Updated on 01 June 2024.

ARTICLE 1 – DEFINITIONS

Buyer(s): refers to any User of the Site who is a consumer within the meaning of consumer law (i.e. any natural person acting for private purposes that are not part of his or her commercial, industrial, artisanal, liberal or agricultural activity) and who places an Order for Products on the Site.

T&Cs : refers to these general terms and conditions of sale for the Products.

Order : refers to the purchase of one or more Products by a Buyer on the Site.

Product(s): refers to all items sold on the Site by the Seller, in particular fashion accessories.

Customer Service: refers to the Seller's Customer Service whose contact details appear in Article 17 of these T&Cs.

Website : refers to the Internet distance selling website published by the Seller, accessible at the following address:

Territory : refers to the entire world, excluding Russia, Belarus and Iran.

User : refers to any person visiting the Site.

Seller : refers to the company Rafik Bouajila identified in Article 2.1 of the T&Cs.

 

ARTICLE 2 - CHAMP D’APPLICATION

2.1 These T&Cs are applicable without restriction or reservation to all sales of Products made by the Seller, Rafik Bouajila, a micro-enterprise with its registered office at 2 rue de Coysevox – 69001 LYON, registered with the Lyon Trade and Companies Register under number 951 138 775 through its Website.

2.2 The process of distance selling Products through the Site, as described in these T&Cs, is reserved for Buyers defined in Article 1 of the T&Cs. Prior to placing an Order, the Buyer declares that the purchase of Products on the Site is limited to strictly personal use and unrelated to a commercial activity. Any Order that clearly does not correspond to a retail sale and, more generally, any Order that is fraudulent or presumed to be fraudulent, will be considered by the Seller as null and void.

2.3 These T&Cs are applicable only for the delivery of the Products in the Territory.

ARTICLE 3 – PURPOSE

3.1 The purpose of the T&Cs is, on the one hand, to inform any Buyer of the terms and conditions under which the Seller sells the Products through the Site as well as to deliver them, and on the other hand, to define the rights and obligations of the Seller and the Buyer in this context.

In particular, they specify the various steps necessary for the Buyer to place the Order, the payment and delivery methods, as well as the follow-up of the Buyer's Order.

3.2 Any Order for Products implies the Buyer's full acceptance of these T&Cs. At the time of the Order, the Buyer acknowledges that he has read and accepted all of the T&Cs without reservation, this acceptance being in no way conditioned by a handwritten signature on the part of the Buyer.

3.3 The T&Cs may be consulted at any time by any person visiting the Site and stored by means of a computer recording and/or by printing them.

3.4 The Seller reserves the right to modify these T&Cs at any time without notice, in particular due to changes in regulations, by publishing a new version on the Site.

3.5 The fact that one of the parties does not rely on any of the clauses of the T&Cs against the other party may not be interpreted in the future as a waiver of its application.

ARTICLE 4 – PRODUCTS

4.1 PRODUCT INFORMATION

Information relating to the Products sold through the Site is available, with their references, on the Site. The Buyer acknowledges that he or she has been aware, prior to any Order on the Site, in French, of the essential characteristics of the Product (in particular the nature, function, composition, materials, color, dimensions and precautions for use and maintenance instructions) as well as the price of the Products and any additional costs, in particular delivery, to be borne by the Buyer, in accordance with Article L.111-1 of the Consumer Code.

It is the responsibility of the Buyer to check the list of materials making up the Products appearing on the product sheet and to inquire before any Order about any allergies.

Despite all the care that the Seller takes in the presentation of its Products on the Site, the Seller cannot guarantee that their actual appearance corresponds exactly to their appearance on the screen. Minor variations (especially in terms of colour) may occur in particular, in particular because of the technical limitations of the colour rendering of computer equipment. These do not engage the responsibility of the Seller and do not affect the validity of the sale.

It is also the responsibility of the Buyer to comply with the conditions of use and maintenance advice for the Products appearing on the Product sheets, in accordance with the Seller's instructions and recommendations.

