Conditions générales
General Terms and Conditions of Sale (GTC)
§ 1 Scope and Contracting Party
(1) These General Terms and Conditions of Sale (hereinafter referred to as "GTC") apply to all contracts for the purchase of goods concluded via the online shop at https://theyamazakihome-europe.com between
Yamazaki Europe GmbH
Immermannstr. 33
40210 Düsseldorf
Germany
Phone: +49 (0)211 9022 3138
Email: eu-info@theyamazaki-eu.com
Local Court of Düsseldorf (Amtsgericht Düsseldorf), HRB 78951
(hereinafter referred to as "Yamazaki" or "we") and the customer.
(2) Customers may be either consumers or business customers. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or self-employed professional activity. A business customer is a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the exercise of its trade, business or self-employed professional activity.
(3) Any differing terms and conditions of a business customer shall apply only if we have expressly agreed to them.
§ 2 Orders and Conclusion of Contract
(1) The presentation and advertising of goods in our online shop do not constitute a binding offer to conclude a purchase contract.
(2) By clicking the "Buy now" button to order the goods, you submit a binding offer to purchase the goods contained in your shopping cart.
(3) After receiving your order, we will send you an order confirmation by email without undue delay. The purchase contract for the goods listed in the order confirmation is concluded when you receive that confirmation.
§ 3 Correction of Input Errors, Contract Text and Contract Language
(1) Before placing your order, you can review the goods in your shopping cart and the information you have entered during the ordering process, and make changes or corrections using the functions provided for this purpose.
(2) We do not store the contract text for you, and it cannot be accessed via our online shop after conclusion of the contract. You can access your order details via the order status page or your customer account. Together with the order confirmation, we will also provide you with the contractual documents relevant to the contract, including these GTC, the Instructions on Withdrawal and the Model Withdrawal Form, on a durable medium.
(3) The contract language is exclusively German. The availability of the online shop, the ordering process or these GTC in other languages does not establish any additional contract language. If these GTC are made available in other languages, the German version shall prevail in the event of any discrepancies.
§ 4 Right of Withdrawal
Consumers have the statutory right of withdrawal in accordance with the following Instructions on Withdrawal.
Instructions on Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day:
a) on which you or a third party designated by you, other than the carrier, takes possession of the goods, if you have ordered one or more goods as part of a single order and the goods are delivered together; or
b) on which you or a third party designated by you, other than the carrier, takes possession of the last good, if you have ordered several goods as part of a single order and the goods are delivered separately; or
c) on which you or a third party designated by you, other than the carrier, takes possession of the last lot or piece, if you have ordered goods that are delivered in several partial deliveries or pieces.
To exercise your right of withdrawal, you must inform us:
Yamazaki Europe GmbH
Immermannstr. 33
40210 Düsseldorf
Germany
Phone: +49-(0)211-9022-3138
Email: eu-info@theyamazaki-eu.com
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or an email). You may use the attached Model Withdrawal Form, but this is not mandatory.
You can also exercise your right of withdrawal online via the "Vertrag widerrufen" ("Withdraw from contract") link in the footer of our website. If you use this online function, we will send you an acknowledgement of receipt without undue delay on a durable medium (e.g. by email), stating the content of your withdrawal declaration and the date and time it was received.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of your right of withdrawal before the withdrawal period has expired.
Effects of Withdrawal
If you withdraw from this contract, we will reimburse all payments received from you, including delivery costs (except for any additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and no later than fourteen days from the day on which we receive notification of your withdrawal from this contract.
We will make the reimbursement using the same means of payment that you used for the original transaction, unless you have expressly agreed otherwise. In no event will you incur any fees as a result of this reimbursement.
We may withhold reimbursement until we have received the goods back or you have provided evidence that you have sent back the goods, whichever occurs first.
You must return or hand over the goods without undue delay and in any event no later than fourteen days from the day on which you inform us of your withdrawal from this contract, to:
Yamazaki Europe GmbH
Immermannstr. 33
40210 Düsseldorf
Germany
The deadline is met if you send the goods before the fourteen-day period has expired.
You bear the direct costs of returning the goods.
By way of exception, we will bear the direct costs of returning the goods if you withdraw from the contract before you have received the shipping confirmation containing the tracking number for the relevant goods and the shipment can no longer be stopped.
You are only liable for any loss in value of the goods resulting from handling the goods other than what is necessary to establish their nature, characteristics and functioning.
End of Instructions on Withdrawal
§ 4a Returns from the United Kingdom
For returns from the United Kingdom, we will provide you with a prepaid return label. If you use this return label and are required under applicable law to bear the direct costs of returning the goods, the cost of the return label will be deducted from the amount to be refunded.
No deduction will be made for defective, damaged or incorrectly delivered goods to the extent that we are required under applicable law to bear the return shipping costs.
§ 5 Delivery
(1) We deliver to the delivery areas specified in our online shop. Information on delivery areas and general delivery restrictions can be found under "Shipping & Delivery". We do not deliver to P.O. box addresses.
(2) The delivery time applicable to each order is stated under "Shipping & Delivery" and, where applicable, on the product page or at checkout.
(3) Partial deliveries are permitted insofar as they are reasonable for the customer.
(4) The customer must provide a complete and deliverable shipping address. If delivery fails for reasons attributable to the customer, in particular due to an incorrect or incomplete shipping address, failure to collect the goods or an unjustified refusal to accept delivery, we may charge the reasonable additional costs actually incurred as a result. The customer's statutory rights, in particular the right of withdrawal, remain unaffected. In the event of withdrawal, responsibility for return shipping costs is governed by the Instructions on Withdrawal.
§ 6 Prices and Payment
(1) The prices stated in the online shop are total prices inclusive of the applicable statutory value-added tax (VAT) and all other price components. Any additional shipping costs and shipping surcharges for large or heavy goods will be displayed at checkout before the order is placed. Further information on shipping costs can be found under "Shipping & Delivery". Item-specific shipping surcharges are also indicated on the respective product page.
(2) The payment methods generally accepted by us are indicated in the online shop. The payment methods available for your specific order will be displayed at checkout.
(3) The purchase price, including any applicable shipping costs and shipping surcharges, becomes due upon conclusion of the contract in accordance with § 2(3), unless otherwise specified for the selected payment method. Payment is processed in accordance with the payment method selected at checkout.
§ 7 Retention of Title
The goods delivered remain our property until the purchase price has been paid in full.
§ 8 Statutory Warranty Rights and Guarantees
(1) The statutory provisions apply to defects in the goods delivered.
(2) To enable us to process matters promptly, we ask customers to report any visible damage in transit, incorrect deliveries or missing parts as soon as possible and, where possible, to provide photos of the goods, the shipping box and the packaging. The customer's statutory rights remain unaffected.
(3) If the customer is a merchant and the purchase constitutes a commercial transaction for both parties, § 377 of the German Commercial Code (HGB) applies.
(4) Where we or a manufacturer provide a guarantee for goods, that guarantee applies in addition to the statutory warranty rights. The terms and scope of the guarantee are set out in the relevant guarantee statement.
§ 9 Applicable Law, Jurisdiction and Consumer Dispute Resolution
(1) The law of the Federal Republic of Germany applies, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). If the customer is a consumer whose habitual residence is in a country other than Germany, this choice of law does not deprive the consumer of the protection afforded by mandatory provisions of the law of that country from which derogation by agreement is not permitted.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, Düsseldorf shall be the exclusive place of jurisdiction for all disputes arising out of or in connection with the contractual relationship. For consumers, the statutory rules on jurisdiction apply.
(3) We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer dispute resolution body.