LEGAL NOTICES
The website www.chizusakamoto.com is published by Madame Chizuko Sakamoto, EIRL, professionally domiciled at 78, avenue des Champs Elysées, office 562 – 75008 Paris, registered with the SIRENE directory under the number RSEIRL 802 575 159, hereinafter referred to as the « Publisher ». Tel.: 09-7582-1940.
Publication Director: Madame Chizuko Sakamoto
Host: IONOS by 1&1
Headquarters: 7 Place de la Gare, 57200 Sarreguemines
Tel. Host: 09-70808911
GENERAL TERMS AND CONDITIONS OF SALE
These general terms and conditions of sale (hereinafter referred to as the « GTC » or the « General Terms and Conditions of Sale ») apply to any internet user browsing the website www.chizusakamoto.com and/or purchasing one or more products and services sold by Chizu Sakamoto on the website(s) www.chizusakamoto.com , www.chizu-sakamoto.systeme.io , www.radiantladyboss.fr , and https://holofitzen.thrivecart.com (hereinafter referred to as the « Site(s) »).
The GTC, together with the specific conditions accepted by the internet user, form a contractual agreement hereinafter referred to as the « Contract, » concluded with Madame Chizuko Sakamoto, EIRL, professionally domiciled at 78, avenue des Champs Elysées, office 562 – 75008 Paris, registered with the SIRENE directory under the number RSEIRL 802 575 159, hereinafter referred to as « Chizu Sakamoto. »
The internet user browsing the Site(s) and Chizu Sakamoto are individually or jointly referred to hereinafter as the « Party » or the « Parties. »
ARTICLE 1. PREAMBLE
Chizu Sakamoto offers internet users personal development consulting products and services, as well as training, marketing, and communication in this field. The internet user must create a user account on the Site to benefit from certain services. Browsing the Site constitutes immediate acceptance of these general terms and conditions.
ARTICLE 2. DEFINITIONS
- « Client »: any internet user who has purchased one or more products or services on the Site.
- « User »: any person browsing the Site, whether they are a Client or a mere visitor.
- « User Account »: the account opened in the name of a Client on the Site to access certain services offered by Chizu Sakamoto.
- « Credentials »: all the elements communicated by the User to identify themselves and notably to access their User Account.
- « Specific Conditions » or « SC »: information communicated by the User for registration or payment and any other specific condition previously accepted. The Specific Conditions specify, for each product or service, its price and characteristics. In case of contradiction between the GTC and the SC, the GTC prevail.
- « Services »: various services offered on the Site by Chizu Sakamoto.
- « Products »: products offered for sale on the Site by Chizu Sakamoto.
ARTICLE 3. ACCEPTANCE AND MODIFICATION OF THE GENERAL TERMS AND CONDITIONS
These general terms and conditions set the conditions for the use of the Site by any User and the conditions governing the sale of Products and Services. Access to and use of the Site constitutes immediate acceptance of these GTC, which apply as long as the User uses the Site or associated Services, particularly while an order is being processed and until its complete execution. These GTC apply to all Users of the Site, except for provisions arising from consumer law if the User is a professional.
When purchasing a Product or Service, by checking the box « I accept the General Terms and Conditions of Sale, » you declare that you are of legal age and fully and unreservedly accept the GTC of Chizu Sakamoto.
If the provisions herein are not agreeable to you, we recommend not using the Site and/or Chizu Sakamoto’s Services.
ARTICLE 4. MODIFICATION OF THE GENERAL TERMS AND CONDITIONS OF SALE
Chizu Sakamoto reserves the right to modify these general terms and conditions at its discretion, and any modification takes effect immediately upon publication. If you disagree with these changes, you are advised to cease using the Site and/or Services and delete your User Account.
Failing this, the modifications to these conditions will be deemed accepted once the User continues to use the Services after publication and/or notification of said changes.
All transactions remain subject to the General Terms and Conditions of Sale in effect at the time of their conclusion.
Successive versions of the General Terms and Conditions of Sale remain accessible in PDF format on the Chizu Sakamoto Site, with their validity period specified.
ARTICLE 5. PRODUCTS AND SERVICES
Chizu Sakamoto offers various Products and Services on its Site.
