKI SPA site, whether visual or audio, including the underlying technology, are protected by copyright, trademark or patent. They are the exclusive property of KABUKI SPA. Any hypertext link to the KABUKI SPA site, regardless of the technique used, is strictly prohibited (framing, interline linking, etc.). In all cases, any link, even tacitly authorised, must be removed on simple request from KABUKI SPA.

ARTICLE 9 – INDEPENDENCE OF CLAUSES

In the event that one of the clauses of these general terms and conditions of sale is rendered null and void by a change in legislation or regulations or by a court decision, this shall in no way affect the validity of and compliance with the other provisions of these general terms and conditions of sale.

ARTICLE 10 – DURATION

The present conditions apply throughout the duration of the online services offered by the company KABUKI SPA.

ARTICLE 11 – PROOF

The computerized registers, kept in the computer systems of the company KABUKI SPA in reasonable conditions of security, will be considered as proof of the communications, orders and payments made between the parties.

ARTICLE 12 – RETENTION AND ARCHIVING OF TRANSACTIONS

Order forms and invoices are archived on a reliable and durable medium so as to correspond to a faithful and durable copy in accordance with Article 1348 of the Civil Code.

ARTICLE 13 – APPLICABLE LAW AND JURISDICTION

The present conditions are subject to French law. In the event of a dispute relating to the interpretation and execution of these general terms and conditions of sale and in the absence of an amicable agreement between the parties, jurisdiction is given to the competent courts of the defendant's domicile, notwithstanding the plurality of defendants and/or the introduction of third parties, including for emergency or protective proceedings in summary proceedings or by petition.