For any questions relating to the Products and their use, any additional questions or requests for advice, the Buyer may contact Customer Service.

4.2 PRODUCT AVAILABILITY

The Seller reserves the right to modify the assortment of Products offered for sale on its Site at any time, depending in particular on the constraints related to its suppliers.

The Products are offered for sale, as long as they are visible on the Site on the day of its consultation by the Buyer and they include an " Add to cart " button.

The product sheet informs the Buyer when the Product in question is no longer in stock or requires a longer delivery time. In such cases, the "Add to Cart" function will be disabled for unavailable Products and the words "Out of Stock" or "Pre-Order" will appear under these Products.

In the event that an ordered Product is unavailable after the Order has been placed, Customer Service will contact the Buyer to inform him of this unavailability, the new estimated delivery time and the Buyer's right to cancel his Order. In the event of a request to cancel the Order, the Seller will refund its total price as soon as possible and at the latest within fourteen (14) days of the cancellation of the Order.

ARTICLE 5 – PRIX

5.1 The sale prices of the Products displayed on the Site are indicated:

- all taxes included (including VAT) for metropolitan France and in euros, it being specified that they take into account the VAT rate in force in metropolitan France on the day of the Order;

- all taxes included (including VAT) for the European Union and in euros, it being specified that they take into account the taxes in force in the country concerned;

- excluding taxes (excluding taxes) outside the European Union and in the local currency;

- excluding delivery costs, invoiced in addition to the Buyer, unless otherwise stated.

The delivery costs are indicated to the Buyer before the validation of his Order.

5.2 The prices of the Products and delivery costs indicated on the Site may be modified at any time by the Seller. It is recommended that the Buyer regularly consult the T&Cs and the Site.

The applicable prices will be those indicated on the Site at the time of validation of the Buyer's Order and recalled in the Order confirmation.

5.3 If the Seller notices a pricing error displayed on the Site and/or in the Order made by a Buyer, for whatever reason (computer bug, manual error, technical error), the Buyer will be informed as soon as possible. The Seller reserves the right to cancel the Order for the Product affected by an obvious pricing error. If the Order has been paid, the Buyer will be immediately reimbursed for the amount paid. The Buyer will be able, if he wishes, to replace the Order at the corrected and accurate price, subject to available stocks.

5.4 The Order must be paid for in accordance with the payment terms provided for in Article 6.2.4 of the T&Cs.

5.5 The Buyer will receive, at the time of the Order confirmation, written confirmation of the price paid, detailing the unit price of the Products and the delivery costs, if any, charged to him/her, as well as the total price paid.

ARTICLE 6 – ORDERING PROCEDURES

6.1 GENERAL

Any User of the Site may read the Products without obligation to purchase.

All Users and Purchasers shall be responsible for the telecommunication costs associated with Internet access.

6.2 STEPS IN THE ORDERING PROCESS

IDENTIFICATION OF THE BUYER

It is not mandatory to open a personal customer account to place an Order on the Site. Thus, the Buyer may Order one or more Products, either through his customer account or as a guest.

If the Buyer does not have a customer account, he will be invited, if he wishes, to create one by indicating exactly his identity, his contact details, as well as a valid email and a password. When the Buyer has registered his account on the Site, he will receive a confirmation email that will allow him to access his account.

In the event that the Buyer already has a customer account on the Site, he will be asked to identify himself with his email address and password.

Login credentials and passwords are strictly personal. Each Buyer undertakes to keep them safe and not to communicate them to third parties. In the event of loss, theft or any other fraudulent use of its customer account, the Buyer undertakes to inform the Seller immediately. In addition, in the event that Seller has reason to suspect that a third party has violated a Buyer's account, password and/or login ID, Seller reserves the right to immediately terminate the relevant account and will notify Buyer by email or telephone.

In the event of a change in the information provided for the creation of their account, the Buyer must update it directly on the Site.

Emails are sent to the email address provided by the Buyer. The Seller cannot be held liable in the event of an error in the entry or non-receipt of the message confirming the dispatch or availability of the Order.

