Terms and conditions of use

April 11, 2020 update

1. About us

TOÏRO, a limited liability company (sole shareholder), with a capital of 83,000.00 euros, with its registered office at 21 rue de Fécamp Paris (75012), registered in the RCS Paris trade and companies register under the number 878 464 924 represented by Mrs. Tomoko KAWANAMI (hereinafter the "Company"). The Company markets the following products to its Customers via its Website: household items, clothing.

2. Preamble

The Company invites Users to carefully read these General Terms and Conditions of Sale and Use (hereinafter the "CGV / CGU"). Placing an Order implies acceptance of the CGV / CGU. The characteristics of the Products are indicated on the Website. It is up to the Customer to take this into account before purchasing. The photographs or graphics presented on the Website are not contractual. The Customer acknowledges having read and accepted them by checking the box provided for this before placing their Order online. The CGV / CGU frame the conditions under which the Company sells its Products to its Professional and Consumer Customers via its Website. They apply to all sales concluded by the Company and are binding on any contradictory document, in particular the Customer's general conditions of purchase. They are systematically communicated to the Customer who requests them. In the event of a subsequent modification of the GTCS / GTC, the Customer is subject to the version in force when placing his Order.

3. Definitions

"Customer" means the Professional or the Consumer having placed an Order for a Product sold on the Website;

"Order" means any order placed by the User registered on this Site; "General Conditions of Sale and Use" or "CGV / CGU" mean these general conditions of use and online sale;

"Consumer" means the buyer, a natural person who does not act for professional needs and / or outside of his professional activity;

"Products" means material things which can be appropriated and which are offered for sale on this Site;

"Professional" means the buyer, a legal or natural person who acts in the course of his professional activity;

"Site" means this Site, that is to say https://toiro.eu;

"Company" means the TOÏRO Company, more fully designated in Article I hereof; and "User" means any person who makes use of the Site.

4. Registration

Registration for the Site is open to all legal or natural persons of full age and enjoying their full personalities and legal capacities. The use of the Site is subject to the registration of a User. Registration is free. To register, the User must fill in all the mandatory fields; otherwise, registration cannot be completed. Users guarantee and declare on their honor that all the information communicated on the Site, especially when they register, is accurate and compliant. They agree to update their personal information from the page dedicated to the latter and available in their account.

All registered Users have a username and password. These are strictly personal and confidential and must in no case be the subject of a communication to third parties under penalty of deletion of the account of the offending Registered User. Each registered User is personally responsible for maintaining the confidentiality of their username and password. The Company will in no way be held responsible for the impersonation of a User. If a User suspects fraud at any time, he must contact the Company as soon as possible, so that the latter can take the necessary measures and rectify the situation. Each User, whether a legal or natural person, can only hold one account on the Site.

In the event of non-compliance with the CGV / CGU, in particular the creation of several accounts for a single person or the provision of false information, the Company reserves the right to proceed to the temporary or permanent deletion of all the accounts created by the 'Offending user.

The deletion of the account results in the permanent loss of all the benefits and services acquired on the Site. However, any Order made and invoiced by the Site before the account is deleted will be executed under normal conditions.

In the event of the deletion of an account by the Company for breach of the duties and obligations set out in the CGV / CGU, it is strictly prohibited for the offending User to re-register on the Site directly, by means of another electronic address or by an intermediary without the express authorization of the Company.

5. Orders

Any Order can only be made when the User has registered on the Site. The User, when logged into his account, can add Products to his virtual basket. He can then access the summary of his virtual basket to confirm the Products he wishes to order and place his Order by pressing the "Order" button. He must enter an address, a delivery method and a valid payment method in order to finalize the Order and effectively form the sales contract between him and the Company. The finalization of the Order implies acceptance of the prices of the Products sold, as well as the terms and delivery times indicated on the Site.

Once the Order has been placed, the User will receive confirmation by email. This confirmation will summarize the Order as well as relevant information relating to the delivery. Placing an Order constitutes the conclusion of a distance selling contract between the Company and the Customer.

The Company may allow the Customer to benefit from price reductions, discounts and rebates according to the number of Products available on the Site ordered or according to the regularity of the Orders, according to the conditions set by the Company.

6. Products and prices

The Products which are the subject of the CGV / CGU are those which appear on the Site and which are sold and dispatched directly by the Company. The Products are described on the corresponding page within the Site and mention is made of all their essential characteristics. The sale takes place within the limits of the Company's available stocks. The latter cannot be held responsible for stock shortages or the impossibility of selling a Product whose stock does not exist.

When a Registered User wishes to acquire a Product sold by the Company through the Site, the price indicated on the Product page corresponds to the price in euros, all taxes included (tax included), excluding shipping costs and takes into account the applicable discounts and in force on the day of the Order. The price indicated does not include delivery costs which will be detailed if necessary in the summary before placing the Order. If the total cost of the Products cannot be calculated in advance, the Company will send the Customer a detailed estimate setting out the formula for calculating the price.

Under no circumstances may a User demand the application of discounts that are no longer in effect on the day of the Order.