5.1 Presentation of Products and Services
Chizu Sakamoto presents on its Site the Products and Services along with detailed descriptions allowing the Client to know, before the final order, their essential characteristics.
5.2 Illustration and Photography of Products and Services
The Client is informed that advertising descriptions and photographs are not part of the contractual field and are only an indicative presentation of the Products and Services.
5.3 Availability of Products and Services on the Site
The offers of Products and Services presented on the Site are valid within the limits of stocks or time available. A Product or Service that becomes unavailable is indicated as such on the Site.
5.4 Personalized Products and Services
Chizu Sakamoto may offer personalized Products and Services, notably following Users’ requests. The latter accept or reject Chizu Sakamoto’s proposal.
5.5 Promotions
The Seller is free to offer promotional offers indicated on the Site and directly applied to the basket price.
5.6 Substitution
In case of unavailability of Products or Services, Chizu Sakamoto will immediately inform the Client and propose either to substitute one or more products from the order or to cancel the order and refund the missing product. No product will be substituted without the Client’s express consent.
5.7 Service Usage Period
The details of the conditions for using a Service are provided in the Specific Conditions presented in the Service offer, notably the usage period. Alternatively, if no period is provided in the Specific Conditions, any Service sold on the Site must be used within ten (10) months following its purchase.
5.8 Client Commitment
The Client agrees to pay the full agreed price between the Parties according to the agreed terms. If the Client can cease using the Services at any time, the remaining installments will be due until full payment of the price.
ARTICLE 6. ORDER PROCESS
6.1 Orders placed on the Site
Placing an order requires unconditional acceptance of the GTC via a checkbox, which the Client acknowledges and accepts. The order form is available in French.
The information that must be communicated to Chizu Sakamoto for the order is indicated on the Site by a specific mention.
The different steps of the order process are as follows:
- The Client must choose the Product(s) and Services they wish to order and click on the button leading to the payment page or add the Product or Service to their cart, which they must then validate;
- On the payment page, they can then enter their names, first names, email, billing and/or delivery address if different, payment information, and verify that all communicated information is accurate and sufficient;
- The Client must then verify the purchased Product or Service, choose between any available options, and any additional Products or Services offered if applicable;
- The Client confirms their order (including now the delivery price for Products), in euros including VAT, by clicking on the « Confirm payment » button.
In case of an error in entering the delivery address, Chizu Sakamoto cannot be held responsible for the non-delivery of the Products. The Client must ensure to communicate all necessary information for the proper delivery.
The Contract will be considered concluded once the payment has been made and validated by the banking institution, which will result in an email confirmation summarizing the order content and specifying:
- The ordered Products and/or Services and their price;
- The order number;
- The delivery method and the expected delivery period for the Products;
- A digital copy of the applicable GTC for the order.
The order acknowledgment constitutes proof of the order for the Client and must be retained.
The applicable GTC validated by the Client during the order are available on the Site in PDF format and can be freely downloaded.
In case of unavailability of an ordered Product, Chizu Sakamoto will inform the Client as soon as possible and indicate the date when the Product can be delivered, or, failing that, proceed with the order’s cancellation or its replacement with the Client’s agreement in the latter case.
The Contract relating to an order amounting to 120 euros or more will be archived by Chizu Sakamoto for ten years. The archive will be accessible upon request addressed by the Client to Chizu Sakamoto.
6.2 « Login » Tab
To access certain Services, the User must create a User Account accessible via the « Login » tab on the Site after placing an order.
Orders placed by the Client will then be accessible through their User Account.
If a User Account has been inactive for more than two years, Chizu Sakamoto reserves the right to deactivate it without prior notice. Data is retained and deleted in accordance with the Personal Data Policy.
Requests to deactivate your User Account can be sent to: bienvenue-a-chizusakamoto.com.
6.3 Orders for Customized Products and Services
Orders for customized Products and Services are made following a request to Chizu Sakamoto, followed by a personalized proposal accepted by the Client. Chizu Sakamoto will then provide a link for payment. The order process will then follow the steps described above from point 2.
ARTICLE 7. PRICES AND PAYMENT TERMS
7.1 Prices
The sales prices of Products and Services are indicated on the Site in euros, including all taxes (VAT included).
The sales prices of Products and Services may be modified by Chizu Sakamoto at any time, provided that the Products and Services ordered are invoiced at the price in effect at the time the order is recorded.
