Terms of service

GENERAL TERMS AND CONDITIONS for consumer transactions JAPANTKY B.V.

Article   1 - Definitions

Article   2 - Identity of the entrepreneur

Article   3 - Applicability

Article   4 - The offer

Article   5 - The agreement

Article   6 - Right of withdrawal

Article   7 - Obligations of the consumer during the withdrawal period

Article   8 - Exercise of the right of withdrawal by the consumer and costs thereof

Article   9 - Obligations of the operator at withdrawal

Article 10 - The price

Article 11 - Performance and additional warranty

Article 12 - Delivery and execution

Article 13 - Payment

Article 14 - Complaint Procedure

Article 15 - Additional or different provisions

 

Article 1 - Definitions

In these terms and conditions the following definitions apply:

  1. Ancillary contract: a contract whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these items, digital content and/or services are supplied by the trader or by a third party on the basis of an arrangement between that third party and the trader;
  2. Reflection period: the period within which the consumer can exercise his right of withdrawal;
  3. Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession;
  4. Day: calendar day;
  5. Digital content: data produced and delivered in digital form;
  6. Durable data carrier: any device - including e-mail - that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation or use for a period of time appropriate to the purpose for which the information is intended, and that allows unaltered reproduction of the stored information;
  7. Right of withdrawal: the consumer's option to waive the distance contract within the cooling-off period;
  8. Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services to consumers at a distance;
  9. Distance contract: a contract concluded between the trader and the consumer under an organized system for the distance sale of products, digital content and/or services, in which, up to and including the conclusion of the contract, exclusive or joint use is made of one or more techniques for distance communication;
  10. Model withdrawal form: the European model withdrawal form, to be downloaded here; https://www.eccnederland.nl/sites/default/files/images/publications/Model_withdrawal_form_0.pdf
  11. Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having to be together in the same room at the same time.

 Article 2 - Identity of the entrepreneur

      Name of Entrepreneur JapanTKY B.V.

      Business address Leidsevaartweg 1, 2106 NA Heemstede The Netherlands

      Telephone number +31 6 455 86 525 (Mon-Fri: 09:00h-17:00h)

      E-mail address support@japantky.com

      Chamber of Commerce 80890458

      VAT number NL861840318B01

Article 3 - Applicability

  1. These general conditions apply to every offer of the entrepreneur and to every distance contract concluded between entrepreneur and consumer.
  2. The text of these general terms and conditions is made available to the consumer on the website of the entrepreneur.

Article 4 - The offer

  1. If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer.
  2. The offer contains a complete and accurate description of the products or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true reflection of the products, services and / or digital content offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
  3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.

Article 5 - The Agreement

  1. The agreement comes into effect, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfillment of the conditions thereby set.
  2. If the consumer has accepted the offer digitally, the trader will immediately confirm receipt of acceptance of the offer digitally. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the contract.
  3. If the agreement is concluded digitally, the entrepreneur will take appropriate technical and organizational measures to protect the digital transfer of data and ensure a secure web environment. If the consumer can pay digitally, the entrepreneur will take appropriate security measures.
  4. The entrepreneur may within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation, while giving reasons.
  5. The trader will send the consumer the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier, at the latest on delivery of the product, service or digital content:
  6. the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
  7. the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
  8. the information on guarantees and existing after-sales service;
  9. the price including all taxes of the product, service or digital content; where applicable, the cost of delivery; and the method of payment, delivery or performance of the distance contract; the requirements for terminating the contract;
  10. if the consumer has a right of withdrawal, the model withdrawal form.

Article 6 - Right of withdrawal

  1. The consumer can dissolve an agreement regarding the purchase of a product during a reflection period of at least 30 days without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but may not oblige the consumer to give his reason(s).
  2. The withdrawal period referred to in paragraph 1 starts the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, has received the product, or:
  3. if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The trader may, provided he has clearly informed the consumer of this prior to the ordering process, refuse an order for multiple products with different delivery times.
  4. if the delivery of a product consists of different shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or part.

Article 7 - Obligations of the consumer during the reflection period

  1. During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
  2. The consumer is only liable for devaluation of the product resulting from a way of handling the product that goes beyond what is permitted in paragraph 1.
  3. The consumer is not liable for devaluation of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the contract.

Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof

  1. If the consumer exercises his right of withdrawal, he shall notify the entrepreneur within the withdrawal period by means of the model withdrawal form or in another unambiguous manner.
  2. As soon as possible, but within 30 days from the day following the notification referred to in paragraph 1, the consumer returns the product, or hands it to (an authorized representative of) the entrepreneur. This is not required if the entrepreneur has offered to pick up the product himself. The consumer has observed the return period in any case if he returns the product before the reflection period has expired.
  3. The consumer returns the product with all delivered accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
  4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
  5. The consumer shall bear the direct costs of returning the product. If the entrepreneur has not notified the consumer that the consumer has to bear these costs or if the entrepreneur indicates to bear the costs himself, the consumer does not have to bear the costs of return shipment.
  6. If the consumer makes use of his right of withdrawal, all additional contracts are dissolved by operation of law.

Article 9 - Obligations of the entrepreneur in case of withdrawal

  1. If the trader enables the consumer's notification of withdrawal by digital means, he shall send a confirmation of receipt without delay after receiving this notification.
  2. The entrepreneur reimburses all payments of the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to pick up the product himself, he may wait with refunding until he has received the product or until the consumer proves that he has returned the product, whichever is earlier.
  3. For repayment, the entrepreneur uses the same means of payment that the consumer has used, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
  4. If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to refund the additional costs for the more expensive method

Article 10 - The Price

  1. During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
  2. The prices mentioned in the offer of products or services include VAT.

Article 11 - Compliance with the agreement and additional guarantee

  1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of reliability and/or usability and the existing legal provisions and/or government regulations on the date the agreement was concluded.
  2. An additional guarantee provided by the Entrepreneur, its supplier, manufacturer or importer never limits the legal rights and claims that the Consumer may assert against the Entrepreneur on the basis of the contract if the Entrepreneur has failed to fulfill his part of the contract.
  3. Extra warranty means any commitment by the entrepreneur, his supplier or manufacturer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do in case he has failed to fulfill his part of the agreement.

Article 12 - Delivery and execution

  1. The entrepreneur will take the greatest possible care when receiving and executing orders of products and when evaluating applications.
  2. The place of delivery is the address that the consumer has provided the entrepreneur.
  3. Subject to what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with convenient speed but at the latest within 3 working days, unless another delivery period has been agreed. If delivery is delayed, or if an order cannot or can only be partially carried out, the consumer will be informed about this within 10 days after the order was placed. In that case, the consumer has the right to dissolve the agreement without cost.
  4. After dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer without delay.
  5. The risk of damage and / or loss of products rests with the entrepreneur until the time of delivery to the consumer or a previously designated and announced to the entrepreneur representative, unless otherwise expressly agreed.

Article 13 - Payment

  1. Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer should be paid at the conclusion of the agreement. The consumer cannot assert any rights regarding the execution of the order or service(s) in question before the stipulated payment has been made.
  2. The consumer has the duty to immediately report inaccuracies in payment data provided or mentioned to the entrepreneur.

Article 14 - Complaints procedure

  1. Complaints about the implementation of the agreement must be submitted to the entrepreneur within a reasonable time after the consumer has found the defects, fully and clearly described.
  2. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.

Article 15 - Additional or different provisions

Additional or different provisions of these general conditions may not be to the detriment of the consumer and should be recorded in writing or in such a way that the consumer in an accessible way to be stored on a durable medium.