General terms conditions:
PREAMBLE
These Terms and Conditions of Sale are entered into between, on the one hand, the company “Tsuki Honey, registered with the RCS of Antibes under the number 928 137 306, with a capital of 1000 euros,” hereinafter referred to as “the seller,” and, on the other hand, internet users, natural persons, non-traders, and adults, wishing to make a purchase on the website of Tsuki Honey visible at the address: https://www.tsukihoney.com, hereinafter referred to as “the user.”
These conditions govern the sale of any product or service presented on the Tsuki Honey website by Tsuki Honey.
The parties agree that their relationship will be exclusively governed by this contract, to the exclusion of any other conditions.
Any order duly validated on the tsukihoney.com website implies full and unconditional acceptance of these Terms and Conditions of Sale and, where applicable, the specific or particular conditions related to one or more products, services, or orders.
If a condition is missing, it will be considered governed by the practices in force in the remote sales sector for companies based in France. Tsuki Honey undertakes to comply with all provisions of the Consumer Code relating to remote sales.
Tsuki Honey is a sales service intended for individuals, and the products are not intended to be resold to third parties; in the case of a sale to a professional, the current conditions of withdrawal, return, and exchange do not apply.
OBJECT
These conditions aim to define the terms of sale between the seller and the user, from the order to the services, including payment and delivery.
They govern all the steps necessary for the normal processing of the order and ensure the follow-up of this order between the contracting parties.
ORDER AND AVAILABILITY
The order can only be registered on the site if the user has clearly identified themselves by entering their personal username and password.
The user declares that they are at least 18 years old and have the legal capacity or hold parental authorization allowing them to place an order on the site.
Any order implies acceptance of the prices and description of the products available for sale.
The user declares that they have read and accepted these Terms and Conditions of Sale before placing their order. The validation of their order, therefore, constitutes acceptance of these Terms and Conditions of Sale.
After placing the order, the seller sends an email to the user confirming its validation.
The seller undertakes to inform the user of the shipment of their order when the time comes.
Tsuki Honey undertakes to honor orders received on the website only within the limits of available product stocks. If the product is not available, the seller agrees to inform the user.
Tsuki Honey commits to making every effort to ensure that the product availability indicated on its website is as reliable as possible. In the event that a product indicated as available on the site is actually out of stock, Tsuki Honey will inform the user within 72 working hours.
Products have four different statuses:
In Stock: Shipped within the week, usually within 72 working hours. These are physically in stock in the companyâs warehouse in France.
On backorder: These products are not currently present in the company’s stock in France and are generally shipped within 3 months following the user’s order, depending on the timelines of different suppliers.
Pre-Order: These products are not currently present in the company’s stock in France and are generally shipped on the date indicated on the product sheet, following the user’s order, according to the timelines of different suppliers.
Out of Stock: These products are currently out of stock and cannot be ordered at this time.
Preorders
A pre-order is an advance purchase that allows the customer to reserve a product before its official release or availability in stock. For the Tsuki Honey online store, the pre-order allows the customer to secure the purchase of specific products directly from the manufacturer or supplier.
This service we offer ensures the customer that the ordered product is reserved and obtained specifically for them. By making a pre-order on the Tsuki Honey online store, the customer ensures that they will receive the product as soon as it is available, subject to exceptional situations from the manufacturer or supplier beyond our control.
Due to the exceptional nature of limited or special edition products offered for pre-order, a production or delivery delay from the manufacturer or supplier cannot result in a refund outside the legal withdrawal period.
According to the terms of Article L221-18 of the Consumer Code, the customer has a period of 14 days from the receipt of the product to exercise their right of withdrawal without having to justify reasons or pay penalties, except for return costs, which remain the customer’s responsibility, and the 30% administrative fees, see paragraph below.
PRE-ORDER CANCELLATION CONDITIONS
An administrative fee corresponding to 30% of the order amount will be retained in case of cancellation by the customer during the pre-order period beyond the 14-day reflection period after the order.
Validation and payment of the order seal the contract between our online store and the customer, who thus accepts these terms and conditions of sale unconditionally.
DELIVERY
The user certifies the accuracy of the information necessary for billing and delivery of the order transmitted to Tsuki Honey. The user is solely responsible for any errors or omissions.
Any order placed on the site and delivered outside Mainland France and, more generally, outside the European Union, may be subject to possible taxes and/or customs duties imposed when the package reaches its destination. These possible customs duties and taxes related to the delivery of an item are the responsibility of the user and fall under their responsibility. The seller is not obliged to check and inform the user of the applicable customs duties and taxes. To be informed, the user must inquire with the competent authorities of the country where the order is delivered.
