TERMS

PRELEMINARY ARTICLE

The company Maison Hikaku (hereafter “Maison Hikaku”) sales Maison Hikaku’s products (hereafter “Products”) in France and abroad via a commercial website at the following address www.maisonhikaku.com (hereafter “website”).

Process and use of the website for online sales outlined in the General Terms of Sale (hereafter “General Terms of Sale”) is exclusive to clients, within the meaning of french laws, acting on their own behalf (hereafter “Client”). Therefore, the Client acknowledges that he/she is the final consumer and has no intention to resale the Products for commercial use.

Each sale on the website is governed by the General Terms of Sale available online on the website www.maisonhikaku.com.

Clients may review the current version of the General Terms of Sale by clicking on the link “legal notices”. These General Terms of Sale may be modified at anytime, but the terms applicable are those enforced on the site on the date the order is placed. The revised version is enforceable from the time of its publishing on the website and shall not apply to contracts entered into prior to this.

If any of the clauses of the General Terms of Sale should prove to be null, for any reasons, it shall therefore be deemed separable but nevertheless shall not alter the validity of its other clauses.

The original version of those General Terms of Sale was written in french before being translated in other languages. Those translations shall not be rightfully reliable and are provided as a courtesy only. In case of a dispute about the content or the interpretation of those conditions or in case of any conflict, disagreement, ambiguity or incoherence between the french version and a translated version, the french version prevails and shall be used in all legal proceeding.


ART.1 Field of application

The General Terms of Sale are applicable to sales of Products, completed between Maison Hikaku and a Client. The Products are available on the website or directly at Maison Hikaku’s head office located at 9-11 rue du Croissant - 75002 Paris - France, for the high quality leather products. If a partial payment was made on the website for the sale of a high quality leather product, it is considered as an online sale, even if the final payment is done at Maison Hikaku’s head office.

The Client agrees to having read and understood the present conditions and General Terms of Sale before placing his/her order. The validation of his/her order therefore supposes acceptance without limitation to these present General Terms of Sale.


ART.2 : IDENTIFICATION OF THE SELLER

Maison Kikaku, a simplified joint stock company with a share capital of 10.000 Euros, registered at the Paris Register of Commerce under number 530 926 633.

Company’s headquarters : 9, rue du Croissant - 75002 - Paris - France.

SIRET 530 926 633 00039

TVA FR44530926633

Maison Hikaru can be reached either using the contact form available on the website in the section called “Contact”, or via e-mail at the following address contact@maisonhikaku.com, or on the phone at the following number: (00 33) 1 86 95 27 71


ART. 3 : PRODUCT AVAILIBILITY

The products and prices are valid for as long as they appear on the website, within the limit of available stocks. Maison Hikaku cannot be held liable in the event of insufficient inventory and unavailability for orders not confirmed by Maison Hikaku.

There may be errors or modifications in exceptional cases, specifically in the event of simultaneous orders for the same Product from a number of Clients. Should a Product be unavailable after the Client already placed the order, Maison Hikaku will inform the Client via email or phone as soon as possible, offering either to order another Product available on the website or to cancel the order.

Maison Hikaru reserves the right to change all Products listed on the website at any time and without prior notice. To ensure the best possible quality of service and availability of its Products for all the Clients on the website, Maison Hikaku reserves the right to limit the number of Products which might be purchased by one Client, in accordance with the applicable provisions specifically in accordance to the article L. 122-1 of the French Consumer Code.


ART. 4 : PRODUCTS ORDERS

Clients may order Maison Hikaku’s Products on the website.

Photos, illustrations and descriptions of the Products appearing for sale are illustrative and Maison Hikaku shall not be considered as binding. Clients may have additional information by contacting Maison Hikaku either through the contact form available on the website under the “Contact” section, or via email at the following address order@maisonhikaku.com, or by phone at the following number (00 33) 1 86 95 27 71.


