Terms of sale

Effective Date: December 11, 2024

1. Purpose

These general terms and conditions of sale apply without restriction or reservation to all online sales offered by MAYUMI on the website ma-yumi.com (hereinafter referred to as "the Site").

The Site is an e-commerce platform that allows users (hereinafter referred to as "Buyers") to purchase products (excluding regulated sales), including teas, accessories, coffee, and non-alcoholic beverages, listed for sale on the Site (hereinafter referred to as "the Products").

These terms and conditions define the terms and conditions of online sales and delivery of Products, as well as the rights and obligations of the parties involved.

They are accessible and printable at any time via a direct link at the bottom of the Site.

The applicable version of the terms and conditions is the one available online on the date of the Buyer’s order.

These general terms and conditions of sale prevail over any other general or specific conditions not expressly agreed upon by MAYUMI.

They may be supplemented by specific conditions for certain Products or services offered on the Site, which supersede these general conditions in the event of a contradiction.

2. Seller’s identity & contact information

The Site is operated by MAYUMI, a SAS (simplified joint-stock company) registered with the RCS of Paris under No. 931 955 983, with its headquarters at:

229 rue Saint-Honoré, 75001 Paris, France (hereinafter referred to as "MAYUMI"), which offers the Products for sale.

MAYUMI can be contacted at the following details, including for any complaints:

  • Mailing Address: 229 rue Saint-Honoré, 75001 Paris, France
  • Phone: +33 6 41 69 72 54
  • Email: contact@ma-yumi.com

3. Legal capacity & acceptance of terms

1. Legal capacity

The Site is accessible to:

  • Any natural person with full legal capacity to enter into these terms and conditions. If a person does not have full legal capacity, they may only access the Site with the consent of their legal representative.
  • Any legal entity, represented by a natural person who has the authority to enter into contracts on behalf of the entity.

2. Acceptance of terms

Acceptance of these terms and conditions by the Buyer is confirmed by checking a box in the order form. This acceptance must be full and unconditional. Any acceptance with reservations shall be considered null and void.

Buyers who do not accept these terms must not place an order on the Site.

4. Registration on the site

1. Ordering without registration

Placing an order does not require registration on the Site.

If a Buyer chooses to register, they may do so by:

  • Filling out the registration form on the Site.
  • Using login credentials from a third-party website, if supported. In this case, the Buyer must provide any additional requested information and explicitly authorize MAYUMI to access relevant account data.

All mandatory fields must be completed for registration to be valid.

A registered Buyer automatically receives an account ("Account"), allowing them to manage their purchases as deemed appropriate by MAYUMI.

The Buyer guarantees that all information provided during registration is accurate, up to date, and truthful. The Buyer agrees to update their information (e.g., address changes) as necessary.

2. Access to the account

Buyers can access their Account at any time using their login credentials.

Buyers must not share their login credentials and are fully responsible for any use of their Account by third parties.

If a Buyer suspects unauthorized use of their Account, they must immediately notify MAYUMI at the contact details provided in Section 2.

5. Product characteristics

Before placing an online order, the Buyer can review the characteristics of each Product available for purchase on the Site.

Products are offered for online sale while stocks last.

The photographs and descriptions of the Products available for sale are as accurate as possible. However, MAYUMI is only bound by what is explicitly stated. The Buyer acknowledges and accepts that certain characteristics of the Products, including their color, may not exactly match the photographs presented on the Site due to technical constraints.

6. Orders

1. Placing an order

To place an order, the Buyer must select the desired Product and add it to their cart.

The Buyer can access their cart summary at any time before the order is finally validated and may correct any errors in the entered information.

An order is considered received by MAYUMI once it becomes accessible to the company.

As part of the order process, the Buyer is required to provide billing and shipping details. They must complete all fields marked as mandatory in the designated form. Orders that do not include all required information cannot be validated.

The Buyer guarantees that all information provided in the order form is accurate, up to date, and truthful and is not misleading.