The user is required to check the condition of the packaging of the merchandise upon delivery and to report any damage caused by the carrier on the delivery slip, as well as to the seller, within one week. The site offers several shipping methods. These are left to the userâs choice. The corresponding shipping costs are automatically calculated when placing the order. In case of return of the package to the company due to the clientâs failure to claim the package, refusal of the package, or failure to settle customs duties, any request for reshipment will be at the userâs expense. The delivery times mentioned are indicative and are those announced by the carriers, so they may vary. In case of delay, we cannot be held responsible, and no refund can be granted.
Delivery Problems Due to Carrier
Any anomaly concerning the delivery (damage, missing product compared to the delivery slip, damaged package, broken products, etc.) must be indicated on the delivery slip as “written reservations,” accompanied by the client’s signature. The user must also confirm this anomaly by sending the carrier a registered letter with acknowledgment of receipt within 2 working days following the delivery date, detailing the claims. The consumer must send a copy of this letter by email to coucou@tsukihoney.com.
PAYMENT TERMS
The user can pay for their purchases using one of the following payment methods:
- Online, at the time of order, by credit card: Carte Bleue, Visa, Mastercard.
- Online, at the time of order, via PayPal.
- By bank transfer: in this case, the order will only be considered final once the transfer is received.
PRICES
The prices of the products are indicated in euros (âŹ), including all taxes, excluding participation in processing and shipping costs.
The seller reserves the right to modify their prices at any time, but the products will be invoiced based on the rates in effect at the time of order registration.
The prices indicated on the site are guaranteed for the duration of the online availability and within the limits of available stocks.
RIGHT OF WITHDRAWAL / RETURN / EXCHANGE
At Tsuki Honey, we are committed to your satisfaction. If for any reason you are not fully satisfied with your purchase, our return policy allows you to return products to us. However, some exceptions may apply.
You have a right of withdrawal of 14 days from the date of receipt of your order, as defined by the French Consumer Code. This right can be exercised without providing any reason or paying penalties, except for return shipping costs and costs related to pre-orders.
To be eligible for a return, products must be in their original packaging, unopened, with all included accessories, free from signs of use, and in perfect resale condition. Any product that is damaged, incomplete, or whose original packaging is deteriorated will not be refunded or exchanged.
Please note that online sales involve risks related to shipping, and ownership of the product is transferred to the customer upon shipment. Any damage to the product packaging cannot be used as a basis for a claim by the customer, nor for a return or exchange, unless a reservation was previously made with the carrier upon delivery.
To initiate a return, please contact our customer service to obtain a return authorization number. Our team may request photos or additional information before confirming acceptance of the return. Once the return number is obtained, the product can be sent to the following address: SAS Tsuki Honey â 3 rue Modigliani â 06800 Cagnes-sur-Mer. Return shipping costs are the customerâs responsibility.
For any request for return, refund, or exchange related to a damaged, missing, or non-conforming product, it is strongly recommended to provide evidence (unboxing video, photographs, communications with the carrier, etc.).
This evidence facilitates the processing of the request and helps establish potential responsibilities. In the absence of sufficient evidence, Tsuki Honey may refuse or delay the processing of the claim.
Practical tip: for your protection, record a single continuous video showing: the unopened package with the shipping label visible, the complete opening of the package, and the inspection of the product(s) received.
After receiving and verifying the condition of returned products, we will proceed with the refund using the same payment method you used for the purchase. The refund will be processed within 14 days following the receipt of the returned products.
If the user wishes to exchange an item for another item with a higher price than their original item, they must include payment of the difference with the exchange request.
Conversely, if the chosen item is of lesser value than the item being exchanged, the user will receive a credit in the form of a code (usable on the companyâs website) to refund the difference.Furthermore, items such as âaccessories,â random products, or gift cards are neither returnable nor exchangeable.
The user has the right to contact a mediator. He can find a mediator here.
GUARANTEES AND LIABILITY
All products offered by Tsuki Honey benefit from the legal guarantee provided by Articles 1641 and following of the Civil Code. The user also benefits from the legal guarantee of conformity provided for in Articles L211-4 and following of the Consumer Code.
Article L211-4 Consumer Code
The seller is required to deliver goods that conform to the contract and is responsible for any lack of conformity existing at the time of delivery. This responsibility also extends to any lack of conformity resulting from the packaging, assembly instructions, or installation when these have been assigned to the seller by the contract or were carried out under the seller’s responsibility.