In case of an error in the price of one or more Products or Services, the order will be maintained if the corrected price is lower than the displayed price, with the lower price being applied. However, if the corrected price is higher than the displayed price, the Client will be informed of the new price and will be free to accept the payment, in which case the order will be maintained, or to refuse, in which case the order will be canceled.
7.2 Payment Terms
The User guarantees Chizu Sakamoto that they are fully authorized to use the payment card or PayPal account used for payment of their order and that these payment methods legally grant access to sufficient funds to cover all costs resulting from their order on the Site.
Chizu Sakamoto shall not be held responsible for any fraudulent use of the payment method used.
Chizu Sakamoto retains full ownership of the Products sold until full payment of the price of the purchased Products is received. Chizu Sakamoto reserves the right to suspend or cancel any order and/or delivery, regardless of its nature and level of execution, in case of non-payment of any sum due by the User or in case of a payment incident. The payment incident will be notified to the Client at the email address provided on the order form.
The security of bank details is ensured by the providers responsible for the payment module (PayPal, thrivecart, stripe), with Client details being encrypted by them.
Client bank details are not stored and do not pass through Chizu Sakamoto’s servers or general information system.
7.3 Invoice
An invoice is issued for each order and is available in digital format with the order confirmation sent by email.
ARTICLE 8. GEOGRAPHICAL AREA
The delivery of Chizu Sakamoto’s Products is offered in Metropolitan France and the DOM TOMS, hereinafter referred to as the « Geographical Area. »
Orders placed on the Site are delivered only within the Geographical Area.
Expressly excluded from the Geographical Area are:
- Overseas collectivities and countries.
ARTICLE 9. DELIVERY OF PRODUCTS
9.1 Choice of Delivery Address
The delivery address is provided by the Client when registering the order.
The Client must provide an accurate and up-to-date address, including all necessary information for a successful delivery. They must receive the package at the delivery address provided when the order was placed. This address cannot be modified after the order has been placed and validated by payment.
Orders placed on the Site are delivered only within the Geographical Area. Delivery costs and taxes are borne by the Client.
Chizu Sakamoto shall not be held responsible for any delivery failure if the Client has not provided an accurate, up-to-date address containing all necessary information for a successful delivery at the time of order placement (including, but not limited to, building number, building codes, access codes, intercom, etc.). The Client will be refunded within six (6) business days following the receipt of returned Products to Chizu Sakamoto, excluding delivery costs.
9.2 Delivery Times
Chizu Sakamoto makes every effort to ensure quick shipping times but does not control delivery times once the order has been shipped. The maximum preparation time for an order is twenty (20) business days.
Generally, delivery times observed by carriers range between two and five business days for deliveries within Metropolitan France, from the email notifying the order shipment. The estimated delivery time is indicated in the order confirmation email, and Chizu Sakamoto commits to ensuring delivery within thirty (30) business days within the Geographical Area after order validation. A tracking number will allow the Client to monitor the order’s progress.
If the maximum delivery times indicated above are exceeded, the Client may request the cancellation of their order and obtain a refund.
If the Product is in transit at the time of the cancellation request, the Client must return the Product at Chizu Sakamoto’s expense. To do this, they can request a prepaid label from customer service at: bienvenue-a-chizusakamoto.com.
Business days are working days, from Monday to Friday, excluding public holidays and weekends.
ARTICLE 10. COMPLIANCE AND AVAILABILITY
10.1 Availability
Chizu Sakamoto reserves the right to modify the offer of Products and Services available for sale on its Website at any time, without prejudice to orders already placed by the Client.
Products and Services are offered within the limits of Chizu Sakamoto’s stocks and availability. Users are automatically notified on the offer when a Product or Service is no longer available.
If a Product or Service becomes unavailable after the order is placed, the Client will be promptly informed by email and will be automatically refunded unless the unavailability is temporary and caused by force majeure or a third party.
10.2 Legal Guarantees for Products
Compliance
In accordance with Article L.111-1 of the French Consumer Code, the User can review the essential characteristics of the Products they order on the Site.
However, Chizu Sakamoto informs the User that slight differences may exist between the Product photographs on the Site and the actual Product, despite Chizu Sakamoto’s efforts to present the Products as accurately as possible on the Site.
