General Terms and Conditions of Sale

1. Purpose and general provisions

These general terms and conditions of sale apply, without limitation or reservation, to all sales concluded by NATSUKO TOYOFUKU of Toyofuku Natsuko (the ‘Seller’) to non-professional consumer purchasers (the ‘Customers’ or the ‘Customer’), who wish to purchase the products offered for sale by the Seller (the ‘Products’) on the website www.natsukotoyofuku.com (the ‘Website’).

In particular, they specify the conditions of order, payment, delivery and management of any return of Products ordered by the Customers.

These General Terms and Conditions of Sale may be supplemented by special conditions, set out on the Website, prior to each transaction with the Customer.

These General Terms and Conditions of Sale apply to the exclusion of all other conditions, in particular those applicable to sales in shops through other distribution and marketing channels.

They are accessible at all times on the Website and shall prevail, where applicable, over any other version.

These General Terms and Conditions of Sale may be subject to subsequent amendments, the version applicable to the Customer’s purchase being the one in force on the Website on the date the order is placed.

Amendments to these General Terms and Conditions of Sale are binding on users of the Website from the moment they are put online and cannot be applied to transactions concluded previously.

The Privacy Policy (including the Cookie Policy) explains how your personal data is used. If changes are made to these General Terms and Conditions of Sale, they are binding for users of the Website from the moment they are put online and cannot be applied to transactions concluded previously.

2. Seller’s contact details

For any information concerning online purchases via the Website or related matters, the Customer may write at any time to shop@natsukotoyofuku.com or use the contact form on the Website on the ‘Contact’ page.

The contact details of the Seller are as follows:

Company name: NATSUKO TOYOFUKU DI TOYOFUKU NATSUKO

Head office address: Corso Como 9

Postal Code: 20154

City: Milan, Italy

E-mail address: shop@natsukotoyofuku.com

In accordance with the Data Protection Act of 6 January 1978, as reinforced and supplemented in the GDPR (General Data Protection Regulation) which came into force on 25 May 2018, the Customer has, at any time, the right to withdraw, rectify, oppose, delete or transfer all of his or her personal data by writing, by post and stating his or her identity, to the Seller’s address, indicated above.

Validation of the order by the Customer constitutes acceptance without restriction or reservation of these General Terms and Conditions of Sale.

The Customer acknowledges that he/she has the necessary capacity to contract and purchase the Products offered on the Website.

3. Product Information and Availability

Specific pages for each Product are available on the Website, where the model, the main characteristics of the Product, its availability and price are indicated. Any changes to the information on the Products on the Website shall apply only to orders not yet confirmed by Natsuko Toyofuku on the date of the change.

The main features of the Products, including specifications, images and care instructions, are available on the Website. However, Natsuko Toyofuku cannot guarantee that the Products correspond exactly to the images, in particular with regard to colours and shades, due to differences in the technical characteristics and resolution of the devices used by the Customers. In the event of discrepancies between the image and the Product received, the description provided of the Product shall prevail.

The Seller undertakes to regularly check the General Terms and Conditions of Sale, the information on the Products available on the Website, their prices and characteristics, but errors or inaccuracies may occur. For example, a Product that appears to be available may be out of stock due to simultaneous orders from other customers and delivery times may change depending on the production of the Product.

In such cases, the Seller will immediately contact the Customer to report the error, inaccuracy or unavailability of the product. The Customer will then be asked to confirm the order if it is possible to restock or extend the delivery time (in which case the new delivery time will be communicated). Alternatively, the Customer may choose a different product of equal or greater value, paying the difference if necessary in the case of a product of greater value.

If there is no explicit authorisation from the Customer, the order may be cancelled and any amount charged will be refunded promptly, and in any case within ten working days.

3.1 Prices

All prices on the Website are in Euro (or the different local currency in some countries) and include VAT.

Prices, discounts and technical characteristics of articles may vary even without notice due to changes in our suppliers’ price lists or currency exchange rates, so it is the customer’s responsibility to keep up to date with them by consulting the Website pages.

Shipping costs depend on the geographical destination of the order and will be calculated and indicated, also together with any other locally applicable taxes or duties and the total purchase price, before the order is transmitted on the checkout page, and will be confirmed in the order confirmation and invoice, if requested.

