TERMS AND CONDITIONS

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AUTO-ENTREPRISE L'ATELIER DU SABRE JAPONAIS

Declared in the Trades Directory - Siren number: 823 589 940

​Professional Civil Liability Insurance N°AN902614/17101177546

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VAT not applicable, art. 293B of the CGI.

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Member of the Nihon Bijutsu Token Hozon Kyokai - NBTHK Japan

Japanese Sword Preservation Society

Member number 00035452

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1 - Services and works : 

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Upon receipt of your sword or parts of your sword, we undertake:

 

• To be dismantled and visually inspected within 72 hours. 

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• Communicate the turnaround time to you. This will only take effect from the date we have received all the supplies necessary for your work.

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• Realize and communicate to you the final estimate, which you will have to accept and validate.

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• Once the final estimate has been accepted and validated, you will have to make full or partial payment in agreement with the Atelier Du Sabre Japonais. Without payment on your part, your order will be classified as pending payment. Work will only begin after full or partial payment has been received. Full payment must be made before the sword is sent back.

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• Shipping charges : ATTENTION, shipping charges will be calculated according to the amount declared by the customer, who takes sole responsibility. Indeed, in case of error, the Atelier Du Sabre Japonais will not be responsible for the amount declaredby the customer. And if the customer does not declare any amount, the object or objects will be sent by default, without insurance.

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• For contractual and security reasons, return shipments will only be made via UPS The customer, if he wishes, can choose his own carrier, however, any delivery problems related to this carrier, will not engage the responsibility of the Atelier Du Sabre Japonais.

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       Indicative prices for Francemetropolitan :

 

• About 100€: UPS - return postage for a Katana, with AR and insurance worth 20€ to 1000€

 

• About 200€: UPS - return postage for a Katana, with AR and insurance worth 5000€

 

      For DOM TOM andother countries, on request.

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      The customer can, if he wishes, pick up his equipment at our premises , in this case, nothing will be charged.

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• If the customer refuses the final quote, the cost of 40€, corresponding to the expertise and dismantling/reassembly, plus shipping costs. In the event that the customer comes to collect his equipment from our premises, he will be liable for the sum of €40,corresponding to the disassembly/reassembly, and/or the expertise of the sword.

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• ATTENTION  WE DO NOT OFFER TRADITIONAL POLISHING (That is to say, who  scrupulously respect all the rules of the Art). As a result, it will be impossible for us to give you back a blade with a Japanese quality finish, certain excessive defects may remain apparent, the edges cannot be reshaped as originally and certain characteristics may not stand out (Ji-hada, Nie, etc.). For your information, traditional polishing performed by a certified Togishi (Master Polisher) is very expensive (around €4,000 to €6,000 for a Katana blade).However, polishing is done manually.

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• Translation of signatures (Mei) and technical and encrypted evaluations of saber blades. Because there is far too much responsibility in responding to such requests: 

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- We do not provide a guarantee on the authenticity or not of the signature.

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- We only provide an opinion on whether the blade is genuine or not. 

 

- We do not provide any guarantee on the numerical estimates.

 

- The client undertakes to provide us with photos of good quality and good definition.

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• The cost of the services is fixed (unless otherwise stated).

 

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2 - Conditions of sale of goods :​

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• ​DESCRIPTIONS AND CHARACTERISTICS OF THE GOODS OFFERED FOR SALE : The goods are described according to the knowledge on the object of the moment and can be modified at any time, according to the evolution of these.Descriptions are not Expertise,but reflect the knowledge acquired on the subject. All the information contained in this document (which may be modified at any time),are delivered for information purposes only and cannot be held as contractual and do not in any way engage the persons who drafted them.They are made in full transparency and made in good faith, without falsification of any kind.

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• Price : prices are non-negotiable, except in the case of several orders combined at one time. For orders over 6000€, a commercial discount is applied.

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• Returns of goods : Any return of goods must be subject to ratification, in writing or by email, from Atelier Du Sabre Japonais.The Return must be made within a maximum of 14 days for France and 3 weeks for shipments outside France.