4.1 Eligible countries for distance selling

The website allows the Client to place an Order from Maison Hikaku’s selection of Products available online for a delivery to the following countries hereafter “Eligible countries” :

-All countries belonging to the European Union : Germany, Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Spain, Estonia, Finland, France, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, The Netherlands, Poland, Portugal, Czech Republic, Romania, United Kingdom, Slovakia, Slovenia, Sweden.

- Other countries:

Australia, South Korea, United States , Canada, Hong-Kong, Island, Japan, Liechtenstein, Lebanon, Monaco, Norway, Switzerland, Singapore, Russian United Arab Emirates, Mauritius, Thailand.


4.2 Order procedure

In order to buy the Products, the Client shall fill out an order form, on which some fields are mandatory, then agree to the General Terms of Sale by checking the appropriate box. The Client shall also choose the payment mode then proceed to the payment for his/her order.

All the necessary steps for the sale will be specified on the website in accordance with the provisions of Article 1369-1 of the civil code of France, the Client will be able to verify the details, the cost, and correct possible errors on his/her order before validating to confirm. After the Client’s confirmation, Maison Hikaku will send and order confirmation email which will formalize the sales contract between the Client and Maison Hikaku.


4.3 Rejection of an order

in accordance with the provisions of the article L. 122 1 of the French Consumer Code, the company Maison Hikaku is entitled to reject any order in any way abnormal or in the event of a previous dispute concerning the payment of a previous order.


ART.5: PRICES FOR THE PRODUCTS AND DELIVERY CHARGES


Prices applicable for the Products are those displayed on the website at the time of placing and confirming the order.
For Monaco and European Union Countries (Germany, Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Spain, Estonia, Finland, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Czech Republic, Romania, United Kingdom, Slovakia, Slovania, Sweden), prices are indicated in euros and all taxes included (TTC), VAT rate is the one applicable on French territories.
For Switzerland, Norway, Iceland and Lichtenstein, prices are indicated in euros and Products are invoiced and shipped excluding taxes (HT).
For all other countries, prices are indicated in US dollars and the Products are invoiced and shipped excluding taxes (HT). When receiving the parcel, the Client / recipient shall then be liable for all the fees and taxes applicable in the destination country.
When receiving the order, the Client will get an invoice with detailed pricing for each Product and applicable VAT (for Products delivered in European Union countries and Monaco).

Delivery is free of charge for orders shipped inside Metropolitan France.
Delivery charges for outside Metropolitan France will be communicated to the Client before the confirmation step of the order process.Delivery charges will be invoiced at the end of the order process, being added to the cost of the chosen Product.
Those charges break down as followed:
-starting at 15 Euros for European Union countries.
-starting at 18 Euros for all other destinations.


ART. 6: TERMS OF PAYMENT

Orders may be paid using a credit/debit card or Paypal. The Client will be charged after the confirmation of the order and the debit authorization on the Client’s account from the appropriate payment center. To that end, when he/she places an order, the Client warrants he/she is the owner of the card and that the name appearing on that card is his/hers, then, communicates the number and expiration date appearing on the card as well the cryptogram appearing on the back (or front) of the card.

The server is subject to SSL (Secure Socket Layer) encryption to provide the most effective possible protection for all data associated with the payment methods.

The Client’s banking information and data will not pass through Maison Hikaku’s IT system.

In the event that the debit transaction cannot go through, for any reason, the process for purchasing on the website shall be voided.


ART. 7: DELIVERY

The Products’ shipment will occur once the payment for the order is confirmed.

An order placed on a saturday, a sunday or on a public holiday will be processed from the next day on.

The Products ordered will be delivered at the address mentioned by the Client when he/she places the order

In accordance with the article L. 111-1 of the consumer code, Maison Hikaku commits to deliver the Products ordered on given delivery deadline which shall be notified to the Client before the confirmation of his/her order.

Subject to validation of the full payment and the availability of the Products, the delivery in Metropolitan France will take between 4 to 15 days starting the day of the order’s confirmation. However, this delivery time is for information only and a possible delay in delivery cannot give cause for damages, deduction or cancellation of the order by the Client.