6.2.2 SELECTION OF PRODUCT(S)

To place an Order, the Buyer may select one or more Product(s) of their choice from the various categories offered (e.g. nature, model, colour, size, material) and available for sale on the Website on the day of consultation.

The Buyer can add the selected Product to his cart by clicking on the " Add to cart " button from the Product page. The shopping cart located at the top right of the screen informs the Buyer that he has taken into account the selections by indicating the number of products it contains.

As long as the Order is not definitively validated, the Buyer can consult and access his basket at any time, modify it and correct any errors in the elements entered. This basket does not in itself constitute an Order that may bind the Seller. At this stage of the Order process, the total amount of the Order including VAT contains only the price due for the selected Products, excluding delivery costs.

The Buyer acknowledges that in the event of prolonged inactivity during login, it is possible that the selection of the Products chosen prior to such inactivity will no longer be guaranteed.

6.2.3 ORDER VALIDATION

As soon as the Buyer has finished selecting the Product(s) he wishes to acquire, he must click on the " Order " button. The Buyer then obtains an Order summary, mentioning in particular the total price of the Order in euros, including the unit cost of the Product(s) and delivery costs if applicable.

If the Order summary is satisfactory, the Buyer must then fill in the following elements (or confirm them if they are pre-filled in the case of a customer account):

• their contact details (surname, first name, telephone, email);
• its choice of delivery method, with delivery costs varying depending on the delivery method and delivery location;
• the delivery address (which must be located in the Territory defined in Article 1 of the GTC);
• the billing address if it is separate from the delivery address;
• The payment method selected:

The Buyer guarantees and is responsible for the accuracy and completeness of the information provided.

The Buyer may modify his Order and rectify any errors at any time before the payment of the Order.

6.2.4 PAYMENT

Before definitively validating the Order, the Buyer must accept the T&Cs in force on the Site and then click on the " Continue to payment " button.

Unless specific conditions apply depending on the country of destination, payment is made exclusively in euros and is made at the Buyer's choice:

• by credit card (by choosing payment by credit card - CB, Visa, Eurocard/Mastercard, American Express network, the Buyer is automatically redirected to the dedicated secure payment site),
• or via his PayPal account,
• or through their Apple Pay account,
  
  

If the payment is accepted, the Buyer will automatically see the validation page of his Order appear on the Site. In the event of a failed payment after five (5) attempts, the Buyer will be redirected on the Site to a screen indicating the refusal of payment using the payment method in question.

Payment is made in full and in a single payment at the end of the Order process, unless otherwise specified.

The Buyer is debited at the time of confirmation of the Order by the Seller.

The Buyer will not be able to cancel his Order after it has been validated and paid.

In the event of payment by credit card, the Buyer guarantees to the Seller that he is the holder of the bank card used to pay for the Order and that the name and surname appearing on this bank card to be debited are indeed his own. The Buyer communicates in a secure environment on the Internet, the number and expiry date appearing on the front of his bank card as well as the numbers of the visual cryptogram appearing on the back of his bank card. This data is automatically transmitted in encrypted mode to be verified to prevent misuse and fraud.

However, during each transaction, the Seller carries out an analysis of the transaction, in order to limit the risk of fraudulent behavior. In the event of an alert, some orders could be blocked. As such, the Seller reserves the right to request that the Buyer send proof of identity.

If the Seller does not have the possibility of verification, the Buyer will have the option of selecting another means of payment or cancelling the order, at its own expense.

The seller cannot be held responsible for any refusal to proceed with an Order blocked on suspicion of fraud.

In addition, in the event that, for any reason whatsoever (opposition, refusal by the issuing centre, etc.), it is impossible to debit the sums due by the Buyer, the Order will be cancelled immediately.

CONFIRMATION OF THE ORDER BY THE SELLER

From the moment the Buyer has validated his Order, the Seller will acknowledge receipt of it without delay by email addressed to the Buyer.

