General Terms and Conditions of Use

These General Terms and Conditions of Use ("Terms") are a legal agreement between Dessigns,a company registered in Paris under the number 484 920 426, with its registered office at 10 Rue Casimir Delavigne, 75006 Paris, France, hereinafter referred to as "Dessigns," and any individual who makes a purchase on the website https://eu.kayanoya.com/, hereinafter referred to as "the Customer." By making a purchase on the website https://eu.kayanoya.com/, the Customer automatically accepts and acknowledges reading and agreeing to these Terms.

Article 1: Capacity of the Buyer to Enter into a Contract

The Customer making a purchase on the site declares that they have the legal capacity to accept these Terms and enter into a contract.

Article 2: Price

All prices presented on the website are inclusive of all taxes and are denominated in Euros. Dessigns reserves the right to modify prices without prior notice. The Customer will be charged the price quoted at the time of purchase. Ownership of the goods remains with Dessigns until full payment is received from the Customer.

Article 3: Presentation of Products

Dessigns undertakes to present and describe the products sold on its website as accurately and precisely as possible.

Article 4: Orders

An online order is processed once payment has been accepted by Dessigns. Dessigns reserves the right to refuse orders from customers who have had previous payment issues. Dessigns may also request additional information from the customer, such as proof of identity or address. If the customer does not respond within 5 days, their order will be automatically canceled. Dessignswill only process orders based on available stock.

Article 5: Delivery

5.1 Delivery to Mainland France

The preparation of items in stock may take up to 5 working days. The preparation time for pre-orders depends on the availability date of each item. While an estimated date will be provided, it should not be considered contractual and may be subject to change due to production delays, delivery issues, or tax clearance. For Click & Collect, if the item is available in-store, it can be picked up any day after the order is placed. Goods shipped will be delivered with a signature required.

Upon receiving the package, the Customer must inspect the package's condition and unpack it in the presence of the delivery person. In the event of damage or breakage, the Customer must refuse the package and clearly note the reason for refusal on the delivery slip, specifying the nature of the damage to both the container and its contents (e.g., "Damaged parcel and broken product").

5.2 Delivery Outside Mainland France

The preparation of items in stock may take up to 5 working days. The preparation time for pre-orders depends on the availability date of each item, with the understanding that this date is not contractual and may change due to production delays, delivery issues, or tax clearance. Customers outside the European Union should be aware that customs or import taxes may apply and are their responsibility. Shipping costs vary depending on the destination.

Upon receiving the package, the Customer must inspect the package's condition and unpack it in the presence of the delivery person. In case of damage or breakage, the Customer must refuse the package and clearly note the reason for refusal on the delivery slip, specifying the nature of the damage to both the container and its contents (e.g., "Damaged parcel and broken product").

Article 6: Payment

A. Payment Methods

By validating their purchase, the Customer accepts these Terms and pays for their purchase on https://eu.kayanoya.com through the following secure payment options:

  • Bank card (Visa or Mastercard) via the secure payment platform Shopify Pay.
  • PayPal or Apple Pay.
  • Gift cards.

B. 3D Secure Payment

Some orders may be subject to 3D Secure verification, a security measure for online transactions. This process may require the Customer to:

  • Provide their date of birth.
  • Enter a code received by SMS.
  • Validate via their bank's application.
  • Answer a personal question.

This secure exchange of information between the Customer and their bank ensures the cardholder's identity. After three failed authentication attempts, the transaction is canceled, and the card may be blocked.

C. Payment Verification

Dessigns may moderate orders placed on the website to prevent fraud. Customer service may contact the Customer to collect additional information for order validation, such as proof of address in the Customer's name or in the name of the recipient. Failure to respond within 5 days will result in order cancellation. 

Article 7: Secure Payment - Protection of Bank Transfers

Dessigns entrusts transaction security to Stripe, a third-party service provider. Payment is secured using Shopify Pay's online payment system. Bank details are stored in encrypted form and are never held by Dessigns.

Article 8: Data Protection

The personal data provided by the Customer on https://eu.kayanoya.com are subject to computer processing. This data is used to process and deliver orders and suggest products tailored to the Customer's specific needs. Dessigns is the sole recipient of this data.

Customers may subscribe to Dessigns newsletter to receive regular updates on offers and can unsubscribe at any time. 

Article 9: Return & Exchange

According to the law, opened food items cannot be returned. We accept returns only for unused and unopened products, except in cases of defective items.