The Client’s signature or the one of a third party designated by the Client will be requested at delivery. In case of a damage appearing on the parcel, the Client shall open it in front of the carrier in order to verify the condition of the Product(s). If the Products are damaged, the Client shall give all details precisely handwriting on the delivery note and signing it. Secondly, damages shall be reported to Maison Hikaku as soon as possible after the reception of the order via email at order@maisonhikaku.com, or through the contact form available on the website under the section “Contact”.

Maison Hikaku reserves the right to ask the Client to return the relevant Product(s) in accordance to the provisions of the article 9 of our General Terms of Sale. Any new delivery shall only occur once the returned Products are received by Maison Hikaku.

The Client may also refuse the parcel, mentioning the reason for refusing it on the delivery order and signing it.

If the Client is absent, the carrier will leave a notification which will allow the Client to pick up his/her order. The parcels are kept for 10 calendar days. After that deadline, parcels will be returned to Maison Hikaku. Additional costs for that return shall be borne by the Client.


ART 8. ORDER WITHDRAL AND RETURN POLICY

If a Client is not satisfied with the Product he/she may return it within fourteen (14) days following the day he/she received the Product. When the time period would end on a Saturday, Sunday or public holiday, it shall be extended until the end of the first following working day. To inform of his/her decision to withdraw, the Client may use the contact form available on the website under the section “Contact”, or send an email to the following address : contact@maisonhikaku.com. Maison Hikaku will then send an email to the Client to explain the process to return the Product.

In case the Client returns the Product, he/she does not have to explain the reasons for his/her decision. However, it is very important for Maison Hikaku to make sure the customers are satisfied and the products have the best quality. That’s why all the information the Client shall give to Maison Hikaku about his/her decision to return the product will be used by Maison Hikaku to improve its online offer.

The refund for the amount paid will be made in accordance to the method of payment for the purchase of the Product by transfer on the Client’s bank account linked to the card used for payment.

Furthermore, the right of withdraw applies only to the Client and cannot be used by a third party.

The Client shall return the Product he/she received wrapped in its full original packaging , along with the original invoice and the completed return form. The return form is available at the bottom of the General Terms of Sale. If the Product is returned incomplete, damaged, stained or in any other condition that might lead to the possibility that the Product was used of worn, it will not be refunded nor exchanged and will be sent back to the Client.



8.1 Return policy from Metropolitan France

In order to return the Product received, the Client may use the following options :

-Either benefit from the free pick up service by DHL. In that case, the Client shall reach out to DHL to organize a pick up date and time at the Client’s home. It is the Client’s responsibility to wrap the Product(s) inside the packaging needed for shipping with DHL and also to apply the return label sent beforehand by email by Maison Hikaku. The refund for the amount paid for the returned Products, will be done within fourteen (14) days following the day the Client informed Maison Hikaku of his/her decision to withdraw.

-Or sending back the Product by post. In that case, within fourteen (14) days following the day the Client informed Maison Hikaku of his/her decision to withdraw, return the Product received at the following address : 9-11 rue du croissant 75002 Paris. The charges for postal service for that return will not be refunded. The Client shall be responsible for the proof of that return which means the Product shall be sent by registered mail or any other way that gives an accurate date, all expenses and risks for that return shall be at the Client’s charge. The refund will be done within fourteen (14) days following the reception of the Product at Maison Hikaku or a proof given by the Client that the Product has been shipped. The decisive date will be the earliest of the two above mentioned events.

In accordance with the article L. 121-21-4 of the consumer code, additional charges for the delivery method chosen the Client will not be refunded.