Once payment has been confirmed and duly made by the Buyer, an Order and payment confirmation will be sent to the Buyer by email. This Order and payment confirmation will be accompanied by the Order number, the total amount of the Order, the details of the Products ordered (nature, quantity and unit price), information relating to the cost and the estimated delivery time.

The invoice is available on request from the Buyer to the Customer Service.

It is agreed between the Seller and the Buyer that the emails will be authentic between the parties as well as the automatic registration systems used on the Site, in particular with regard to the nature and date of the Order.

The Seller recommends that the Buyer keep the Order and payment confirmation received on paper or computer.

The Buyer is informed that the emails corresponding to the Order confirmation and the payment confirmation are sent to the email address provided by the Buyer at the time of the Order. The Seller will not be responsible in any way in the event of an error in the entry of the email address concerned. If these emails are not received, it is recommended that the Buyer check whether they are not included in the spam folder.

Pursuant to Article L.213-1 of the French Consumer Code, when an Order is for an amount equal to or greater than one hundred and twenty (120) euros, the Seller shall keep the information relating to any Order for a period of ten (10) years from the date of delivery. The Seller will make these elements available to the Buyer upon request to the Customer Service at the following address contact@yumika.fr

6.3 ORDER REFUSAL

In accordance with Article L.121-11 of the Consumer Code, the Seller reserves the right to refuse or cancel any Order in the event of a legitimate reason, in particular in the event of:

• Unavailability of the Product ordered.
• Orders of an abnormal nature, in particular in the event of a quantity of Products and/or an amount to be paid exceeding the usual or normal average needs of a consumer or a household, in the event of a flow of abnormal Orders to the same billing and/or delivery address, or in general, in the event of an Order that would suggest that an economic activity is carried out by the Buyer in connection with the Products ordered.
• Default or incident of payment by the Buyer, including in connection with previous Orders.
• Bad faith on the part of the Buyer (e.g. fraud or attempted fraud relating to the use of the Site, existing dispute with the Buyer, suspicious bank details).

 

6.4 CASE OF PRE-ORDERS

Certain Products, specially indicated on the Site, may be offered for " pre-order ".

It is possible to include in the same selection, Products in pre-order and Products in stock.

Subject to the conditions mentioned on the Products available for pre-order page (delivery times and methods), pre-orders will be subject to the same processes and conditions as those provided for an Order.

Due to the uncertainties related to the production of the Products, the Seller may be required to cancel all or part of the Buyer's pre-order in certain cases. In such case, the Seller shall inform the Buyer without delay.

ARTICLE 7 – TERMS OF DELIVERY

7.1 GENERAL

The delivery of the Products will only take place after the payment of the total amount of the Order has been recorded by the Seller, unless otherwise agreed (e.g. PayPal, etc.).

Information concerning the delivery methods (delivery costs, delivery time, delivery method) is accessible on the Site and indicated to the Buyer at the time of placing the Order (from the cart validation page as well as on the Order summary page), up to the payment stage of the Order.

The transfer of the risks of loss and deterioration of the Products will be carried out from the time of their delivery to the Buyer.

7.2 PLACE OF DELIVERY

Delivery of the Order means the transfer of physical possession of the Products to the Buyer. It is deemed to have been carried out as soon as the Products are handed over to the Buyer in person at his or her home, provided at the time of the Order.

It is recalled that no deliveries may be made outside the Territory defined in Article 1 of the T&Cs, but also, for security reasons, to transit agencies, university campuses, relay points, post office boxes or hotels (other than those appearing on a list that can be obtained on request from Customer Service).

7.3 SHIPPING COSTS

The prices of the Products are exclusive of delivery costs. The delivery costs invoiced in addition to the Buyer are defined according to the nature of the Product, the quantity of Product(s) ordered, the delivery method chosen by the Buyer and the place of delivery.

Delivery charges include processing, packing, shipping, delivery and tracking of the Order.

7.4 DELIVERY TIME

The estimated delivery time can be found on the product sheet at the time of purchase and in the Order confirmation email. This is an indicative time corresponding to the average delivery time, which may vary depending on the place of delivery and/or the method of delivery.