These differences are due to factors beyond Chizu Sakamoto’s control, such as differences in lighting between the location where the Client receives the Products and the location where the photographs were taken, or due to the screen resolution of the User’s device.
Under Article L.217-4 of the French Consumer Code, Chizu Sakamoto is required to deliver a Product in conformity with the Contract and is responsible for any lack of conformity at the time of delivery. The Client has two (2) years from the receipt of the Product to exercise the right of conformity.
Conformity of a product is defined in Article L.217-5 of the French Consumer Code:
« The product is in conformity with the contract:
1° If it is fit for the usual expected use of a similar product and, where applicable:
– If it matches the description provided by the seller and possesses the qualities presented to the buyer as a sample or model;
– If it has the qualities a buyer can legitimately expect given the public statements made by the seller, the producer, or their representative, particularly in advertising or labeling;
2° Or if it has the characteristics defined by mutual agreement of the parties or is fit for any special use sought by the buyer, brought to the seller’s attention, and accepted by the latter. »
In the case of a non-conforming product delivery, particularly due to a logistical error, Chizu Sakamoto will cover the return shipping costs of the Product. The Client will have the option of having the Product repaired or replaced, unless one option incurs a disproportionate cost for Chizu Sakamoto, in which case the appropriate method of restitution will be chosen, in accordance with Article L.217-9 of the French Consumer Code.
10.3 Hidden Defects
The seller guarantees the sold item for any hidden defects, i.e., defects that render the item unfit for its intended purpose or limit its use to such an extent that if the buyer had known about the defect, they would not have contracted.
The action for a hidden defect warranty is prescribed by two years from the discovery of the defect.
ARTICLE 11. INTELLECTUAL PROPERTY
The distinctive signs Holofitzen, Chizu Sakamoto, and any other distinctive sign, domain name, trademark, or trade name, the content of the Site (texts, photographs, graphics, etc.), as well as the Products and Services, such as audio or video content, their packaging and booklets, photographs, gifts, data, or elements of any nature provided or produced by Chizu Sakamoto are the exclusive property of Chizu Sakamoto or its partners and are protected by intellectual property law, including copyright law, trademark law, design or model law, or personality rights.
The User agrees to respect the rights held by Chizu Sakamoto on the Site’s content and not to copy or reproduce, in any way, any part of the elements of the Site or the Products and Services, regardless of the medium or method, for commercial or non-commercial purposes, including as a hyperlink.
The User agrees not to alter or modify the Site and its elements or content in any way and for any reason. They also agree not to allow a third party or provide the means for a third party to make such alterations or modifications.
Any unauthorized use of the aforementioned elements without prior authorization from Chizu Sakamoto may constitute an infringement. Users can request authorization from Chizu Sakamoto at the following address: bienvenue-a-ch
izusakamoto.com.
Any automated extraction of elements from the Site, prices, or photographs or descriptions of Products or Services is expressly prohibited.
The use of Chizu Sakamoto’s distinctive signs for referencing third-party products or services offers is also prohibited.
Any use of Chizu Sakamoto’s trademarks and trade names to improve the referencing of third-party services, particularly as « meta tags » or keywords, whether visible or invisible to the internet user, is prohibited.
THE USER IS INFORMED THAT ANY VIOLATION OF THE ABOVE PROVISIONS CONSTITUTES AN INFRINGEMENT LIABLE TO ENGAGE THE CRIMINAL AND CIVIL LIABILITY OF ITS AUTHOR.
ARTICLE 12. HYPERTEXT LINKS
Chizu Sakamoto may post hypertext links for the information of Users. These links automatically redirect users to other websites, and Chizu Sakamoto shall not be held liable for any damages resulting from visiting these websites or for any illegal and/or immoral content that may be accessible on them. Indeed, Chizu Sakamoto has no control over said content.
In case of inappropriate, illegal, or offensive content, Users should immediately inform Chizu Sakamoto, who will promptly remove the concerned hypertext links.