In the event of delivery outside the European Union, the total price of the Product indicated on the checkout page is reiterated in the order confirmation and invoice is net of any customs clearance costs, which the Customer shall pay upon delivery in accordance with the provisions of the law of the country of destination of the Product.

3.2 Payment Methods

Payments may be made by the method selected from those indicated as available when placing the order. We accept payment by Visa, CB, Mastercard, American Express, Paypal, ApplePay, Klarna.

Please note that the credit card issuer or bank may apply additional charges and/or currency exchange, if any, which are outside the Seller’s responsibility and shall remain the responsibility of the Customer.

Natsuko Toyofuku reserves the right to verify the success of the payment procedure carried out before confirming the order and shipping the Product. In the event that the credit card issuer or the payment service provider (e.g. PayPal) refuses or does not authorise payment for any reason whatsoever, the order will not be processed and Natsuko Toyofuku cannot be held responsible in any way. In this case, the Customer is invited to contact the Seller to resolve the problem.

4. Orders and Accounts

It is up to the Customer to select the products he/she wishes to order on the Website.

The Customer, while browsing on the Website, can select the Products that will then be placed in his/her virtual shopping cart. He/she may then access the summary of his/her virtual cart to confirm the Products he/she wishes to order by activating the ‘view cart’ function and place the Order by selecting the ‘confirm order’ function.

Registration on the Website is not mandatory to place an Order. However, after placing the order, an account will be automatically generated on the Website in the name of the Customer, whose details will be communicated by e-mail after the order is placed, along with a temporary password.

The Customer must necessarily provide a valid address, delivery method and payment method in order to finalise the Order and effectively form the sales contract between him/her and the Seller. Completion of the Order implies acceptance of the prices of the Products sold as well as the payment terms indicated on the Website. The Seller cannot be held liable for errors in the information entered by the Customer, nor for their possible consequences in terms of delay or error in delivery.

Contractual information is subject to confirmation at the latest upon validation of the order by the Customer.

The Customer has the opportunity to check the details of his/her order, its total price and to correct any errors before confirming his/her acceptance. This validation implies acceptance of all the present General Terms and Conditions of Sale and constitutes proof of the contract of sale.

Once the Order has been placed, the Customer will receive a confirmation by e-mail. This confirmation will summarise the order and the relevant delivery information.

Sending an order constitutes the conclusion of a remote sales contract between the Seller and the Customer. The sale shall not be considered final until the Seller has received the full price due from the Customer.

The Vendor reserves the right to suspend, cancel or refuse any order from a Customer, whatever its nature in terms of execution, in the event of partial non-payment of any sum that may be due from the Customer, in the event of a payment incident or in the event of fraud or attempted fraud relating to the use of the Website or with whom there is a dispute relating to the payment of a previous order.

If the customer wishes to receive an invoice for the ordered goods, he/she must make an explicit request by fully and correctly indicating all details (VAT number or tax code, complete personal data) by writing an e-mail to shop@natsukotoyofuku.com.

Sales of goods made through the Internet are treated in the same way as mail order sales and, therefore, the provision contained in Article 2(oo) of Presidential Decree No. 696 of 21.12.1996, which provides for exemption from the obligation to issue a receipt or a fiscal receipt, is applicable to such sales.

Cancelling an order

Without prejudice to the provisions on cancellation, it is possible to cancel orders that have not yet been processed (indicated by the status ‘in processing’ or ‘awaiting payment’) by contacting Customer Service by e-mail at shop@natsukotoyofuku.com 

It is not possible to cancel an order once the shipping process has begun.

In the event that, at the time of cancellation of an order, the corresponding payment has already been made, it will be necessary to contact Customer Services to proceed with the refund procedure.

5. Product Delivery

The Products ordered will be delivered using the method selected by the Customer from those indicated as available at the time of placing the order based on the delivery location indicated.

The Products may be delivered by international shipment. The Website is accessible from anywhere in the world.

Delivery times and costs of Products depend on the delivery method and destination as indicated in the ‘Shipping’ section of the Website: the delivery times indicated do not include processing times for personalised/Custom Products or for any customs clearance in case of shipment outside the European Union.

Natsuko Toyofuku reserves the right to change costs and delivery periods at any time, but such changes will have no effect on previously confirmed orders.