7. Payment terms

Unless otherwise provided, all sales are paid in cash at the time of placing the Order.

Depending on the nature or amount of the Order, the Company remains free to demand a deposit or payment of the full price when placing the Order or upon receipt of the invoice.

Payment can be made by:

• Bank card via a secure connection (Carte Bleue, Visa, Mastercard, American Express card)

• PayPal

In the event of total or partial non-payment of the Products by the date agreed on the invoice, the Professional Client must pay the Company a late payment penalty, the rate of which is equal to the rate charged by the European Central Bank for its increased refinancing operation. by 10 percentage points. The financing transaction selected is the most recent on the date of the Order of the Services. In addition to the compensation for delay, any sum, including the deposit, not paid on its due date by the Professional Client will automatically result in the payment of a lump sum compensation of 40 euros due for collection costs.

In the event of total or partial non-payment of the Products by the date agreed on the invoice, the Consumer Customer must pay the Company a late payment penalty, the rate of which is equal to the legal interest rate.

No compensation may be made by the Customer between penalties for late delivery of the Products ordered and sums due by the Customer to the Company for the purchase of Products offered on the Site.

The penalty due by the Client, Professional or Consumer, is calculated on the amount including tax of the remaining amount due, and runs from the date of expiration of the price without any prior notice being necessary.

8. Delivery

The Products are delivered exclusively to the following geographic areas:

• Metropolitan France

• Corsica

• Overseas

• European continent

• North America

• South America

• Africa

• Asia

• Oceania

The Company undertakes to provide all material and human efforts to have the Products delivered as soon as possible. These may vary depending on the Customer's geographic area, the delivery method chosen or the Product ordered. In case of exceeding the delivery deadline of 10 days, except in cases of force majeure, the Customer may request the termination of the contract by letter recommended with acknowledgment of receipt request, after having instructed the Company, in the same manner, to make the delivery within a reasonable additional time, and if the Company has not performed. In this case, the Customer will be reimbursed within 30 days if a payment has already been made. In the event that delivery is impossible, due to an error on the address indicated by the Customer, the Company will contact the Customer as soon as possible in order to obtain a new delivery address and any additional delivery costs will be on client fee. In addition, the responsibility of the Company cannot be engaged for reasons related to exceeding delivery times:

• in periods of high demand, such as the holiday season,

• for delays caused by force majeure, ie due to the occurrence of an unforeseeable, irresistible and independent event of his will,

• for facts attributable exclusively to the transporter responsible for the delivery.

Delivery is made, according to the Customer's choice and according to the prices indicated on the Site:

• at the address indicated by the Customer when placing his Order by simple post.

9. Complaint

For all Orders placed on this Site, the Customer has a right of complaint of 10 days from the delivery of the Product. It is their responsibility to check the apparent condition of the Products upon delivery. In the absence of reservations expressly expressed during delivery, the Products are deemed to comply with the Order. To exercise this right of complaint, the Customer must send to the Company, at the address

contact@toiro.eu

, a declaration in which he expresses his reservations and complaints, accompanied by the supporting documents relating thereto (delivery slip countersigned by the carrier , photographs ...)

A complaint not respecting the conditions described above cannot be accepted.

The Company will repair, replace or reimburse the Product or its components as soon as possible and at its expense, subject to the physical possibility of repairing the Product or its availability in stock.

10. Consumer's right of withdrawal

The Consumer has a right of withdrawal of 30 days from the placing of the Order, except for the products mentioned in article L.221-28 of the Consumer Code. To exercise this right of withdrawal, the Consumer sends a declaration to the address:

contact@toiro.eu

The Products must be returned in their original packaging and in perfect condition within 30 days from the notification of the withdrawal to the Company by the Consumer. The direct costs of return remain the responsibility of the Consumer.

It will be reimbursed for all the costs paid for placing the Order within 14 days of the Company becoming aware of its declaration of withdrawal. The reimbursement will be made by the same means of payment as that used for the purchase.

11. Transfer of risks and ownership

The Company retains ownership of the Products sold until full payment by the Customer. It can therefore repossess said Products in the event of non-payment. In this case, the deposits paid will remain with the Company as compensation.

For Professional Customers, the transfer of risks to the Customer takes place upon delivery of the goods to the carrier by the Company. For Consumer Customers, the transfer of risks takes place upon delivery or upon withdrawal of the goods from the store when the Customer has chosen delivery to the store.

12. Legal guarantees

The Products sold on the Site are guaranteed in accordance with the legal provisions of the Consumer Code and the Civil Code as reproduced below: Article L.217-4 of the Consumer Code:

“The seller delivers goods that comply with the contract and is liable for any lack of conformity existing when they are delivered.

He is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility. ”

Article L.217-5 of the Consumer Code:

“The goods comply with the contract:

1 ° If it is suitable for the use normally expected of a similar item and, if applicable:

• if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;

• if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, particularly in advertising or labeling;

2 ° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special purpose sought by the buyer, notified to the seller and which the latter has accepted ”

Article 1641 of the Civil Code:

"The seller is bound by the guarantee for hidden defects in the thing sold which makes it unfit for the use for which it is intended, or which reduces such use so much that the buyer would not have acquired it, or would have given a lower price if he had known them. "

Any Product sold altered, modified or transformed is not covered by the warranty.