The Buyer acknowledges and accepts that this information constitutes proof of their identity and binds them once validated.

2. Order confirmation

Once the order is placed, the Buyer will receive a confirmation email including:

  • A summary of the order details and the estimated delivery timeframe.
  • The terms and conditions in effect at the time of the order.

The Buyer must ensure that their account details are correct and allow them to receive the confirmation email. If they do not receive this email, they should contact MAYUMI using the contact details provided in Section 2.

MAYUMI recommends that the Buyer retain the information contained in the order confirmation.

The order confirmation is considered received by the Buyer once they can access it.

7. Pricing & payment terms

1. Pricing

The selling prices of the Products are displayed on the Site.

They are indicated in euros (€).

MAYUMI reserves the right, at its sole discretion, to offer promotions or discounts according to the terms it deems appropriate.

Prices do not include any applicable shipping fees, which are charged in addition to the Product prices. The applicable shipping costs will be displayed before the Buyer finalizes the order.

The applicable price is the one displayed on the Site at the time of the Buyer's order registration.

Note: For orders outside the European Union and in French overseas territories (DOM-TOM), customs duties or local taxes may apply and will be charged to the Buyer upon receipt of the package. These duties and taxes, which MAYUMI cannot determine in advance, remain the Buyer’s sole responsibility, including any related declarations or formalities.

2. Payment terms

The full price of the Products is due at the time of order placement.

Payment can be made online via:

  • Credit or debit card through the secure payment service available on the Site.
  • Any other payment method offered on the Site at checkout.

The Buyer guarantees to MAYUMI that they have the necessary authorization to use the selected payment method.

MAYUMI reserves the right to suspend or cancel any order and/or shipping in cases of:

  • Non-payment of any amount due by the Buyer.
  • Payment issues (such as rejected transactions).
  • Fraud or attempted fraud in relation to the use of the Site.

A penalty of 1.5 times the French legal interest rate will automatically apply to unpaid amounts from the first formal notice sent via registered letter with acknowledgment of receipt.

3. Invoicing

Purchase invoices will be sent to the Buyer via any appropriate means.

4. Retention of ownership

MAYUMI retains full ownership of the Products sold until full payment is received, including shipping fees.

8. Delivery

1. Delivery areas

Buyers are expressly informed that the Site only offers Product within mainland France and internationally to the following countries: Luxembourg, Belgium, Germany, Spain, Portugal, Italy, Canada, United States, United Kingdom, United Arab Emirates, Switzerland, and Poland.

Products ordered on the Site will be delivered to the address specified by the Buyer as the "shipping address" (which may differ from the billing address), provided that the destination is within the available delivery areas for the relevant Products.

2. Delivery methods

Different delivery methods may be available, depending on the type and weight of the Products.

Before finalizing the order, the Buyer will be informed of the available delivery methods for the selected Product, as well as the applicable delivery timeframes and fees.

The Buyer must select the preferred delivery method and provide all necessary information to ensure successful delivery.

3. Delivery timeframes

For each Product available for sale, the Site provides indicative delivery timeframes based on the delivery destination and selected method.

The actual delivery timeframe will be confirmed to the Buyer in the order confirmation email.

If delivery is not completed within the stated timeframe, the Buyer may cancel the order by registered letter with acknowledgment of receipt or in writing on another durable medium. However, before proceeding with cancellation, the Buyer must first request MAYUMI to complete the delivery within a reasonable additional timeframe. If delivery is still not completed, the order can then be canceled.

The contract is considered terminated once MAYUMI receives the Buyer’s cancellation request unless the order is fulfilled in the meantime.

In case of cancellation due to non-delivery within the specified timeframe, the Buyer will receive a full refund, including shipping fees, within 14 (fourteen) days from the date of cancellation.