In Italy, products may be picked up from the atelier located at Corso Como 9, Milan. It will be possible to collect a purchase up to 14 days after receipt of the e-mail informing the Customer that the Product is available for collection, after which time – except in the case of a personalised Product – the Seller may cancel the order and refund the amount paid.

The delivery times indicated on the Website are merely for guidance and are not binding for Natsuko Toyofuku, as they depend on third parties unrelated to Natsuko Toyofuku, and may be subject to variation. Without prejudice to the foregoing, the Seller undertakes to do its utmost to deliver the Products without undue delay and, in any case, within 30 (thirty) days from the date of order confirmation or, for personalised Products, from the date we inform you that your order has been shipped.

In the event that delivery of the Products does not take place, for whatever reason, within this period or within the additional period appropriate to the circumstances indicated by you after the expiry of the first period, you may terminate the purchase contract and any sums already paid shall be refunded to you.

The Customer is obliged to check the condition of Products delivered. He/she has a period of fifteen days from delivery to formulate in writing any reservations or claims for non-conformity or apparent defect of the Products delivered (e.g. damaged, already opened parcel, etc.), including all relevant supporting documents (photos in particular).

Upon expiry of that period and in the absence of such formalities, the products shall be deemed to be in conformity and free of any apparent defects, and no claim may be validly accepted by the Seller.

The Seller shall reimburse or replace, as soon as possible and at its own expense, any products delivered for which the lack of conformity or apparent hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L. 217-4 et seq. of the Consumer Code and those provided for in these General Terms and Conditions of Sale (see guarantees, in particular).

An e-mail will be sent to inform the Customer that the Product has been delivered to the carrier/shipper or is available for collection in the shop. The Customer will also be promptly informed in the event that the Product cannot be shipped due to the fact that the shipping address to be provided is non-existent or incomplete. In this case, please contact Customer Service to resolve the problem.

6. Force majeure

The parties cannot be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure within the meaning of Article 1218 of the Civil Code.

7. Seller’s Liability – Warranty

The Products sold on the Website comply with the regulations in force in Italy and fulfil the requirements of non-professional use.

Products supplied by the Seller automatically benefit from the legal guarantee of conformity, with no additional payment, regardless of the right of return, in accordance with the provisions of the law, for Products that are apparently defective, damaged or do not correspond to the order.

Products supplied by the Seller also benefit from the legal guarantee against hidden defects arising from a material, design or manufacturing defect affecting the delivered products and rendering them unserviceable for use.

Please note that under the legal guarantee of conformity, the Customer:

• has a period of two years from delivery of the goods to take action against the Seller;
• may choose between repair or replacement of the ordered Product, under the cost conditions provided for in Article L. 217-9 of the Consumer Code;

The legal warranty of conformity applies independently of the commercial warranty that may cover the Product.

The Customer may decide to avail him/herself of the guarantee against hidden defects in the Products pursuant to Article 1641 of the Civil Code, in which case he/she may choose between termination of the sale or reduction of the sale price pursuant to Article 1644 of the Civil Code.

In order to assert his rights, the Customer shall inform the Seller, in writing, of the non-conformity of the Products within a maximum period of two years from the delivery of the Products or from the discovery of hidden defects within the aforementioned terms, and return the defective Products in the state in which they were received, complete with all components (accessories, packaging, etc.).

The Seller shall refund, replace or have repaired any Products or parts under warranty that are found to be non-conforming or defective.

Shipping costs will be reimbursed on the basis of the invoiced price and return costs will be reimbursed upon presentation of supporting documents.

Refunds for Products deemed non-conforming or defective shall be made as soon as possible and in any event within thirty days of the Seller’s discovery of the conformity defect or hidden defect.

The refund will be made by crediting the bank account used at the time of purchase.

The Seller’s liability cannot be imputed in the following cases:

• non-compliance with the legislation of the country to which the products are delivered, which is up to the Customer to verify;
• in the event of misuse, use for professional purposes, negligence or lack of maintenance by the Customer, such as normal wear and tear of the Product, accident or force majeure.

The Seller’s warranty is, in any case, limited to the replacement or refund of Products that do not conform or are affected by a defect.

8. Right of return – Change of size/colour or product

Natsuko Toyofuku informs Customers that once a Product has been purchased on the Website, except as specified for Custom or personalised Products, the Customer may withdraw from the contract, without having to give any reason and without any penalty, within a period of fourteen days from the day on which the Product ordered was delivered. Withdrawal may be exercised in relation to all or only part of the Products purchased.

