Terms and Conditions
GENERAL TERMS AND CONDITIONS
Article 1 Definitions
In these terms and conditions, the following terms shall have the following meanings:
1.1 General Terms and Conditions: these general terms and conditions.
1.2 Order procedure: the procedure that the customer goes through interactively on the Website to order Goods.
1.3 Customer: the counterpart of JapanTKY with whom JapanTKY enters into an Agreement.
1.4 Agreement: agreement, of which the General Terms and Conditions are an integral part, regarding the purchase and delivery of Goods.
1.5 Parties: JapanTKY and Customer together.
1.6 JapanTKY: JapanTKY is part of JapanTKY BV, the party that uses the General Terms and Conditions, also the other party of the Customer.
1.7 Website: the website of JapanTKY under the URL: www.JapanTKY-menswear.com.
1.8 Goods: clothing and accessories that JapanTKY offers on its Website, which can be ordered by the Customer.
Article 2 Applicability
2.1 The General Terms and Conditions are applicable to all Agreements, possible (e-mail) newsletters, the Website, the Order procedure and contacts and/or (legal) acts between the Parties, even when these (legal) acts do not lead to an Agreement.
2.2 Applicability of general delivery or payment terms and/or other general or special terms of the Customer is expressly excluded.
Article 3 Conclusion of the Agreement
3.1 The Goods offered on the Website with the corresponding prices are considered as an offer without engagement, which can be accepted by the Customer by going through and completing the entire Order procedure.
3.2 JapanTKY does not guarantee that the offer as referred to above is without errors and/or omissions. Therefore, printing and typographical errors are explicitly reserved and can be a reason not to conclude the Agreement. If JapanTKY decides to do so, it shall inform the Customer immediately.
3.3 If for any reason whatsoever, including the situation as referred to in the last sentence of the previous paragraph, the Agreement is not concluded, or is dissolved, JapanTKY shall ensure that - if the Customer has paid in advance - the amounts paid, including the initial shipping costs, will be refunded to the Customer as soon as possible. This refund will take place within 14 (fourteen) days.
Article 4 Prices and payment
4.1 Prices as mentioned on the Website are inclusive of VAT and other government levies. The prices are exclusive of shipping costs. These will be charged to the customer during the ordering process.
4.2 JapanTKY is entitled to change the prices at all times. The latter shall not affect ongoing Agreements that will be executed at the agreed prices in case of price increases.
4.3 The Customer can pay the amounts due in two ways:
a. by means of electronic payment; (iDeal)
b. by means of a credit card; (Mastercard and Visa)
c. by means of Mr. Cash. (Belgium)
4.4 The action conditions of special prices and/or free products with the purchase of another product, expire when the original conditions are no longer met or when a product is returned. The free product will then be charged to the Customer.
Article 5 Delivery period
5.1 The delivery times as mentioned on the Website and in confirmation e-mails are indicative.
5.2 JapanTKY shall make every effort to meet these indicative delivery dates.
5.3 If and to the extent JapanTKY cannot deliver the ordered Goods to the Customer within 30 (thirty) days, the Customer is entitled to cancel the Agreement after JapanTKY has notified the Customer that it cannot execute the Agreement within the stipulated period. Article 3.3 shall then apply accordingly.
Article 6 Right of withdrawal
6.1 The customer has the right to return the delivered Goods to JapanTKY within thirty (30) days after receipt, without giving a reason, provided that
a. the goods are returned in their original state, clean, with packing, tags and price indication
b. the goods are returned with a completed return form.
c. the Customer is responsible for the shipment and the risk of the parcel - and this responsibility and risk is hereby accepted by the Customer - until JapanTKY has received it.
6.2 Revocation is a resolutive condition that entitles the customer to a refund of all payments made. Article 3.3 shall apply accordingly.
Article 7 Complaints
7.1 If and insofar as, in the opinion of the Client, the characteristics of the Goods do not comply with the Agreement, the Client shall be entitled to return the Goods within thirty (30) days, provided that
a. the Client has completed the enclosed return form and has placed it with the return consignment
b. the Customer is responsible for the shipment and the risk of the parcel - and this responsibility and risk is hereby accepted by the Customer - until JapanTKY has received it. The customer will receive an e-mail upon receipt of the goods.
7.2 If after examination by JapanTKY it appears that the characteristics of the Goods comply with the Agreement, JapanTKY shall return the Goods at the Customer's expense.
7.3 If after examination by JapanTKY it appears that the characteristics of the Goods do not comply with the Agreement, the Customer is entitled to a replacement Good, provided that it is still available in another size or colour. If the Good is no longer available, the Client is entitled to a refund of the value of the Good, which shall be regarded as (partial) termination of the Agreement whereby the last sentence of article 3.3 shall apply accordingly.
7.4 Where in the preceding paragraph the value of the Good is mentioned, the price agreed upon in the Agreement shall be understood.
7.5 During the period referred to in article 6.1, the Customer may also make use of the right granted in that article. However, in case of a created return order via the site, the procedure as in this article is assumed.
Article 8 Processing personal data
8.1 If and as far as personal data of the Customer are processed, this processing only applies to:
a. to execute and enforce the Agreement; b. subject to the limitation of the following paragraph, to inform the Customer about (new) products and services of JapanTKY
8.2 JapanTKY shall ask the consent of the Customer during the Order procedure to send commercial communications to the Customer by electronic means (for example, but not limited to e-mail newsletters and SMS messages), and only if this consent is given by the Customer JapanTKY will send these communications.
8.3 The Customer is at all times entitled to inspect its personal data free of charge and, if so desired, JapanTKY can amend these data in case of inaccuracies.
Article 9 Applicable law, complaints and disputes
9.1 The Agreement and further resulting agreements are governed by Dutch law.
9.2 If and when there is a complaint, the Client shall contact JapanTKY, which contact may be in writing or electronically. The contact details that can be used for this purpose are mentioned at the top of these General Terms and Conditions. JapanTKY will respond to a complaint within 30 (thirty) days.
9.3 The Customer may - if and to the extent that the Parties cannot reach a joint solution - submit the dispute to a competent judge in Haarlem, including the Interim Injunction Judge of this District Court, doing justice in summary proceedings.
Article 10 Other provisions
10.1 JapanTKY is at all times authorized to amend these General Terms and Conditions. Current Agreements shall be performed under the old agreed conditions after amendment of the General Terms and Conditions.
10.2 If and to the extent JapanTKY has provided login data for the Order procedure, the Customer shall provide these data. These data are strictly personal and may under no circumstances be transferred. The customer is responsible for the consequences of careless handling of these data.