General Sales Terms & Conditions - Conditions Générales de Vente
Last update: 17/10/24
ARTICLE 1 – GENERAL SALES TERMS AND CONDITIONS
These terms and conditions of sale are entered into on the one hand by Sabrina Kaufmann, 3 rue de la Tuilerie, 4336 Esch-sur-Alzette, Luxembourg, registered with the Luxembourg Trade and Companies Register under RCS number A41794, establishment authorisation 10083410/0 , VAT number LU28535824, hereinafter referred to as "Sabrina Kaufmann" and manager of the Himesama website: www. himesama.fr and, on the other hand, by any individual or legal entity wishing to make a purchase via the Himesama website: www.himesama.fr hereinafter referred to as "the buyer".
The purpose of these terms of sale is to define the contractual relationship between Sabrina Kaufmann and the buyer and the conditions applicable to all purchases made through the Himesama website: www.himesama.fr. The purchase of a product through this website implies the buyer's unreserved acceptance of these terms and conditions of sale, which the buyer acknowledges having read prior to ordering.
Prior to any transaction, the buyer declares on the one hand that the purchase of products on the Himesama website: www.himesama.fr is not directly related to his/her professional activity and is limited to strictly personal use, and on the other hand that he/she has full legal capacity, allowing him/her to commit to these Terms and Conditions of Sale.
Sabrina Kaufmann / www.himesama.fr reserve the right to modify these terms and conditions of sale at any time, in order to comply with any new regulations or in order to improve the use of its site. As a result, the applicable conditions will be those in force on the date of the buyer's order.
ARTICLE 2 – PRODUCTS
The products offered are those shown on the Himesama website: www.himesama.fr by Sabrina Kaufmann while stocks last. Sabrina Kaufmann reserves the right to change the product range at any time.
For a detailed description of the products, please refer to the product description. You will only receive products that are expressly described in the description box on the respective product pages.
Please note that any decorations or backgrounds shown in the photographs are not included in your purchase if they are not expressly noted in the product description.
The photographs are as accurate as possible but are not binding on the Seller and colours may vary depending on the screen. The sale of products presented on the Himesama website: www.himesama.fr is intended for all buyers residing in countries that fully authorise the entry of these products into their territory.
ARTICLE 3 – PRICING
The prices shown on the product sheets in the internet catalogue are in Euros (€), inclusive of all taxes (TTC), taking into account the VAT applicable on the day of the order. Any change in the VAT rate may be reflected in the price of the products. Sabrina Kaufmann reserves the right to modify the prices at any time, however, the price shown in the catalogue on the day the order is placed will be the only price applicable to the purchaser. The prices indicated do not include delivery costs, which are calculated when the order is placed.
ARTICLE 4 – ORDERS AND PAYMENT TERMS
Before placing an order, the buyer can create an account on the Himesama website: www.himesama.fr. The account creation section can be accessed directly from the menu bar. Each time you visit the site, if you wish to place an order or view your account (order status, profile, etc.), you will need to identify yourself using your personal information.
www.himesama.fr accept various payment methods securely operated by our payment processors
- Paypal
- Credit or Debit Card operated by Stripe
- Bank Transfer
- Apple Pay or G-Pay
Confirmation of an order implies acceptance of these terms and conditions of sale, acknowledgement that you are fully aware of them and waiver of your right to invoke your own terms and conditions of purchase. All the data supplied and the recorded confirmation shall constitute proof of the transaction. If the purchaser has an e-mail address and has entered it on the order form, Sabrina Kaufmann will send an e-mail confirming that the order has been registered.
If the purchaser wishes to contact Sabrina Kaufmann, they may do so by e-mail at the following address: himesama@sabrinakaufmann.com
ARTICLE 5 – RETENTION OF TITLE
Sabrina Kaufmann retains full ownership of the products sold until full payment has been received, in principal, costs and taxes included.
ARTICLE 6 – RETURNS
In accordance with the Luxembourgish Code de la Consommation, the buyer has a period of fourteen (14) days starting from the delivery of their order to exercise their right of withdrawal and return the product to the seller for exchange or reimbursement without penalty, with the exception of the cost of returning the product. See our Returns Procedure for more details.
ARTICLE 7 – DELIVERY
Deliveries are made to the address indicated on the order form, which can only be within the agreed geographical area. Orders are placed by Post Luxembourg for the European Union, a delivery service with tracking and delivery without signature.
Delivery times are given as an indication only; if they exceed thirty days from the order date, the sales contract may be terminated and the purchaser reimbursed.
Sabrina Kaufmann will provide the purchaser with a parcel tracking number by e-mail. The buyer is delivered to his/her home by his/her postman. If the purchaser is absent, he/she will receive a delivery notice from the postman, which will enable him/her to collect the products ordered from the nearest post office, within a period indicated by the postal services.
The purchaser is obliged to check the condition of the packaging and the contents of the goods on delivery in the presence of the delivery person. In the event of damage during transport, any protest must be made to the carrier within three days of delivery.
Orders are dispatched to most European Union countries, North America and some Asian countries by Post Luxembourg.
Except in the case of pre-orders or if explicitly indicated on the shop item page, orders are always dispatched within 2 to 3 working days according to the Luxembourg calendar. If the boutique is closed for a longer period of time, the closing dates of the boutique or exceptional delivery times will appear on a banner at the top of the website.