8.2 Return Policy from abroad (Out of Metropolitan France)

In that case, the Client must return the Product received within fourteen (14) days following the day the Client informed Maison Hikaku of his/her decision to withdraw, to the following address : Maison Hikaku 9-11, rue du Croissant 75002 Paris - France. The charges for that return will not be refunded. The Client shall be responsible for the proof of that return which means the Product shall be sent by registered mail or any other way that gives an accurate date, all expenses and risks for that return shall be at the Client’s charge. The refund will be done within fourteen (14) days following the reception of the Product at Maison Hikaku or a proof given by the Client that the Product has been shipped. The decisive date will be the earliest of the two above mentioned events.

For all orders sent to a country belonging to the European Union, all taxes will be refunded to the Client. However, Maison Hikaku won’t refund taxes or customs charges for an order sent outside the European Union.


ART. 9 EXCHANGE

In line with its trade policy, Maison Hikaku allows the Client to exchange a Product received, within fourteen (14) days following the day the Client received the Product. Only one (1) exchange will be possible for each order. When the deadline expires on a Saturday or Sunday or on a Public holiday, it shall be extended to the next working day. The exchange will be made according to the following conditions.

In order to inform Maison Hikaku of his/her decision, the Client may use the contact form available on the website under the section “Contact” or send an email to the following address : order@maisonhikaku.com. Maison Hikaku will then send an email to the Client to explain the process to return the Product.

The Client shall return the Product he/she received wrapped in its full original packaging , along with the copy of the invoice and the completed return form. The return form is available at the bottom of the General Terms of Sale. If the Product is returned incomplete, damaged, stained or in any other condition that might lead to the possibility that the Product was used of worn, it will not be refunded nor exchanged and will be sent back to the Client by post. Any new delivery will not be made until Maison Hikaku has received the Product returned by the Client.

In case of a Product exchange, the initial sale will be resolved. Payment for the new sale shall be carried out by offsetting the amount of the previous sale, it being understood that any excess paid will be the subject to a credit in favor of the Client, by recrediting the Client's bank card used for the payment.

It is specified that in case of a gift, the right for exchange might be used by the recipient of the gift, provided that any refund cannot be made in favor of the recipient of the gift in case of a price difference.


9.1 Return policy from Metropolitan France

IIn order to return the Product received, the Client may use the following options :

-Either benefit from the free pick up service by DHL/UPS/TNT. In that case, the Client shall reach out to DHL/UPS/TNT to organize a pick up date and time at the Client’s home. It is the Client’s responsibility to wrap the Product(s) inside the packaging needed for shipping with DHL/UPS/TNT and also to apply the return label sent beforehand by email by Maison Hikaku.

-Or sending back the Product by post. In that case, within fourteen (14) days following the day the Client informed Maison Hikaku of his/her decision to withdraw, return the Product received at the following address : 9-11 rue du croissant 75002 Paris. The charges for postal service for that return will not be refunded. The Client shall be responsible for the proof of that return which means the Product shall be sent by registered mail or any other way that gives an accurate date, all expenses and risks for that return shall be at the Client's charge


9.2 Return Policy from abroad (Out of Metropolitan France)


In that case, the Client must return the Product received within fourteen (14) days following the day the Client informed Maison Hikaku of his/her decision to withdraw, to the following address : Maison Hikaku 9-11, rue du Croissant 75002 Paris - France. The charges for that return will not be refunded. The Client shall be responsible for the proof of that return which means the Product shall be sent by registered mail or any other way that gives an accurate date, all expenses and risks for that return shall be at the Client’s charge.


ART.10 COMPLIANCE - WARRANTY- AFTER SALES SERVICE


The Client shall make sure that the Products received properly match his/her order. In the event that the Products delivered would not match his/her order, the Client shall inform Maison Hikaku at the address mentioned above, and return the Products concerned in accordance to the conditions stated in the Article 8 of these General Terms of Sale.

Maison Hikaru shall be held liable for any lack of conformity of the Products and hidden flaws, in accordance to the following legal provisions.

“Guarantee of compliance” (extracts from the French consumer code)

Article L.211-4 of the Consumer Code:

“ The seller shall deliver a product in conformity with the contrat and shall be held liable if there’s a the lack of conformity at its delivery.