9. Right of withdrawal

The Buyer has a 14-day withdrawal period, starting from the date of receipt of the ordered Products, without needing to provide a reason or pay penalties. However, return shipping costs remain the Buyer’s responsibility. If the order includes multiple Products delivered separately, the withdrawal period begins upon receipt of the final Product.

To exercise the right of withdrawal, the Buyer must send MAYUMI a request using the contact details provided in Section 2 before the deadline. This request can be made by submitting the withdrawal form attached to these terms and conditions or by sending a written statement clearly indicating their intention to withdraw, including the order number.

Products must be returned to MAYUMI in their original packaging, unused, and undamaged, without undue delay and no later than 14 (fourteen) calendar days following the withdrawal notification. The returned items must be accompanied by a copy of the purchase invoice. The Buyer is responsible for any damage occurring during the return process.

The Buyer will be refunded promptly, no later than 14 (fourteen) days from the date MAYUMI receives the withdrawal request, deducting any applicable return costs. MAYUMI reserves the right to delay the refund until the returned Products have been received.

10. Legal warranties

The Buyer benefits from legal warranties regarding non-conformity and hidden defects, including any non-conformities due to packaging defects in Products purchased on the Site.

If the Buyer receives a defective, non-compliant, or damaged Product, they must inform MAYUMI using the contact details in Section 2, specifying the issue.

MAYUMI will arrange the return of the Product with its chosen carrier and will inform the Buyer of the return process. MAYUMI will cover the return shipping costs.

Upon receiving the returned Product, MAYUMI will conduct necessary verifications and will offer the Buyer either a replacement or repair when possible. If neither option is feasible, MAYUMI will refund the full purchase price, including any shipping costs, within 14 (fourteen) days of notifying the Buyer of the impossibility of replacement.

Consumer Rights Under the French Consumer Code

  • The consumer has two years from the delivery date to claim the legal warranty for non-conformity if a defect appears. During this period, the consumer only needs to prove that a defect exists and not when it appeared.
  • The legal warranty entitles the consumer to a repair or replacement of the Product within 30 days at no cost or inconvenience.
  • If the Product is repaired under the legal warranty, the warranty is extended by six months.
  • If the consumer requests repair but the seller opts for replacement instead, the legal warranty is renewed for two years from the replacement date.
  • The consumer may request a price reduction or terminate the contract with a full refund in cases where:
    • The seller refuses to repair or replace the Product.
    • Repair or replacement takes longer than 30 days.
    • The solution offered causes significant inconvenience to the consumer, such as bearing costs of returning a faulty Product.
    • The defect persists despite an attempted repair by the seller.
  • If the defect is so severe that an immediate price reduction or contract termination is justified, the consumer is not required to first request repair or replacement.
  • The consumer cannot cancel the purchase if the defect is minor.
  • Any period in which the Product is unavailable due to repair or replacement suspends the warranty period until the Product is returned in working condition.

These rights are based on Articles L. 217-1 to L. 217-32 of the French Consumer Code.

A seller who intentionally obstructs the application of the legal warranty may face a civil fine of up to €300,000, or 10% of their annual average revenue (Article L. 241-5 of the French Consumer Code).

The consumer also benefits from legal protection against hidden defects under Articles 1641 to 1649 of the French Civil Code. This protection lasts two years from the date the defect is discovered and allows the consumer to either:

  • Receive a partial refund and keep the Product.
  • Return the Product for a full refund.

11. Buyer’s obligations

Buyers are solely responsible for their use of the Products. It is their duty to ensure that the Products meet their specific needs before purchasing.

Additionally, Buyers must take appropriate measures to save any information they consider important from their Account, as no copies will be provided by MAYUMI.

Finally, Buyers must implement necessary security measures to protect their own data and software stored on their devices against potential threats.

12. Liability of MAYUMI

MAYUMI commits to conducting regular checks to verify the proper functioning and accessibility of the Site. As such, MAYUMI reserves the right to temporarily interrupt access to the Site for maintenance purposes. Likewise, MAYUMI cannot be held responsible for temporary difficulties or inability to access the Site due to external circumstances, force majeure, or disruptions in telecommunications networks.