In accordance with applicable consumer protection regulations, the Customer cannot withdraw from contracts concerning sealed goods, which are not suitable for return due to health or hygiene reasons and were unsealed after delivery (e.g., dashi packages). Any such product returned in violation of these regulations will be resent to the Customer at their expense, without any compensation.

To exercise the right of withdrawal, the Customer must inform Dessigns at 10 Rue Casimir Delavigne, 75006 Paris, France, or via email at supporteu @ kayanoya.com, by an unequivocal statement. The Customer may use the following withdrawal form:

A l'attention de Dessigns 10 rue Casimir Delavigne 75006 Paris, supporteu @ kayanoya.com  :

Je/nous (*) vous notifie/notifions (*) par la présente ma/notre (*) rétractation du contrat portant sur la vente du bien (*)/pour la prestation de services (*) ci-dessous :
Commandé le (*)/reçu le (*) :
Nom du (des) consommateur(s) :
Adresse du (des) consommateur(s) : 
Signature du (des) consommateur(s) (uniquement en cas de notification du présent formulaire sur papier) : 
Date : 
(*) Rayez la mention inutile.

Dessigns will refund the Customer's order, including delivery costs, within fourteen days of receiving notice of the withdrawal. Dessigns may delay reimbursement until the products are returned or the Customer provides proof of shipment, with the earlier date being considered.

If a gift was included with the order and the Customer no longer qualifies for the gift due to withdrawal, the gift must be returned with the products. Dessigns may delay reimbursement until the gift is received or the Customer provides proof of its shipment.

Refunds will be made using the same payment method used for the initial transaction, unless the Customer explicitly agrees to an alternative method that incurs no additional costs.

The Customer must return the goods to Dessigns within fourteen days of communicating their decision to withdraw. The Customer is responsible for the direct cost of returning the products. Dessigns recommends choosing a shipping method with tracking. Claims without a tracking number will not be accepted. 

The Customer is only liable for any diminished value of the products resulting from handling beyond what is necessary to establish their nature, characteristics, and functionality. 

Article 10: Gift Cards

Gift vouchers issued by Dessigns in exchange for returns or purchased by Customers on the Eshop are valid for one year on all products offered on https://eu.kayanoya.com. Eshopvouchers are also valid in physical stores. Vouchers cannot be combined with each other or with promotional codes and cannot be exchanged or refunded, even partially, for any reason (including theft, loss, deterioration, or expiration).

Article 11: Promotional Codes

Promotional codes apply to non-discounted base prices only. They cannot be combined with other promotional codes or vouchers and can be used once per Customer account, unless otherwise indicated by Dessigns. Promotional codes are non-refundable in the event of an exchange.

Article 12: Intellectual Property

All elements on the website https://eu.kayanoya.com, including visual, textual, or auditory content, are the exclusive property of Dessigns or their respective intellectual property rights holders and are protected by intellectual property and copyright laws. While links to our site are permitted, they must be done in an honest manner without damaging our reputation. Linking to our website on a site that is not owned by the Customer is strictly prohibited, and Dessigns reserves the right to remove such links without notice.

Article 13: Limitation of Liability

Dessigns cannot be held liable towards third parties for indirect damage, special damages, or incidents resulting from negligence, failure, or misuse by the Customer of products offered for sale on https://eu.kayanoya.com. Regarding access to the site, site usage, ordering, payment, delivery, and service, Dessigns has an obligation of means and cannot be held responsible for Internet network-related inconveniences, including connection disruptions or computer virus intrusions. Dessigns is also exempt from liability for events classified as force majeure. Dessigns' liability is limited to the amount of the Customer's order.

Article 15: Legal Guarantee

Products sold on the website https://eu.kayanoya.com are subject to legal guarantees related to compliance and against hidden defects, as per the relevant legal provisions.

15.1 Legal Guarantee of Compliance

Article L. 217-4 of the French Consumer Code: The seller delivers a product that complies with the description given in the contract and is liable to the consumer for any lack of conformity in the goods at the time when they are delivered. The seller is also responsible for lack of conformity that results from packaging and setup or installation instructions when such conformity was covered by the contract or was performed under its responsibility. Article L. 217-5 of the French Consumer Code: The good is compliant with the contract if it is appropriate for the use normally expected for such an article and, where applicable, if it matches the description given by the seller and possesses the qualities shown to the purchaser in the form of a sample or model. It also complies if it has the qualities that a purchaser might legitimately expect in view of public statements made by the seller, the producer, or his/her representative in advertising or labeling. Additionally, it complies if it has the features defined by mutual agreement between the parties or if it is suitable for any special requirement of the buyer which was made known to the seller and to which the latter agreed.