The right of return can be exercised online by writing to the e-mail address: shop@natsukotoyofuku.com 

The Products must be returned in the same condition in which they were delivered, undamaged, unused or altered and in a normal state of preservation, packed in the original packaging and complete with every component or accessory contained therein. 

The Customer shall be liable for any reduction in the value of the Product resulting from any handling of the Product other than that necessary to establish its nature, characteristics and functioning (such as, for example, if the Product is not complete in all its parts or shows signs of wear and tear, abrasions, nicks, scratches or deformations), in which case the Customer shall be entitled to a refund of the amount paid for the purchase equal to the residual value.

If the right of return is exercised within the aforementioned period, only the price of the Product(s) purchased shall be reimbursed; the return costs shall be borne by the Customer.

Reimbursement will be made upon receipt of the package, once confirmed that it is in good condition.

Products must be sent to the following address with all the following information:

Natsuko Toyofuku

Corso Como, 9

20154 Milano, Italy

tel. +390236575905

e-mail shop@natsukotoyofuku.com 

It is essential to leave a copy of the purchase order and invoice in the parcel so that the parcel can be identified.

9. Personalised and Custom Products – Exclusion of the right of withdrawal

A personalised Product is distinguished by the presence of details chosen by the purchaser such as, but not limited to, dedications, dates, anniversaries, or symbols.

It takes an average of twenty-one working days to produce a personalised or Custom Product, but actual times vary depending on the model and personalisation. The production time will be indicated at the moment of personalisation.

Natsuko Toyofuku informs Customers that for personalised Products the right of return is excluded. Furthermore, personalised Products will not be exchanged.

10. Intellectual Property Rights

The Website and the material it contains are protected by intellectual and industrial property rights.

It is expressly forbidden to reproduce or publish even part of the logo, images, text, graphics, names, designations and models. The trademarks and logos on the Website are the property of Natsuko Toyofuku and/or their legitimate owners (our suppliers). They may not be used by anyone other than the Website www.natsukotoyofuku.com.

The name ‘Natsuko Toyofuku’ and any trademark including the trademark Natsuko Toyofuku may not be used as internet addresses of other Websites, or parts of such addresses, without the prior written consent of Natsuko Toyofuku.

11. Personal data

Pursuant to Act No. 78 17 of 6 January 1978 amended by Act No. 2018-493 of 20 June 2018, we remind you that the personal data requested from the Customer is necessary to process his/her order and issue invoices.

Such data may be communicated to any of the Seller’s partners responsible for the execution, processing, management and payment of orders.

Processing of information communicated via the Website meets the legal requirements for the protection of personal data, the information system used guarantees optimal protection of this data.

In accordance with the national and European legislation in force, the Customer has a permanent right of access, modification, rectification, opposition, portability and restriction of processing with regard to information concerning him/her.

This right may be exercised under the conditions and in the manner defined on the Website.

12. Languages

The languages available for the conclusion of the contract for the purchase of Products on the Website are Italian and English.

13. Jurisdiction and competent court

All disputes relating to the application, execution, interpretation and breach of purchase contracts concluded online via the Website www.natsukotoyofuku.com are subject to Italian jurisdiction.

Any disputes between the parties concerning the application, execution, interpretation and breach of the contract shall fall under the exclusive jurisdiction of the Court of Milan (MI).

14. Pre-contractual information

Pre-contractual disclosures must relate to the essential characteristics of the good or service, taking into account the medium of communication used and the good or service concerned (Consumer Code Art. L 111-1 1st).

The fact of a natural person (or legal entity) placing an order on the Website implies full and complete acceptance of these General Terms and Conditions of Sale and the obligation to pay for the Products ordered, which is expressly acknowledged by the Customer, who waives, in particular, the right to avail himself of any contradictory documents, which would be unenforceable against the Seller.

15. Deactivation of Customer account

In the event of non-compliance with the obligations arising from acceptance of these General Terms and Conditions of Sale, incidents of payment of the price of an Order, delivery of incorrect information during the creation of a Customer account or acts likely to harm the Company’s interests, the Seller reserves the right to suspend access to the service or, depending on the seriousness of the acts, to close the Customer’s account. The Company also reserves the right to refuse to conclude a contract with a Customer who has been excluded or sanctioned for such acts.