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• Right to retract : The customer has a period of fourteen clear days from the receipt of his order to return the products to the Atelier Du Sabre Japonais for reimbursement within fourteen days after the withdrawal without penalties except for costs. return which are the responsibility of the customer. Returned products must not have been used or damaged. The refund of the order will be made within a maximum period of 14 days after receipt of the return.

 

• For custom swords : according to Article L121-20-2 Specifying that the right of withdrawal cannot be exercised, unless the parties have agreed otherwise, for contracts for the supply of goods made to the consumer's specifications or clearly personalized.

 

• The customer will therefore not be able to exercise the right of withdrawal in the context of an order subject to custom work, tailor-made work according to the specificities requested by the said customer. Within this framework, all the sabers manufactured, having been the subject of a detailed estimate mentioning the measurements and specificity of assemblies required by the customer during the order. It will be taken into account that the dimensions inevitably vary very slightly, and a refund cannot be motivated by these margins inherent in the craftsmanship. The lead times for these bespoke items are only estimates, you will be notified in the event of a delay. These uncertainties are inherent in craftsmanship, but too much delay may be the subject of a request for withdrawal.

 

Please find below a standard withdrawal form that you can use to withdraw :

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1. For the attention of the Atelier Du Sabre Japonais, e-mail: shamisen18(at)gmail.com

2. I hereby notify you of my withdrawal from the contract relating to the sale of the property below:

3. …….……………………………………………………………………(Describe your property)

4. Ordered on ………………………received on ………………………….

5. Client name :

6. Customer address:

7. Signature of the customer (only in the event of notification of this formgo on paper).

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• Buyer's acceptance : These general conditions of sale, as well as the prices appearing both on the site and in this document, are expressly approved and accepted by the Buyer, who acknowledges having perfect knowledge of them, and therefore waives the right to avail himself of any conflicting documents. The act of purchase entails the acceptance of these general conditions of sale.

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• Applicable legislation and competent jurisdiction : Contracts concluded with French consumers, from France, are subject to French law. Any dispute that has not found an amicable solution will be subject to French law before the Commercial Court of Bourges, court of the registered office of L'Atelier du Sabre Japonais, where the contract between the parties is formed.

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• The Japanese Saber Workshop is not responsible for any damage to the product, to property or to persons, which may arise from incorrect handling.

 

• Shipments to customers (purchase only) : Shipments for France and neighboring EU (Italy, Spain, Belgium...) are free (only for the purchase of certain old Nihonto and Bugu) delivered against signature with an AR/.Shipping costs to the rest of the world are extra. Sending of the Goods, after complete payment and complete cashing of the checks within 48 hours (2 working days).Payments in 3 monthly installments maximum accepted (after exclusive agreement of the Japanese Saber Workshop).

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3 - Conditions of the contract for research and purchases :​

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Due to the fact that for the products are directly imported from Japan, the search times for very specific products, the obligation to submit to import procedures, as well as the delivery times to France, can be quite significant. , It is for this reason that the default duration of Atelier Du Sabre Japonais contracts is 4 months, upon signature by the client.

 

The Atelier Du Sabre Japonais provides the customer with a whole series of information intended to enable him to make a commitment in full knowledge of the facts and in full clarity.

 

For items which are not immediately available for sale on the Atelier du Sabre Japonais website and which the Atelier du Sabre Japonais must specifically research and order for the customer and which are subject to subsequent delivery, the customer must, by signing the search and purchase mandate contract, pay the deposit of 10% of the total sum, thus confirming his willingness to commit.

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By signing an order form and paying this 10% deposit, the customer agrees.This means that the client definitively undertakes to purchase the property that the Atelier Du Sabre Japonais has specially purchased on its behalf, if it corresponds to the criteria of the specifications that the client has established himself.

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Before any final purchase by the Atelier Du Sabre Japonais by mandate on behalf of the customer, the Atelier Du Sabre Japonais, which acts as an intermediary, gives its customer all the technical and price information, as well as the photos. Once the customer agrees and validates all the technical and pricing information, as well as the photos, the customer must pay the full balance.

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Without payment of the full balance, to the Atelier Du Sabre Japonais, the latter will not be able to proceed with the final purchase on behalf of the customer; nor to initiate import procedures.