The seller is also liable for any lack of conformity coming from the wrapping, the instructions for assembling or installation when it is his specified to be his responsibility on the contract or when it has been done under his care.”

Article L.215-5 of the Consumer Code:

“In order to comply with the contrat, the product must :

1° Fit for the usual purpose of a similar product and, where applicable:

-Match the description given by the seller and possess the qualities presented to the buyer on a sample or a prototype;

-Feature the qualities the buyer might reasonably expect given the public statements made by the seller, the producer or his representative, particularly in advertising or labeling;

2° or have the qualities defined by common agreement by the parties or be suitable for any particular purpose for which the buyer informed the seller and the latter accepted.”

Article L.211-12 of the Consumer Code:

“The claim based on non-conformity shall lapse after 2 years upon delivery of the good

“Warranty claims based on latent product defects” (extract from the Civil Code)

Article 1641 of the Civil Code:

“The seller shall warrant the product against any latent defects which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it, or would have given a lesser price for it, had he known of them”.

Article 1648 paragraph 1 of the Civil Code:

The action resulting from latent defects shall be brought by the buyer within 2 years after discovery of such defect.”

Maison Hikaku provides customer service for its Products. The Client may contact Maison Hikaku via the contact form available on the website under the section “Contact” or sending an email to the following address: contact@maisonhikaku.com, or calling (0033) 1 86 95 27 71.


ART. 11 : CLAIMS – INFORMATION

For all information, claims or questions about these General Terms of Sales set up by Maison Hikaku or about the Products themselves, Clients may contact Maison Hikaku via the contact form available on the website under the section “Contact” or sending an email to the following address: contact@maisonhikaku.com, or calling (0033) 1 86 95 27 71


ART. 12 : PROTECTION OF FREEDOM AND PRIVACY

The Client does not create an account at the time he/she orders. He/She is simply giving information on his name and address then his/her bank information as part of an order. Maison Hikaku does not keep any files on clients that could be used by the CNIL : French National Commission for Information Technology and liberties.

The client’s banking information are kept in the bank and do not go through Maison Hikaku’s IT system.


ART. 13: INTELLECTUAL PROPERTY RIGHTS

“Maison Hikaku” trademark, as well as all trademarks, figurative or otherwise and more generally all other trademarks, illustrations, images and logos used on Maison Hikaku’s Products, accessories or packaging whether registered or otherwise are and shall remain the exclusive property of Maison Hikaku. Any reproduction, in whole or in part, modifications or use of these trademarks, for any kind of purposes, in whatever form and whatever medium is strictly forbidden without Maison Hikaku’s express and prior consent. The same applies for any conjunction or combination with any other trademark, signs and more generally all distinctive marks designed to create a logo. The same applies for any copyrights, drawings and patterns, patents which are Maison Hikaku’s property.


ART. 14: FORCE MAJEURE

Maison Hikaku shall not be liable in the event of partial or total non-execution of any obligation under a contrat in the event where such non-execution arises due to an event that constitute a case of force majeure such as disturbance, total or partial strike particularly with mail services and means of transportation and/or communication, or in case of a flood or a wildfire.

Maison Hikaku will inform the Client within five (5) days following the occurrence of an event that constitutes a case of force majeure.

Maison Hikaku and its Clients agree to consult at the earliest possible time in order to decide on the how to process the orders during any event of force majeure.


ART. 15: DISPUTE - APPLICABLE LAW

These General Terms of Sale are subject to French law. In the event of any trouble with the order or the delivery of the Product, the Client may, before any legal action, search for an amicable settlement, particularly with the help of a consumer organisation or any other adviser of their choice, or resort to any other method to settle the dispute. All disputes that might result of an interpretation or execution of these General Terms of Sale and their consequences will be submitted to the exclusive jurisdiction of French courts.