If applicable, the Seller will inform the Buyer by email of the difficulties encountered disrupting or delaying the delivery and will communicate the new foreseeable delivery time.

In the absence of a delivery time by the Seller, delivery must in any event take place no later than thirty (30) days from the Order, subject to full payment of the price by the Buyer. Failing this, the Buyer may request the cancellation of his Order and the cancellation of the sale under the conditions of articles L.216-6 and L.216-7 of the Consumer Code. The Buyer will then be reimbursed at the latest within fourteen (14) days of the date of denunciation of the sale.

7.5 METHODS OF DELIVERY

The Products ordered by the Buyer are delivered by the Seller or the carrier selected by the Seller to the delivery address provided by the Buyer at the time of the Order.

· Home delivery:

Each Order is assigned a tracking number. By logging into their customer account on the Site, the Buyer has a link allowing them to track the status of their package via the carrier's website.

The package containing the Products ordered and paid for is delivered in person against signature to the Buyer at the delivery address provided at the time of the Order.

The Buyer is informed by email and/or text message of the handling of the package by the carrier as well as the delivery date.

In case of absence, the Buyer may choose a new delivery date, the provision in a relay point or at the nearby post office.

When an international delivery (and more particularly to a country with customs duties) is refused by the Buyer with the carrier, for any reason whatsoever, the Seller reserves the right to charge the return costs to the Buyer as well as the customs fees (for the return of the Product to its country of origin). The amount of these fees will be deducted directly when the Order is refunded.

ARTICLE 8 – RIGHT OF WITHDRAWAL AND RETURNS OF PRODUCTS

8.1 EXERCISING THE RIGHT OF WITHDRAWAL

In accordance with Article L.221-28 of the Consumer Code, the Buyer has a right of withdrawal on the Products purchased, except for the following Products:

• Products made to the Buyer's specifications or clearly personalized;
• Products unsealed by the Buyer after delivery and which cannot be returned for reasons of hygiene or health protection.

In accordance with Article L.221-18, the Buyer has a period of fourteen (14) days from the day after receipt of the Products to exercise his right of withdrawal, without having to justify his decision. If this period expires on a Saturday, Sunday or a public holiday or non-working day, it is extended until the first following working day. Beyond this period of fourteen (14) days, the sale is firm and final.

If the Buyer has ordered several Products in a single Order, or if the delivery has been made in several parts, the withdrawal period does not begin to run until the Buyer takes possession of the last Product or the last part of the delivery.

The Buyer must notify his decision to withdraw to the Customer Service, by email at the address: contact@yumika.fr, before the expiry of the fourteen (14) day withdrawal period:

• by sending the withdrawal form at the end of these T&Cs,
• or by any other unambiguous statement clearly expressing his or her intention to retract.

The mere return of Products by the Buyer or the refusal to take delivery, without prior notification of its decision to withdraw, is not sufficient to express the Buyer's desire to withdraw.

8.2 RETURNS UNDER THE RIGHT OF WITHDRAWAL

In order to be able to return a Product, the Buyer must necessarily create a customer account on the Site.

The Buyer must return the Product to the Seller no later than fourteen (14) days following the communication of its decision to withdraw. It is recommended that the Buyer keep any proof of this return.

The return is free of charge for the Buyer for deliveries. In this case, the Seller will issue a return slip to the Buyer by email, to be printed and stuck on the package. The postal address to which the Product must be returned appears on the return voucher provided by the Seller.

In any event, the Buyer undertakes to return the Products:

• eligible for the right of withdrawal, in accordance with Article 8.1 of the T&Cs,
• in their original packaging and packaging, so that the Product is protected,
• in their perfect original condition and without any abnormalities (dirt, deterioration, scratches),
• complete and accompanied by all the accessories of the Product (e.g. second removable shoulder strap) and the documents provided (e.g. box containing the Product, pouch, booklet, instructions),
• unused, unworn,
• unsealed if applicable,
• accompanied by the corresponding return slip.