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Passed the final purchase stage(by the Atelier Du Sabre Japonais on behalf of the customer), the customer can no longer withdraw.The provisions concerning the withdrawal, do not apply to special orders on estimate and to the sales of products whose manufacture is undertaken on special order of the customer.

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Reimbursement of sums paid in advance (Deposit) :

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If within the maximum period of 4 months (the contract of sale or provision of services is terminated) or, if the customer, (past the final purchase stage by the Atelier Du Sabre Japonais on his behalf), refuses to finalize their purchase from the Atelier Du Sabre Japonais, the deposit remains acquired by the Japanese Saber Workshop, as compensation and in the event of a dispute, the Atelier Du Sabre Japonais reserves the right to take legal action to assert their rights.

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On the other hand, if the customer, having passed the stage of final purchase by the Atelier Du Sabre Japonais on his behalf, refuses to finalize his purchase with the Atelier Du Sabre Japonais, the deposit remains with the Atelier Du Sabre Japonais, as compensation and in the event of a dispute, the Atelier Du Sabre Japonais reserves the right to take legal action to assert its rights.

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4  - Payment methods(You can pay in 3 ways) :

 

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• Directly inline via PAYPAL - Secure paymentto the following address: shamisen18(at)gmail.com

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Links for online payment

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• By cheque(Longer processing time). Make your check payable to L'Atelier du Sabre Japonais and send it to the following address:

 

L'Atelier du Sabre Japonais

16 Impasse Pierre Michot

18230 Saint-Doulchard ​

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• By bank transfer to the professional account of The Atelier du Sabre Japonais. Attention, if you pay by bank transfer (All costs will be your responsibility). The data of our RIB will be sent to you as soon as we have received your order confirmation.

 

• Please do not send money by post, we will not be responsible for the loss.

 

• As soon as payment is made, you will receive a receipt.

 

• The invoice is attached to the shipment, sent by email or given during a withdrawal on site.

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5  - Sending swords or parts of swords:​

 

• The sending of the sabers or parts of sabers are the responsibility of the customer and under his responsibility. Be careful to ensure that the packaging is correct and very resistant, in order to preserve them and avoid damage that may occur during transport.

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• In order to avoid covetousness, we advise you to send your parcels to Mr. Denis BLANC (at the same address), rather than to the attention of Atelier Du Sabre Japonais.

 

• The Japanese Saber Workshop can therefore in no way be held responsible for any damage related to transport.

 

• Once the work is completed, orders are generally shipped within 48 hours (UPS registered with insurance). It is imperative that the customer determines the price at which he wishes his sword or its accessories to be insured and communicates it to us. The Atelier Du Sabre Japonais is in no way responsible for the amount of the price given by the customer.​

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• For contractual and security reasons, return shipments will be made only via UPS The customer, if he wishes, may choose his own carrier, however, any delivery problems related to this carrier will not engage the responsibility of the Atelier Du Sabre Japonais.

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Links for parcel tracking

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• We try to answer all emails during working days. If you are waiting for an order confirmation and you haven't heard back, send us another email.

 

• We remind our customers that we are not responsible for damage caused during transport and shipping. It is in your interest to open the package upon receipt, to check the goods, in the presence of the delivery person, or at the post office, to possibly make a complaint. In no case, a refund can be made in the case of damage due to transport.Our responsibility stops as soon as the package is dispatched and taken over by the carrier.

 

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6 - Legal information :

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All the data you entrust to us is used to process your orders. In order not to infringe the protection of your privacy, L'Atelier du Sabre Japonais treats all information concerning you in the strictest confidentiality, and undertakes never to transmit its customer file to a third party. Under the law n 78-17 of January 6, 1978, relating to data processing, files and freedoms, you have a right of access, consultation, rectification and deletion of the data concerning you of which we have.

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7 - Price :

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The Atelier du Sabre Japonais may modify its prices at any time.

The customer agrees to pay the sale price in force at the time of entering the order.The payment of the order is payable in advance in one installment when sending the Atelier du Sabre Japonais the order acceptance slip.

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8 - Buyer's acceptance :

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These general conditions, as well as the prices appearing both on the site and in this document, are expressly approved and accepted by the Buyer, who acknowledges having perfect knowledge of them, and therefore waives the right to avail himself of any document. contradictory. the act of purchasing a service entails acceptance of these general terms and conditions.