15.2 Warranty on Defective Items

Article 1641 of the French Civil Code: The seller is bound to a warranty on account of the latent defects of the thing sold 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 only have given a lesser price for it, had he known of them. Article 1648 of the French Civil Code: The action resulting from latent defects must be brought to the attention of the seller by the purchaser within two years after the discovery of the defect.

When the Customer brings an action based on the legal guarantee of conformity for goods:

  • The action must be brought within two years of the goods' delivery.
  • The Customer may choose between the repair or replacement of the goods, subject to cost conditions provided by the French Consumer Code.
  • The Customer does not have to prove the existence of the lack of conformity of the goods if the defect appears within 2 years of the delivery of the goods.

The legal guarantee of conformity applies independently of any commercial guarantee provided by the seller.

If the Customer brings an action based on the warranty against hidden defects: 

  • The Customer can choose to return the product and receive a refund or keep the product and receive a partial refund.

Article 16: Litigation - Complaint - Information

For questions, complaints, or information related to these Terms or our services, please contact Customer Service by email at supporteu@kayanoya.com.

Article 17: Applicable Law

The Customer accepts that French law governs these General Terms and Conditions of Use and any disputes or litigation that may arise between the Customer and Dessigns. In the event of a dispute arising from a visit or purchase on https://eu.kayanoya.com, French courts have jurisdiction.

DATA PROTECTION DECLARATION

1. COLLECTION AND GENERAL USE OF DATA

a. Order: When placing an order, we collect and process your data to fulfill your order, enhance security, comply with legal obligations, and improve our services. Your email address is used for order confirmation and communication. It is also used for login purposes.

b. Customer Account: Your customer account is protected by a password and allows access to order information and personal data management. Keep your login details confidential.

c. Marketing: We use your data to send information about our products and personalized offers in compliance with applicable laws.

d. Newsletter Subscription: Subscribers receive periodic updates on offers and can unsubscribe at any time.

e. Website Visits: We collect anonymous data related to website visits for security and to improve user experience.

2. COOKIE USAGE

We use cookies to facilitate your website experience. You can limit or manually delete cookies.

3. GOOGLE ANALYTICS

We use Google Analytics to understand user interactions. Google Analytics uses cookies to collect data. Your data is handled according to Google's terms. You can opt out of Google Analytics by installing the Google Analytics Opt-out Browser Add-on.

4. SECURE DATA TRANSFER

Our website is secured with SSL encryption to protect your data from unauthorized access.

5. YOUR RIGHTS

You have the right to access, modify, rectify, and delete your data. You can also object to data usage for marketing purposes and request data deletion.

To exercise your rights or for any data-related queries, contact us at:

SARL Dessigns
10 Rue Casimir Delavigne
75006 Paris, France
supporteu@kayanoya.com

6. BLOCKTEL

Dessigns is committed to protecting the privacy and data security of its customers. As part of this commitment, we have implemented Blocktel, a cutting-edge blockchain technology solution, to enhance the security and transparency of our data handling practices.

Blocktel ensures the following:

a. Data Integrity: Blocktel utilizes blockchain's immutable ledger to secure customer data, making it virtually tamper-proof. This guarantees the accuracy and authenticity of all data stored within our systems.

b. Enhanced Data Security: Blocktel employs advanced encryption techniques to safeguard customer information, reducing the risk of data breaches and unauthorized access.

c. Transparent Data Management: Customers can access a public ledger on the Blocktelplatform, allowing them to verify the authenticity and history of their data within our ecosystem.

d. Consent Management: Blocktel provides a user-friendly interface for customers to manage their data consent preferences. You have full control over how your data is used for marketing and communication purposes. https://www.bloctel.gouv.fr/

e. Data Portability: With Blocktel, you can easily request a secure transfer of your data to other services or providers, promoting data portability and giving you more control over your personal information.

f. Compliance: Dessigns ensures that Blocktel complies with all applicable data protection regulations, including the General Data Protection Regulation (GDPR) in the European Union.

At Dessigns, we are committed to continuously improving our data handling practices to protect your privacy and provide you with a secure and transparent experience. Blocktel is just one of the many steps we have taken to safeguard your data.

For any inquiries or concerns related to Blocktel or your data privacy rights, please contact our Data Protection Officer at supporteu@kayanoya.com.

We value your trust in Dessigns and are dedicated to upholding the highest standards of data protection and security.