The Seller will verify upon receipt whether the returned Product actually meets the aforementioned conditions. Otherwise, the returned Product will not be refunded and may be returned to the Buyer, upon request, provided that the latter covers the shipping costs.

8.3 REFUND

If the return is validated by the Seller, the latter will reimburse the Buyer for the price of the Product concerned:

• at the latest within fourteen (14) days from the date on which it is informed of the Buyer's decision to withdraw, provided that it has received the Product concerned within this period,
• according to the same means of payment as that used by the Buyer when placing the Order, unless expressly agreed otherwise by the latter and in any event without additional costs.

Seller will also refund the initial delivery costs of the Product, however:

• If the Buyer has expressly chosen a more expensive delivery method than the standard delivery method offered, these additional costs will not be refunded to the Buyer.
• If the Buyer decides to return some of the Products ordered, the initial delivery costs will not be reimbursed as the amount of the delivery costs is a flat rate and does not depend on the number of Products ordered.

The returned Product cannot be exchanged under any circumstances. The Buyer will have to place a new Order.

ARTICLE 9 – ANOMALIES CONSTATEES A RECEPTION

This article shall apply without prejudice to the implementation of the legal guarantees referred to in Article 10 of the T&Cs.

9.1 COMPLAINTS

The Buyer is invited to check the apparent condition of the package and the Products upon delivery, and to report as soon as possible from receipt of the Order any anomaly observed on the package and/or the Products to Customer Service by email at the address: contact@yumika.fr , indicating the Order number and sending any proof of the anomaly (e.g. photographs).

9.2 RETURNS

As soon as the complaint is made to Customer Service, the Buyer will be contacted by Customer Service as soon as possible to discuss the complaint. Once the anomaly has been confirmed by Customer Service, the latter will inform the Buyer of the procedure to be implemented.

In order to be able to return a Product, the Buyer must necessarily create a customer account on the Site.

Article 10 – LEGAL GUARANTEES

All Products for sale on the Site benefit from the legal guarantee of conformity and the legal guarantee against hidden defects, allowing the Buyer to return defective or non-compliant Products free of charge, according to the terms and conditions defined below.

10.1 LEGAL GUARANTEE OF CONFORMITY

In accordance with Article L.217-3 of the Consumer Code, the Seller is liable for any lack of conformity of the Product, existing at the time of delivery of the Product to the Buyer, which appear within two (2) years of the delivery.

In accordance with Article L.217-4 of the Consumer Code:

' The property shall be in conformity with the contract if it satisfies, in particular, where applicable, the following criteria:

1° It corresponds to the description, type, quantity and quality, in particular with regard to functionality, compatibility, interoperability, or any other characteristic provided for in the contract;

2° It is suitable for any special use sought by the consumer, brought to the attention of the seller at the latest at the time of the conclusion of the contract and which the latter has accepted;

3° It is delivered with all accessories and installation instructions, to be supplied in accordance with the contract;

4° It is updated in accordance with the contract »

In particular, Products corresponding to these criteria are considered to be non-compliant:

• error on the model (e.g. ordered bag N°1 received bag N°3)
• error on the color (e.g. ordered bag N°1 black received bag N°1 blue)
• quality problem, subject to the sending of photographs and validation by Customer Service.

In accordance with Article L.217-7 of the Consumer Code, defects of conformity that appear within twenty-four (24) months of the delivery of the Product are, in the absence of proof to the contrary, presumed to exist at the time of delivery, unless this presumption is incompatible with the nature of the Product or the defect invoked.

10.2 LEGAL WARRANTY AGAINST LATENT DEFECTS

In accordance with Article 1641 of the Civil Code, the Seller is also liable for hidden defects in the item sold that make it unfit for the use for which it is intended, or that so diminish this use that the Buyer would not have acquired it, or would have given only a lower price, if he had known of them.

In accordance with Article 1648 paragraph 1 of the Civil Code, the Buyer may bring the action resulting from the warranty against latent defects within a period of two (2) years from the discovery of the defect.