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9 - Intellectual property :

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Any person, natural or legal, using for professional and/or commercial purposes the distinctive attributes of the site (Logos, photos produced by our services) will place themselves under the threat of legal proceedings by the Atelier du Sabre Japonais on the grounds of infringement of intellectual property.

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10 -Privacy Policy - The rules relating to personal data - GDPR:

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As part of the provision of craft services and the sale of products, the Atelier du Sabre Japonais collects personal data from its customers and in particular the following data :

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• Full name

• Address

• E-mail address

• Phone

 

The information collected about you is the sole object of processing by the person in charge of the Atelier du Sabre Japonais :

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L'Atelier du Sabre Japonais / Mr. BLANC Denis

16, impasse Pierre MICHOT
18230 Saint-Doulchard

France
07-61-13-87-08
E-mail :shamisen18(at)gmail.com

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L'Atelier du Sabre Japonais collects and processes the personal data of its customers for the following purposes : 

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• Order management.

• Management of returns, exercise of the right of withdrawal, payment, invoicing.

• Contact and exchange with its customers, either by email, or by telephone, or by mail.

• Information on the Atelier du Sabre Japonais, the services and activities of the Atelier du Sabre Japonais.

• Response to any questions/complaints from Customers.

• Targeted promotion on products sold by the Atelier du Sabre Japonais.

 

​The recipient of this data is : Atelier du Sabre Japonais

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The duration of data conversation is: The time of the transaction and/or the follow-up of the purchase or the restoration of old Japanese objects.

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​The Atelier du Sabre Japonais, undertakes not to sell any information on its customers andensures that the personal data of its customers remain confidential by preventing them from being distorted, damaged or communicated to unauthorized persons. The Atelier du Sabre Japonais does not communicate any personal dataand can only communicate personal data to administrative and judicial authorities, in order to cooperate.

 

Right of access, rectification, portability, erasure or limitation of the processing of personal data.

In accordance with the Data Protection Act dated January 6, 1978, customers have a right of access, rectification, deletion as well as a right of opposition for legitimate reasons to the processing of their data collected and processed by ​The Atelier du Sabre Japonais.

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You can object to the processing of data concerning you and have the right to withdraw your consent at any time by contacting:

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L'Atelier du Sabre Japonais / Mr. BLANC Denis

16, impasse Pierre MICHOT
18230 Saint-Doulchard

France
07-61-13-87-08
E-mail :shamisen18(at)gmail.com

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You have the option of lodging a complaint with a supervisory authority.

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The Data Protection Officer of the Atelier du Sabre Japonais is:

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L'Atelier du Sabre Japonais / Mr. BLANC Denis

16, impasse Pierre MICHOT
18230 Saint-Doulchard

France
07-61-13-87-08
E-mail :shamisen18(at)gmail.com

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11 - Professional Civil Liability Insurance No. AN902614/17101177546:

 

The Atelier du Sabre Japonais has taken out professional liability insurance guaranteeing :

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• RC Operation

• RC After Delivery and Professional RC

• Remedies and Legal Assistance

• Material damage caused to entrusted property

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12 -  Nihon Bijutsu Token Hozon Kyokai - NBTHK Japan- Japan Sword Preservation Society :

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Member number 00035452

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• The Atelier du Sabre Japonais which is a member of the Nihon Bijutsu Token Hozon Kyokai - NBTHK Japan (Japanese Sword Preservation Society), is committed to preserving the beauty and history of Japanese swords and relies on quality artisanal restoration work at the service of Japanese blade enthusiasts.

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• Through its work, the Atelier du Sabre Japonais participates in the conservation of this Japanese cultural and historical heritage, so important, in order to transmit them to posterity, in the best possible state.

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• The Atelier du Sabre Japonais only works with quality products and specialized Japanese suppliers, such as Nosyudo, Namikawa Heibei Company, Tozando, etc., and uses reference books, such as "The Connoisseur's Book of Japanese Swords", "The Art of Japanese Sword Polishing", "Markus Sesko Books", "The Art of Tsukamaki", etc.

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