ARTICLE 13. SUSPENSION AND TERMINATION OF SERVICES
Client Default
Failure to comply with these Terms and Conditions, providing false information when creating the User Account, non-payment when due, or other actions contrary to Chizu Sakamoto’s interests may result in the suspension or early termination of access to Services. Notably, any comments, whether written or verbal, made in public or private online exchanges, on social media, or on the Sites, that are contrary to applicable laws or regulations may result in the suspension of the User Account or exclusion from dedicated discussion groups. Such illegal comments, including but not limited to discriminatory remarks, incitement to hatred, commission of a crime or offense, insults, and defamatory or denigrating remarks, may lead to suspension or exclusion from Services. Chizu Sakamoto reserves the right to take legal action to repair its damage and/or stop the illegal actions.
If resumption of Service is not possible due to the severity of the Client’s behavior, Chizu Sakamoto reserves the right to unilaterally terminate the Contract by written notification and will refund the Client the price paid, minus the price of services already consumed, which will remain due.
In case of non-payment by the due date, Services will be suspended until the due amounts are paid. If payment is not made within two (2) weeks of the notification of non-payment in writing, the Contract will be automatically terminated.
Chizu Sakamoto reserves the right to recover, by any means, the amounts due, increased by late payment interest at the legal rate plus ten points and the applicable flat-rate recovery penalty.
Chizu Sakamoto reserves the right to refuse any new order from a Client with whom there is such a dispute, even if they use a new User Account.
ARTICLE 14. LIMITATION OF LIABILITY AND FORCE MAJEURE
14.1 Failure of Chizu Sakamoto
Chizu Sakamoto commits to making its best efforts to fulfill its obligations under the Contract. If a short-term incapacity (illness, urgent family reasons, etc.) does not cause a delay exceeding two (2) weeks in the performance of its obligations under the Contract, these obligations are merely suspended for the duration of the incapacity and the duration of the Contract is extended accordingly.
If Chizu Sakamoto’s incapacity exceeds this duration, the Contract is automatically terminated, and the Client is refunded the amounts paid for the Services that Chizu Sakamoto is no longer able to provide.
14.2 Operation and Security of the Site
Chizu Sakamoto cannot guarantee that the Site and the Services will be free from interruptions. The obligation to provide the Site and Services is a best-effort obligation.
Chizu Sakamoto makes its best efforts to ensure the proper functioning and security of the Site. However, the Site or any of its elements may be infected by a virus or malicious software. In such a case, Users and Clients cannot hold Chizu Sakamoto liable for any direct or indirect damages, foreseeable or not, that occur to their computer equipment or the data contained therein, or any other damage related to the malicious program or action of third parties operating on the Site, including during the downloading of elements from the Site. It is the Users’ responsibility to equip and install appropriate antivirus software and protection and security programs on their computer terminals.
14.3 Delivery Delay
Chizu Sakamoto is responsible for delivering the Products within the timeframes specified in these GTC. However, in case of a significant delay in delivery, the Client can only claim a refund for the concerned Product(s), and in no case compensation for any other damage, whether direct or indirect, regardless of its nature.
14.4 Limitation of Liability Related to Products and Services
Chizu Sakamoto’s liability related to the Products and/or Services purchased on the Site is limited to the price of the concerned Products and Services. Any other damage, direct or indirect, including but not limited to, loss of opportunities, moral damage, loss of time, and income, cannot be compensated by Chizu Sakamoto.
14.5 Actions of a Third Party or User Fault
Chizu Sakamoto’s liability under the obligations of these GTC cannot be engaged in cases where the failure to perform its obligations is attributable to the act of a third party, even if foreseeable, to the fault of the User, or to the occurrence of an event of force majeure or fortuitous event that would impede or delay their execution. Some Services require the Client to accept the terms of use and the personal data policy of third-party platforms, such as Facebook. Chizu Sakamoto cannot be held responsible for any direct or indirect damage resulting from the exclusion and/or suspension or deletion of the account or more generally the access to third-party services, including the suspension of the Client’s Facebook account by this social network, particularly in case of violation of its terms of use (https://fr-fr.facebook.com/terms).
14.6 No Guarantee on the Results of Services
Chizu Sakamoto makes its best efforts to provide quality Services tailored to the Client’s needs. However, it cannot guarantee the results of the proposed Services as they particularly depend on the Client’s involvement, personality, and psychology. The same applies to the information provided on its site, emails, and digital products as they do not replace the advice of a lawyer, tax expert, accountant, or any other relevant business management expert. The term « care » used on the Site should be understood in the context of personal development services and does not correspond in any way to medical acts, diagnoses, or medical consultations. The Client remains solely responsible for their physical and psychological health and for consulting professionals with the necessary titles and skills.