10.3 TERMS AND CONDITIONS FOR THE IMPLEMENTATION OF LEGAL GUARANTEES

 

When acting as a legal guarantee of conformity, the Buyer:

• has a period of two (2) years from the delivery of the property to act;
• may choose between the repair or replacement of the goods (unless the requested compliance is impossible or entails disproportionate costs, under Article L.217-12 of the Consumer Code) or, failing that, the price reduction or the termination of the contract;
• is exempted from providing proof of the existence of the lack of conformity of the goods during the twenty-four (24) months following the delivery of the goods.

The legal guarantee of conformity applies regardless of any commercial guarantee granted.

The Buyer may decide to implement the warranty against hidden defects in the item sold within the meaning of Article 1641 of the Civil Code. In this case, he can choose between rescission of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.

10.4 CONSEQUENCES OF THE IMPLEMENTATION OF SAFEGUARDS

As soon as the complaint is made to Customer Service, the Buyer will be contacted by Customer Service as soon as possible to discuss the complaint. Once the anomaly has been confirmed by Customer Service, the latter will inform the Buyer of the procedure to be implemented.

In accordance with Article L.217-8 of the French Consumer Code, in the event of implementation of the legal guarantee of conformity, the Seller undertakes, within the legal deadlines:

• bringing the Product into conformity by repair or replacement (at the Buyer's choice),
• or, if compliance proves impossible, to the reduction of the price or the termination of the contract (reimbursement of the price).

In accordance with Article 1644 of the French Civil Code, in the event of the implementation of the legal warranty against latent defects, the Seller undertakes, according to the Buyer's choice, within the legal deadlines:

• refund the price if the Buyer returns the Product,
• or refund a portion of the price if the Buyer decides to keep the Product.

10.5 DISCLAIMERS OF WARRANTIES

Products that have been modified, repaired, integrated or added by the Buyer or damaged as a result of misuse or lack of maintenance attributable solely to the Buyer are excluded from the warranties.

ARTICLE 11 – LIMITATION OF LIABILITY

11.1 PRODUCTS

The Products offered on the Site comply with the French and European standards in force.

The Seller cannot be held liable in the following cases:

• Loss of or damage to the Product after delivery to the Buyer;
• Abnormal use of the Product by the Buyer;
• Failure to maintain the Product or maintenance not in accordance with the Buyer's recommendations;
• Poor storage conditions of the Product by the Buyer;
• Allergy to materials or materials making up the Products as mentioned in the Product sheet.

11.2 ACCESS TO THE SITE

The Seller reserves the right to make the Site inaccessible if necessary, without notice, in particular in the event of necessary updates or maintenance or technical malfunctions.

The Seller cannot be held liable in the event of events that could hinder the continuity of access in whole or in part to the Site (interruption of access to the Site, bugs, malfunction or any other technical problem occurring on the Site).

The Seller declines all responsibility for direct or indirect damage resulting from the use of and/or access to the Site (inaccessibility, loss of data, deterioration, destruction or computer virus, breakdowns). It is the responsibility of any User connecting to the Site to take all appropriate measures to protect their own data and/or software stored on their computer equipment against any attack. The connection of any User of the Site is under his or her sole responsibility.

ARTICLE 12 – FORCE MAJEURE

12.1 In the event of the occurrence of a force majeure event, preventing or delaying the execution of the Order or these T&Cs, the Seller shall inform the Buyer as soon as possible by email and shall be released from its obligations described in these T&Cs for the duration of the force majeure event, without any compensation whatsoever to the Buyer.

12.2 In accordance with Article 1218 of the Civil Code, a case of force majeure is considered to be any event beyond the control of the Seller, preventing him from executing the Order, which could not reasonably be foreseen at the time of the conclusion of the contract and whose effects cannot be avoided by appropriate measures.