Article L211-5 of the Consumer Code
To conform to the contract, the goods must:
- Be suitable for the usual purposes of goods of the same type, and where applicable:
- Match the description given by the seller.
- Possess the qualities that a buyer can legitimately expect, considering the public statements made by the seller, the producer, or their representative, particularly in advertising or labeling.
Have the features defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, which was made known to the seller and accepted by them.
Article 1641 of the Civil Code
The seller is bound by the guarantee against hidden defects of the item sold, which render it unfit for the use for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lower price if they had known about them.
Article 1648, Paragraph 1 of the Civil Code
The action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect.
Article 1245 of the Civil Code
“The liability for defective products shall apply to the producer, whether or not they are bound by a contract with the victim.”
Two options are available for after-sales service:
Contacting Tsuki Honey: Tsuki Honey will contact the manufacturer to determine the appropriate course of action. This often involves returning the product to the manufacturer for inspection so that they can carry out repairs or exchange the product.
Contacting the Manufacturer: The manufacturer will guide the user on the steps to follow, possibly sending the missing parts.
SIGNATURE AND EVIDENCE
Any user of the site who does not have a customer account must follow a registration procedure to open their personal customer account. The username and password are confidential and should not be shared with third parties. In case of suspected unauthorized use of their account, the user must promptly notify the seller.
In any case, the online provision of the credit card number and the final validation of the order will be considered proof of the entirety of the said order, in accordance with the provisions of the law of March 13, 2000, and will constitute the exigibility of the sums committed by the entry of the items listed on the order form.
This validation serves as a signature and express acceptance of all operations carried out on the site.
LIABILITY
Tsuki Honey is obligated to achieve a specific result in all stages of the order process and post-order activities until the conclusion of the contract.
Thus, the seller undertakes to describe the products sold on the website www.tsukihoney.com with the greatest possible accuracy. However, the seller’s liability cannot be engaged if the non-performance of its obligations is attributable either to an unforeseeable and insurmountable event caused by a third party to the contract or to a case of force majeure as defined by French jurisprudence. Similarly, the seller cannot be held liable for any inconveniences or damages inherent to the use of the internet network, particularly a service disruption, external intrusion, or the presence of computer viruses.
PERSONAL DATA
The seller reserves the right to collect user data. The personal data provided by the user or collected via the operation of the site (for example, through cookies) are intended to ensure the successful completion of deliveries, improve service quality, and better meet user expectations. The user consents to the use of their data by the seller, particularly for the purpose of providing them with information on services and promotional offers that may interest them.
If the user does not wish to receive these offers, they can request this at any time, either directly on their customer account or by sending a letter to “coucou@tsukihoney.com,” indicating their name, first name, email address, and if possible, customer reference.
In accordance with the provisions of the Data Protection Act of January 6, 1978, the user has the right to access and correct their personal data by simply making a written request to the seller’s customer service.
User data is kept confidential by the seller for two years from the last visit to the site.
The user is informed that this automated processing of information, particularly the management of email addresses, has been declared to the CNIL under number 1510831 on June 6, 2011.
The seller implements all means to ensure the confidentiality and security of data transmitted on the web. To this end, the website uses a secure payment method, SSL (Secure Socket Layer).
INTELLECTUAL PROPERTY
All elements of the tsukihoney.com website, whether visual or audio, including the underlying technology, are protected by copyright, trademarks, or patents.
ENTIRETY
In the event that any provision of this contract is deemed null and void due to a change in legislation, regulation, or a court decision, the validity and compliance with these General Terms and Conditions of Sale shall not be affected in any way.
DURATION
These conditions apply for the duration of the online services offered by tsukihoney.com.
PROOF
The computerized records, kept in the computer systems of Tsuki Honey and its partners under reasonable security conditions, will be considered proof of communications, orders, and payments made between the parties.
STORAGE AND ARCHIVING OF TRANSACTIONS
The archiving of order forms and invoices is carried out on a reliable and durable medium in accordance with Article 1348 of the Civil Code, ensuring a faithful and durable copy.
APPLICABLE LAW AND JURISDICTION
These conditions are subject to French law. In the event of a dispute, the competent court will be the one in the defendant’s place of residence or, at the plaintiff’s choice, the place of actual delivery of the product.
CHANGES TO THESE GENERAL CONDITIONS OF SALE
Given the possible evolutions of the site, Tsuki Honey reserves the right to adapt or modify these Terms and Conditions of Sale at any time. The new Terms and Conditions of Sale will, where appropriate, be brought to the userâs attention by online modification and will apply only to sales made after the modification.