This is limited to the replacement or reimbursement of non-compliant or defective Products. It is excluded in the event of misuse or abnormal use of the Product as well as in the event that the Product does not comply with the legislation of the country in which it is delivered.

The Customer must inform the Company of the existence of the defects within two years. The Company will rectify the Products deemed to be defective as far as possible. If the responsibility of the Company is retained, the warranty is limited to the amount excluding VAT paid by the Consumer for the supply of the Products.

The replacement of the Products does not have the effect of extending the duration of the warranty.

13. Modifications

The Company reserves the right to modify the Site, the CGV / CGU as well as any delivery procedure or other component of the services provided by the Company through this Site. When an Order is placed, the User is subject to the stipulations set out in the CGV / CGU in force at the time of placing the Order.

14. Processing of personal data

Registration on the Site entails the processing of the Customer's personal data. If the Customer refuses to process their data, they are asked to refrain from using the Site.

This processing of personal data is done in compliance with the General Data Protection Regulation 2016/679 of April 27, 2016.

In addition, in accordance with the Data Protection Act of January 6, 1978, the Customer has, at any time, a right to interrogate, access, rectify, modify and oppose all of their personal data by writing, by mail and proving his identity, to the following address: contact@toiro.eu.

This personal data is necessary for the processing of his Order and the establishment of his invoices if necessary, as well as for the improvement of the functionalities of the Site.

15. Sharing of collected data

The Site may use third-party companies to carry out certain operations. By browsing the Site, the Customer accepts that third companies may have access to their data to allow the proper functioning of the Site. These third-party companies only have access to the data collected in the context of carrying out a specific task. The Site remains responsible for the processing of this data. In addition, the User may therefore be led to receive information or commercial offers from the Company or its partners. The User may at any time object to the receipt of these commercial offers, by writing to the address of the Company indicated above, or by clicking on the link provided for this purpose in the emails received. In addition, Customer information may be transmitted to third parties without their express prior agreement in order to achieve the following goals:

• respect the law

• protect anyone from serious bodily injury or death

• fight against fraud or attacks against the Company or its users

• protect the Company's property rights.

16. Data protection

The Company ensures an appropriate level of security proportional to the risks incurred as well as their probability, in accordance with the General Data Protection Regulations 2016/679 of April 27, 2016.

However, these measures do not in any way constitute a guarantee and do not commit the Company to an obligation of result concerning data security.

17. Cookies

To allow its Users to benefit from optimal navigation on the Site and better functioning of the various interfaces and applications, the Company may install a cookie on the User's computer. This cookie makes it possible to store information relating to navigation on the Site, as well as any data entered by Users (in particular searches, login, email, password). The User expressly authorizes the Company to place a so-called "cookie" file on the user's hard drive.

The User has the option of blocking, modifying the retention period, or deleting this cookie via the interface of their browser. If the systematic deactivation of cookies on the User's browser prevents him from using certain services or functionalities of the Site, this malfunction cannot in any case cestablish damage for the member who cannot claim any compensation for this fact.

18. Liability

The Company cannot in any case be held responsible for the unavailability, whether temporary or permanent of the Website and although it implements all its means to permanently ensure the service, it may be that -it be interrupted at any time. In addition, the Company reserves the right, by a voluntary act, to make the Site unavailable in order to carry out any update, improvement or maintenance operation.

As previously mentioned herein, the Company can in no way be held responsible for delivery delays for reasons beyond its control, beyond its control, unpredictable and irresistible or whose fault cannot be attributed to it.

19. Intellectual property

The brand, logo, and graphic charter of this Site are trademarks registered with the INPI and intellectual works protected by copyright, the property of which belongs exclusively to the Company. Any dissemination, exploitation, representation, reproduction, whether partial or complete, without the express authorization of the Company will expose the offender to civil and criminal proceedings.

20. Jurisdiction clause

The law governing the CGV / CGU is French law. Any dispute that may arise between the Company and a User during the execution of this agreement will be the subject of an amicable resolution attempt. Otherwise, disputes will be brought to the attention of the competent courts of ordinary law.

21. Acceptance of the CGV / CGU

The Customer or the User expressly accepts the CGV / CGU.

The Customer declares that he is aware of it and renounces to avail himself of any other document, in particular his own general conditions of purchase.

The Consumer acknowledges having read the information and information provided for in articles L.111-1 to L.111-7 of the Consumer Code, and in particular:

• the essential characteristics of the Product;

• The price of the products ;

• the date or the deadline by which the Company undertakes to provide the Service;

• information relating to the identity of the Company (postal, telephone, electronic contact details); • information relating to legal and contractual guarantees and their methods of implementation; • the possibility of resorting to conventional mediation in the event of a dispute;

• information relating to the right of withdrawal (deadline, exercise procedures).