ARTICLE 13 – RETENTION OF TITLE

THE SELLER RETAINS FULL AND COMPLETE OWNERSHIP OF THE PRODUCT SOLD UNTIL THE FULL PRICE HAS BEEN RECEIVED, INCLUDING THE PRINCIPAL AMOUNT, INCLUDING FEES, TAXES AND COMPULSORY CONTRIBUTIONS.

ARTICLE 14 – INTELLECTUAL PROPERTY

The trademark and more generally all illustrations, images, logos and sound elements, appearing on the Products and/or the Seller's Site, their accessories or packaging, whether registered or not, are and will remain the exclusive property of the Seller. Any total or partial reproduction, modification or use of these trademarks, illustrations, images, logos and sound elements, for any reason and on any medium whatsoever, without the express prior consent of the Seller, is strictly prohibited. The same applies to any combination or conjunction with any other trademark, symbol, logotype, sound elements and, more generally, any distinctive sign intended to form a composite logo. The same shall apply to all copyrights, designs and models, patents which are the property of the Seller.

The use of all or part of the Site, in particular by downloading, reproduction, transmission or representation for purposes other than for personal and private use for non-commercial purposes is strictly prohibited. Violation of these provisions exposes the perpetrator to the penalties provided for both by the Intellectual Property Code in respect of, in particular, copyright infringement, trademark law, and by the Civil Code in matters of civil liability.

The creation of hypertext links to any of the pages or elements of the Site may only be made with the prior written authorization of the Seller. It can be revoked at any time. Sites with a hypertext link to the Site or to which the Site may refer are not under the control of the Seller, and the latter therefore declines any responsibility for access to and content on these sites.

ARTICLE 15 – PERSONAL DATA

15.1 By ordering a Product on the Site, the Buyer agrees that the Seller may collect, use and process the personal information provided (names, date of birth, postal address, email address, bank details, password) necessary to ensure the execution, management, follow-up, delivery and invoicing of the Order, in compliance with the French Data Protection Act of 6 January 1978 as amended and the European General Data Protection Regulation No. 2016-679 known as "GDPR".

15.2 The purposes and conditions under which the Seller collects and processes personal data are set out in the Seller's " Privacy and Personal Data Protection Policy" and in the " Cookie Policy" accessible on the Site.

15.3 All Purchasers have the right to information, access, opposition, rectification, erasure, limitation of processing, deletion and a right to portability of the personal information concerning them that they communicate in the context of any Order that they may exercise by writing to the following address: contact@yumika.fr

ARTICLE 16 – APPLICABLE LAW – MEDIATION – DISPUTE

16.1 Any Order placed on the Site and these T&Cs are governed by French law, subject to the mandatory and protective provisions of the consumer provided for by the law of the country of destination.

16.2 In the event of a dispute relating to an Order for Products on the Site or to the application and/or interpretation of the T&Cs, the Buyer may make a written complaint to Customer Service by email at the following address: contact@yumika.fr

The Buyer may also submit its complaints on the European dispute resolution platform set up by the European Commission, accessible at the following address: https://ec.europa.eu/consumers/odr/, in particular in the event of a cross-border dispute.

In the event of recourse to mediation, each party is free to accept or reject the solution proposed by the mediator.

16.3 In the absence of an amicable solution or recourse to mediation, the Buyer has the right to refer the matter to the competent court in accordance with the rules laid down by the Code of Civil Procedure and the Consumer Code.

ARTICLE 17 – CUSTOMER SERVICE

For any information, question, advice or complaint on the T&Cs or the Products, the Buyer must contact the Seller's Customer Service:

• Via the " Contact " form accessible on the Website
• Or by email at: contact@yumika.fr
• Or by phone: 07 56 80 55 77

Withdrawal form

Please complete and return this form only if you wish to withdraw from the contract, to the attention of Customer Service by email at contact@yumika.fr

To the attention of YUMIKA Customer Service:

I hereby notify you of my withdrawal from the contract relating to the sale of the product below:

• Product:
• Order No.:
• Order Date:
• Date of receipt of the Order:
• Name of the Buyer:
• Buyer's Address:
• Buyer's signature (only in case of notification of the form on paper)
• Date :