General terms & conditions of sale

Page last updated: 28 October 2024

These general terms and conditions of sale (the “General Terms and Conditions”) are entered into by the company Institut Takumi Finch with a share capital of 5,000 euros, whose registered office is located at 30 avenue de Moutille, 33360 Cénac, France, registered in the Bordeaux Trade and Companies Register under number 832 632 269, hereinafter referred to as “Institut Takumi Finch” and which manages the website https://www.takumifinch.com/ (hereinafter referred to as the “Site”), and by any individual or legal entity wishing to make a purchase via the Site, hereinafter referred to as the “Customer”.

Article 1. Purpose

The purpose of the present terms and conditions of sale is to define the contractual relationship between Institut Takumi Finch and the Customer, and the conditions applicable to any purchase made through the Site. The acquisition of a product through the present site implies unreserved acceptance by the Customer of the present General Terms and Conditions, which the Customer acknowledges having read prior to placing an order. Prior to any transaction, the Customer declares that he/she has full legal capacity, enabling him/her to commit to the present General Terms and Conditions.

The company Institut Takumi Finch reserves the right to modify these General Terms and Conditions at any time, in order to comply with any new regulations or in order to improve the use of its site. Consequently, the applicable conditions will be those in force at the date of the Customer’s order.

Article 2. Products

The products offered are those shown on the Institut Takumi Finch website, subject to availability. Institut Takumi Finch reserves the right to modify the product range at any time. Each product is presented on the website in the form of a description of its main characteristics. The photographs are as accurate as possible, but are not binding onInstitut Takumi Finch.

When the product proposals consist of an in person training course, hereinafter referred to as “In Person Training”, they are valid as long as they are visible on the Site and within the limit of available places. If one of the In Person Training sessions proves to be unavailable after validation of the order by the Customer, the latter will be informed by e-mail, as well as of the dates of the next training sessions, in order to enable him/her, if necessary, to abandon his/her order or to be placed on the priority list for a subsequent In Person Training session.

Article 3. Rates

Unless otherwise indicated, the prices shown on the product sheets of the internet catalog are expressed 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. Please note that for all training courses,Institut Takumi Finch is exempt from VAT (Art. 261.4.4 a of the French General Tax Code).

L’Institut Takumi Finch reserves the right to modify its prices at any time, it being understood however that the price appearing in the catalog on the day of the order will be the only one applicable to the Customer. The prices indicated do not include delivery charges, where applicable, which are invoiced in addition to the price of the products purchased, depending on the total amount of the order.

Article 4. Order and payment terms

When placing an order, the Customer must create an account on the Site. The account creation section is accessible on the order page or directly from the Site menu. On each visit to the Site, if the Customer wishes to order or consult his account (order status, profile, etc.), he must identify himself using this information.

Institut Takumi Finch offers the following payment methods: credit card, PayPal, SEPA direct debit, Bancontact. L’Institut Takumi Finch reserves the right to modify these methods of payment at any time, it being understood, however, that the method used at the time of ordering will remain available to the customer until all payments for the order have been finalized.

The Customer selects the products he wishes to order in the “shopping basket”, modifies them if necessary (quantities, references…), checks the billing and, if applicable, delivery address, or enters a new one. If applicable, shipping costs are calculated and submitted to the Customer, along with the name of the courier. The Customer then selects the payment method of his/her choice. The next step is to check all the information, read and accept the present terms and conditions of sale by ticking the appropriate box, and then confirm the order by clicking on the “Order” button. In the case of payment by PayPal, the customer is redirected to the secure PayPal interface, where he/she can safely enter his/her PayPal account details or personal credit card details. If the payment is accepted, the order is registered and the contract definitively formed.

Payments on the Site are irrevocable. In the event of fraudulent use, the Customer may demand cancellation of the payment, in which case the sums paid will be credited back or refunded. The cardholder is not liable if the disputed payment has been proven to have been made fraudulently, at a distance, without physical use of the card. To obtain reimbursement for the fraudulent debit and any bank charges that may have been incurred, the cardholder must dispute the debit with his or her bank.

Confirmation of an order implies acceptance of these General Terms and Conditions, acknowledgement of full knowledge of them, and waiver of the right to invoke one’s own terms and conditions of purchase. All data supplied and the recorded confirmation shall constitute proof of the transaction. If the customer has indicated an e-mail address on the order form, Institut Takumi Finch will send an e-mail confirming that the order has been registered, enclosing the payment receipt.

If the Customer wishes to contact Institut Takumi Finch, they may do so either by post to the following address: 30 avenue de Moutille, 33360 Cénac, France; or by email to the following address: admin@takumifinch.com, or by telephone on +33 6 51 52 38 43.

For certain products, Institut Takumi Finch offers the customer the option of paying in instalments. In each case, the details and dates of each instalment are displayed on the product pages and during the payment process. They also appear in the Customer’s account once the order has been processed.

If the Customer chooses to pay in instalments for a In Person Training course, Institut Takumi Finch reserves the right to demand payment in full on the first day of the course, in accordance with Article 5 of the Training Contract which the Customer will receive following registration. In the event of payment in instalments, the first instalment will serve as a deposit and will guarantee the Customer’s place in the training course pending any further payment or reimbursement.

Article 5. Reservation of ownership

The company Institut Takumi Finch retains full ownership of the products sold until full payment has been received, in principal, costs and taxes included.

Article 6. Withdrawal

In accordance with article L121-20 of the French Consumer Code, Customers have a period of fourteen working days from 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 return.

After this period, and in the case of In Person Training, the terms of article 8 of the Training Contract will apply.

If the order is for a Presential Training course, in accordance with articles L. 6353-3 to L. 6353-7 of the French Labour Code, the customer has ten days from the date of the order to exercise his right to withdraw from the training course and obtain reimbursement of all payments made.

If the Customer withdraws or is prevented from attending the training course before the start date specified in Article 1 of the training contract, any sums paid by the beneficiary will be reimbursed.

Article 7. Liability

In the distance selling process, Institut Takumi Finch is bound only 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 8. Intellectual property rights

All elements of the Site are and remain the exclusive intellectual property of the company Institut Takumi Finch. No one is authorized to reproduce, exploit, or use for any purpose whatsoever, even partially, elements of the site whether in the form of photo, logo, visual or text without the express permission of Institut Takumi Finch.

Article 9. Personal data

The company Institut Takumi Finch undertakes to maintain the confidentiality of any information supplied by the customer, which he may be required to transmit in order to use certain services. All information concerning the customer is subject to the provisions of law no. 78-17 of January 6, 1978. As such, Internet users have the right to access, modify and delete information concerning them. They may request this at any time by mail to the following address: admin@takumifinch.com

All personal information collected is strictly necessary for order processing and invoicing. Customer account information is therefore only used within the framework of commercial relations with the Site.

Further information on how data is used can be found on the Privacy Policy page: https: //www.takumifinch.com/politique-de-confidentialite/

Article 10. Settlement of disputes

These conditions of distance selling are governed by French law. For all disputes or litigation, the competent court will be that of Bordeaux.