All mail to other countries is sent with a tracking number which will be sent to you by email as soon as your order is dispatched. You can track this number on Track&Trace Luxembourg:
Track and Trace: Le suivi des envois, colis et recommandés - POST
All products supplied by Sabrina Kaufmann are covered by legal guarantee. In the event of non-conformity of a product sold, it may be returned using the Returns Procedure and receive an equivalent exchange free of charge it a reimbursement.
ARTICLE 9 – RESPONSIBILITY
In the distance selling process, Sabrina Kaufmann is only bound by an obligation of means. It may not be held liable for any damage resulting from the use of the Internet network, such as loss of data, intrusion, viruses, disruption of service or other involuntary problems.
ARTICLE 10 – PROPRIÉTÉ INTELLECTUELLE
All elements of the Himesama website: www.himesama.fr are and remain the exclusive intellectual property of Sabrina Kaufmann. No one is authorised to reproduce, exploit or use for any purpose whatsoever, even partially, any elements of the site, whether in the form of photos, logos, visuals or text.
ARTICLE 11 – PERSONAL DATA
Sabrina Kaufmann undertakes to preserve the confidentiality of any information provided by the purchaser, which he or she may be required to transmit in order to use certain services. Internet users therefore have the right to access, modify and delete information concerning them. They may request this at any time by e-mail: sabrinakaufmann.art@gmail.com
ARTICLE 12 – RÈGLEMENTS DES LITIGES
These conditions of distance selling are governed by Luxembourg law. In the event of any dispute or litigation, the competent court will be that of Luxembourg.
Retours et remboursement
In accordance with the Luxembourgish law, you have a right of withdrawal as a consumer and may return an item purchased in the shop and request a voucher for the same amount (including postage costs) or a full refund (including postage costs), within 14 days of receiving the product, with Track&Trace as proof of the actual delivery date.
Return shipping costs are the responsibility of the buyer returning the products. Please refer to the according section for the returns procedure.
No returns or refunds will be accepted for the following products:
*unless the fault lies with us for the physical products on this list
- Gift cards
- Original artwork
- Surprise packs
- Digital downloads
- Himesama VIP subscriptions and the content of their trimestrial packages
- Any separate product that was originally part of a set (e.g. a single sticker from a set of six stickers)
- Any item that has been modified according to the buyer's needs and makes it impossible to be marketed again as a regular product (e.g. an autographed manga that is signed or contains a special mention or illustration
- Items that are damaged when returned, if they have not been properly protected by the buyer (a photo of the item prior to its return is mandatory, see the returns procedure)
- Gift items received free of charge as part of advertising campaigns on himesama.fr and sabrinakaufmann.com and our social media (e.g. Instagram giveaways), as a proof of purchase via sabrinakaufmann.com or himesama.fr is required
- Gifts received by another person, as a proof of purchase via sabrinakaufmann.com or himesama.fr is required
- Items purchased at conventions on the Sabrina Kaufmann booth
Returns procedure
You have 14 days from the date of receipt of the parcel to request a return, the tracking number serving as proof of the date of receipt. If 14 days have passed since your purchase, we are unfortunately unable to offer you a refund or an exchange. To be eligible for a return, your item must be unused and in the same condition as when you received it. It must also be in its original packaging. Please follow exactly the procedure below for your request to be considered valid.
Contact Sabrina Kaufmann at himesama@sabrinakaufmann.com with the following information:
- A photo of the product as you received it
- A short explanation of why you are requesting a refund
- If the product is damaged, please include details and exact photos showing where the damage is visible.
- A copy of your purchase confirmation or invoice
- Your preferred option: exchange for a new product in the case of damaged delivery, voucher in the shop, or refund via the payment method you used at the time of purchase, Paypal or bank transfer (please enclose a bank details slip or your valid Paypal address).
We will contact you within 5 working days to confirm your request. We will send you the contact details where you can send us the return. Please note that return postage costs are at the buyer's expense, and that it is strongly recommended that you add a tracking or recorded delivery option in order to guarantee the safe return of the product(s). Please do not send the package to our manufacturer's facility noted on the clothing, but by all means use the address given to you during the returns procedure.
If the product has been damaged due to poor packaging by the purchaser or any other circumstance, altering the appearance of the product in any way from the photos you sent us prior to returning the product, we reserve the right not to issue a refund.
There are certain situations where only a partial refund is granted: (where applicable)
- Any item that is not in its original condition, is damaged or is missing parts for reasons that are not due to an error on our part.
- Any item that is requested to be returned after more than 14 days after delivery.
Refunds
For customers who receive incorrect or damaged items, if this applies to you, please contact us at himesama@sabrinakaufmann.com with photos of the damaged items and we will arrange a refund.
Your refund will be issued within 14 days of the actual dispatch of your parcel with the purchases to be returned, provided your post has actually reached us.
Late or missing refunds
If you have not yet received your refund, please check with your bank first or contact your credit card issuer, as there may be a delay before your refund is officially posted.
Depending on the bank and countries, there is often a processing time before a refund is completed.
If after completing all these steps you have still not received your refund, please contact us at himesama@sabrinakaufmann.com.