SPECIAL TERMS OF SALE FOR CUSTOMIZED PRODUCTS

(Hot Stamping and Haute Maroquinerie)

Maison Hikaru offers customized products (hot stamping) and custom made fabrication for some of its leather goods (high quality leather goods). The General Terms of Sale for those Products are described below. All provisions of the above General Terms of Sale unaltered by those Special Terms of Sale shall continue to apply.


ART.1: ORDER PROCEDURE FOR HAUTE MAROQUINERIE GOODS

Notwithstanding the provisions of Article 4 of the General Terms of sale below :

The Order procedure for High Quality Leather Goods includes the following steps :

1. The Client preselect a prototype on the website, according to the components available as illustrations (handles, frame, pockets, etc.),

2. The Client makes an appointment with Maison Hikaku, for a consulting - creation meeting at the studio,

3. The Client acknowledges and agrees on the General Terms of Sale,

4. The Client pays a 300 euros deposit and that way, confirms his meeting.

5. After the Client had confirmed the meeting, Maison Hikaku will send an email confirming the consulting - creation meeting.

6. If the Client decides to withdraw before the consulting - creation meeting and cancel the appointment, he/she shall inform Maison Hikaku by phone at least 24h before the meeting. In that case, the deposit paid will be refunded within seven (7) days following the day he/she cancelled the meeting.

7. During the consulting - creation meeting at Maison Hikaku’s studio (hereafter “the meeting”) the Client will be guided throughout the conception of his/her High Quality Leather Product:

  • a.Drafting of the prototype he/she selected.

  • b.Choosing the fabrics and metal accessories.

8. At the end of the meeting, Maison Hikaku shall send the Client an email summarizing and including the following details:

  • a. The quotation for Maison Hikaku’s services required for the conception of the high quality leather Products according to the Client’s choices during the meeting
  • b. An illustration of the prototype designed during the meeting,
  • c. A “confirm my order” button, allowing the Client to accept the quote and confirm the designed prototype.


9. In accordance with the article 1369-4 of the civil code, before confirming any final order in order to express his/her agreement, the Client may verify the details of the order and the total price and also may correct any possible errors.

10. While confirming his/her order, the Client will be directed to the payment form, through which he/she will pay the balance due. The balance due represents the quote’s amount in full deducted from the 300 euros deposit. This confirmation will bring the Haute Maroquinerie Product into production.

11. After the Client’s order confirmation, Maison Hikaku will send a confirmation email for the order.

12. In case the Client shall not place an order after the meeting:

  • a.The deposit paid by the Client shall not be refunded if the withdraw is his/her decision.
  • b.Maison Hikaru shall refund twice the amount of the deposit if the withdraw is Maison Hikaku’s decision.

The Client has a period of thirty (30) days following the reception of the email summarizing the order to confirm his/her order and pay the amount quoted. Beyond this time, Maison Hikaku will not be able to ensure the delivery date specified in article 2 of those General Terms of Sale.


ART.2: DELIVERY OF CUSTOMIZED PRODUCTS

Notwithstanding the provisions of Article 7 of those General Terms of Sale :

-Delivery of customized Products with “hot stamping” shall have the same timeframe as mentioned in the General Terms of Sale.

Delivery of High Quality Leather Products shall have a four (4) weeks deadline following the confirmation of the order, providing payment has been made in full.


ART 3. RETURN AND EXCHANGE OF CUSTOMIZED PRODUCTS

Notwithstanding the provisions of Article 8 and 9 of those General Terms of Sale and considering they’re highly personalized, the customized Products (Hot stamping or High Quality Leather Goods) concerned by these specific General Terms of Sale shall not be refunded or exchanged. Therefore, article 8 (Order withdraw and return policy) and article 9 (Exchange) of the General Terms of Sale above are not applicable to those customized or made to order Products. Notwithstanding the above, the Client shall still benefit from the guarantees in article 10 of the General Terms of Sale.


WITHDRAWAL FORM

Download withdrawal form : Download