14.7 Force Majeure
Chizu Sakamoto will inform the User of an event of force majeure within seven (7) days of its occurrence.
Cases of force majeure suspend Chizu Sakamoto’s obligations provided in the GTC or the Contract for the entire duration of their existence.
Thus, in case of non-performance of one of the obligations provided in the Contract or the GTC, Chizu Sakamoto will not be considered at fault or held liable if the performance of the obligation was made impossible by an event of force majeure as understood by the applicable jurisprudence and Article 1218 of the Civil Code.
ARTICLE 15. CONFIDENTIALITY
Chizu Sakamoto processes the personal information entrusted by Users confidentially in accordance with the Personal Data Policy.
ARTICLE 16. CLAIMS
Any claim made by a User must be addressed to Chizu Sakamoto at the contact details below and must indicate « claim » in the subject line, regardless of its form (email or mail, etc.).
Claims should be addressed by email to the following email address:
bienvenue-a-chizusakamoto.com
Or by mail to:
Madame Chizu Sakamoto
78, avenue des Champs Elysées, bureau 562 – 75008 Paris
ARTICLE 17. RIGHT OF WITHDRAWAL – CANCELLATION
Cancellation for Products
The Client has a right of withdrawal which they can exercise within fifteen (15) days from the receipt of the Products, without having to justify any particular reason.
Following the withdrawal, the full price paid, except for delivery costs, will be refunded using the payment method used by the Client, no later than fourteen (14) days following the receipt by Chizu Sakamoto of the returned Product(s). However, the refund may be canceled or delayed if the Products have been damaged.
The Products must be returned in their original packaging and must not have been damaged by the Client.
The original label must also be present on the Product, which must not have been worn other than for the necessity of trying it on and must not have been washed.
Return costs are borne by the Client, and the Products should be returned to the following address:
Madame Chizu Sakamoto
78, avenue des Champs Elysées, bureau 562 – 75008 Paris
The refund is conditioned upon the effective receipt of the Products in perfect condition. It is recommended that the Client ensures proof of the effective return of the Product(s) by choosing a tracked shipping method. Otherwise, the Client may face refusal by postal services to conduct an investigation to locate the package containing the returned Product(s).
The Client returns the Products at their own risk. Chizu Sakamoto cannot be held responsible for any damage resulting from a delivery problem affecting the returned Products (loss, theft, damage) as it is not the sender.
Cancellation for Services
The Client has a right of withdrawal which they can exercise within fifteen (15) days from the conclusion of the Contract, without having to justify any particular reason.
If the Client wishes to access a Service or digital content before the expiration of the withdrawal period, they must check the box « I waive my right of withdrawal to access the good or service immediately without waiting for the expiration of the legal withdrawal period. »
Form of Cancellation
The User can notify their decision to Chizu Sakamoto by registered mail with acknowledgment of receipt or by email, using the withdrawal form attached to these terms. They will specify « Withdrawal » in the subject line and address their mail to the following address:
Madame Chizu Sakamoto
78, avenue des Champs Elysées, bureau 562 – 75008 Paris
Or to the following email address: bienvenue-a-chizusakamoto.com
ARTICLE 18. MISCELLANEOUS
18.1 Severability
If one or more provisions of the GTC or the Contract are held to be invalid by a law or regulation, or declared as such by a final decision of a competent court, they will be deemed unwritten, and the other provisions will retain their full force and effect, unless the invalidity affects an essential provision of the GTC or the Contract.
18.2 Interpretation
The titles given to the articles and subsections are for indicative purposes only and cannot be used to interpret the provisions of the GTC or the Contract.
ARTICLE 19. APPLICABLE LAW
These general conditions are subject to French law. In case of translation of these GTC, only the French version will be authentic.
However, in accordance with Article 6 §2 of the Rome I Regulation, individuals residing within the European Union may benefit from any more protective and mandatory provisions of their national law.
Note: this text was translated from our page: https://chizusakamoto.com/conditions-generales-de-vente-mentions-legales.