MAYUMI shall not be held liable for any failure or delay in executing sales contracts due to external circumstances or force majeure events. The following are explicitly considered force majeure events, in addition to those usually recognized by French jurisprudence:

  • Exceptional weather conditions
  • Natural disasters
  • Fires and floods
  • Lightning strikes
  • Terrorist attacks, riots, insurrections, or wars
  • Government actions
  • Epidemics
  • Telecommunication network failures or blockages
  • Disruptions in transportation or postal services, including strikes
  • Damage caused by viruses that existing security measures cannot prevent

In all cases, MAYUMI's liability under these terms is strictly limited to proven direct damages suffered by Buyers.

13. Intellectual property

All systems, software, structures, databases, and content (including text, images, visuals, music, logos, trademarks, and databases) used by MAYUMI on the Site are protected by intellectual property laws and database producer rights.

Any disassembly, decompilation, decryption, extraction, reuse, copying, or more generally, any reproduction, representation, distribution, or unauthorized use of any of these elements, in whole or in part, without MAYUMI’s express authorization, is strictly prohibited and may result in legal action.

14. Personal data

MAYUMI applies a personal data protection policy, the details of which are specified in the document titled "Privacy Policy", which Buyers are expressly invited to review.

15. Advertising

MAYUMI reserves the right to include advertising or promotional messages on any page of the Site and in any communications with Buyers, in any form and under any conditions at its sole discretion.

16. Third-party links & websites

MAYUMI shall not be held responsible for the technical availability of websites or mobile applications operated by third parties (including potential partners) that Buyers may access via the Site.

MAYUMI assumes no responsibility for the content, advertisements, products, or services available on such third-party sites or applications, which are governed by their own terms of use.

Furthermore, MAYUMI is not responsible for any transactions between the Buyer and any advertiser, professional, or merchant (including potential partners) to whom the Buyer may be directed via the Site. MAYUMI shall not be a party to any disputes that may arise concerning the delivery of products/services, warranties, statements, or other obligations of such third parties.

17. Prohibited Conduct

The following actions are strictly prohibited:

(i) Any behavior that disrupts, suspends, slows down, or prevents the proper functioning of the Site.
(ii) Any unauthorized access or attempted access to MAYUMI’s systems.
(iii) Any misuse or misappropriation of the Site’s system resources.
(iv) Any action that imposes a disproportionate load on the Site’s infrastructure.
(v) Any breach of security or authentication measures.
(vi) Any act that harms the financial, commercial, or moral interests of MAYUMI or its users.
(vii) Any use of the Site for purposes other than those for which it was designed.
(viii) Any violation of these Terms and Conditions or applicable laws and regulations.

Additionally, it is strictly forbidden to monetize, sell, or transfer access to the Site or any information contained therein.

In the event of a violation of this article or any other legal infringement, MAYUMI reserves the right to take appropriate measures and initiate legal action.

18. Account deletion

The Buyer may request to delete their account from the Site at any time by sending an email request to MAYUMI using the contact details listed in Section 2: Seller Identity & Contact Information.

The account deletion process will be completed within a maximum of 7 (seven) days from the date of the request. The Buyer’s account will be permanently deleted.

19. Modifications

MAYUMI reserves the right to modify these Terms and Conditions of Sale at any time. In such cases, the applicable terms will be those in effect on the date of the Buyer's order.

20. Mediation & Dispute Resolution

The Buyer has the right to seek free mediation services to resolve any disputes regarding the execution of these Terms, in accordance with Articles L611-1 and following of the French Consumer Code.

The Buyer may contact the following consumer mediation service:

Centre de Médiation de la Consommation de Conciliateurs de Justice (CM2C)

  • Mailing Address: 14 rue Saint Jean, 75017 Paris, France
  • Phone: +33 6 09 20 48 86
  • Website: https://www.cm2c.net