Conditions of Use
General Terms and Conditions
E-commerce Company:
Funky Japan UG (entrepreneurial company with limited liability)
Represented by the CEO Wenke Gillner
Holbeinstraße 14
D-04229 Leipzig
Germany
1. Right of Withdrawal
Provided that the Customer is a “Consumer” pursuant to section he/she has the right to revoke his/her contractual statement pursuant to section 312c and section 355 of the German Civil Code in accordance with the following instructions of withdrawal.
Instructions of Withdrawal
Right of Withdrawal
You are entitled to revoke your contractual statement within a period of 2 weeks in writing (e.g. letter, fax, e-mail) or – if the ordered goods have been given to you before the 2 week period has expired – by returning the goods without stating reasons.
The period begins after these instructions have been received in written form, but not before the goods have been received by the recipient (for repeating deliveries of the same goods, not before the reception of a partial delivery) and also not before we have fulfilled our information duties pursuant to section 246 subsection 2 of the German Civil Code in combination with section 1 subsections 1 and 2 EGBGB (Introductory Act to the German Civil Code) as well as our information duties pursuant to section 312e subsection 1 sentence 1 of the German Civil Code in connection with section 246 subsection 3 EGBGB (Introductory Act to the German Civil Code). In order to comply with the cancellation period, sending the request for cancellation or the received goods in a timely manner is sufficient.
The request for cancellation is to be addressed to:
E-commerce Company:
Funky Japan UG (entrepreneurial company with limited liability)
Represented by the CEO Wenke Gillner
Holbeinstraße 14
D-04229 Leipzig
Germany
Facsimile: +49 341.413.9208
E-mail: info@funkyjapan.com
URL: www.funkyjapan.com
Consequences of Withdrawal
In case of a valid withdrawal, all benefits received on both sides and resulting benefits if applicable (e.g. interest) have to be returned. If you are not able to return the received benefits wholly or partially or only in deteriorated condition, you are obliged to pay us a compensation for the value if necessary. In the case of goods surrendered this does not apply if the deterioration of the goods is brought about solely by a tryout thereof - such as would have been possible for you, e.g. in a retail shop. Incidentally, you can avoid your obligation to compensate any deterioration by not treating the goods as your property and by avoiding everything that negatively influences their value.
Transportable goods are to be returned on our risk. We will charge you for the return if the delivered goods are equivalent to the ordered goods and the purchase price of the returned goods does not exceed 40 euros or if the price of the returned goods exceeds 40 euros and you have not yet provided consideration or a partial payment in accordance with the contract at the time of the request of cancellation. Otherwise, the return shall be free of charge for you. Not transportable goods will be picked up by us. Obligations for reimbursements of payments have to be fulfilled within a period of 30 days. This period shall begin for you with the submission of the cancellation request or the goods in question and for us with the receipt of the same.
End of the Withdrawal Instructions
2. Scope of Application
2.1. The following General Terms and Conditions shall apply to all sales contracts concluded online between the Funky Japan UG (entrepreneurial company with limited liability),
represented by the CEO Wenke Gillner, Holbeinstraße 14, 04229 Leipzig, Germany
(hereinafter referred to as “The Vendor”, “we” or “us”) and their Customers. In each case the version of the General Terms and Conditions as amended at the time the contract is entered into shall prevail. The Vendor shall not recognise the application of any terms and conditions of the Customer which deviate from these Terms and Conditions unless the Vendor has
exclusively agreed to them in writing at the time of the conclusion of the contract.
2.2. For the purpose of these General Terms and Conditions, Customers are “Consumers“ pursuant to section 13 of the German Civil Code as well as “Business Consumers” pursuant to section 14 of the German Civil Code. A “Consumer” pursuant to section 13 of the German Civil Code is any individual entering into the contract for a purpose not related to his/her business, trade or self-employed professional activity. A “Business Consumer” pursuant to section 14 of the German Civil Code is whether an individual, company or partnership vested with legal capacity who/that enters into the relevant contract in the conduct of its business or its self-employed professional activity.
3. Conclusion of the Contract
All presentations of products in our online shop constitute a non-binding offer to the Customer to order goods. They rather constitute an invitation to the Customer to make a legally binding offer to the Vendor by placing an order. By placing an order for the desired goods in the online shop, the customer submits a binding offer to conclude a sales contract. By clicking on the “Send” button in the online shop, the Customer makes such a legally binding offer to purchase the relevant products contained in the shopping basket. Hereby, the Customer recognises the General Terms and Conditions of the Vendor as authoritative for the sales contract. The Vendor shall send a written confirmation of receipt to the Customer. This confirmation of receipt shall not constitute a binding acceptance of the order. The order shall be deemed to be accepted by the Vendor either upon expressly acceptance of the order or by dispatching the products to the Customer.
4. Prices, Shipping Costs, Modes of Payment and Delays in Payment
4.1. All prices are final prices (including statutory VAT), but are net of shipping costs which shall be charged separately depending on the weight, the size, the value of the goods and the shipping destination of the products.
4.2. We will deliver the goods after the receipt of payment on our bank account. We provide a worldwide delivery of the products according to the following conditions. All deliveries to destinations outside Germany may be subject to import additional costs (taxes, duties, fees and similar public charges) which shall be payable by the Customer in a particular case.
The shipping costs shall vary depending on the number of ordered products. A number of articles ordered at the same time can be dispatched in one delivery without extra charge, however, provided that these goods do not exceed possible weight limits or insurance sums.
4.3. An offer is made when the Customer places the offer for the products. After placing the order the Vendor will send a written order confirmation to the Customer, including these General Terms and Conditions. This confirmation shall include the terms and conditions of payment. We will provide the Customer a commercial invoice, including these General Terms and Conditions, with the delivery of the goods or via e-mail.
4.4. All payments shall only be made by advance payment, credit card or PayPal, stating the reference (order number) on the Vendor’s bank account which is provided in the confirmation e-mail. The Vendor shall retain the right to exclude certain modes of Payment after having evaluated the creditworthiness of the Customer by credit assessment.
4.5. If the Customer delays in payment, the Vendor shall be entitled to charge default interest at the rate of 5% above the actual discount rate of the German Central Bank. If the Customer is a “Business Costumer” pursuant to section 14 of the German Civil Code, the Vendor shall be entitled to charge default interest at the rate of 8% above the actual discount rate of the German Central Bank. Furthermore, the Vendor shall be entitled to charge a reminder fee of 5 euros. In the event that a higher damage (e.g. costs of legal proceedings) caused by delay results verifiably for the Vendor, he/she shall be entitled to claim this higher damage from the Customer.
5. Delivery, Costs of Return
5.1 We shall dispatch the goods prior to or on the date of delivery, as set out on the offer page when the Customer places the order; provided, however, that any such date of delivery shall be only approximate and may therefore be exceeded by up to two business days. The date of delivery is determined by the day of handover of the goods to our mail-order firm. In the event that there is not stated any date of delivery, the goods shall be dispatched within 10 business days at the latest. Any such time period relevant to determine the date of delivery shall begin upon receipt by us of the full purchase price (including VAT and shipping costs).
5.2. In the event that the products are not in stock at the time of your order, the relevant date of delivery pursuant to subsection 5.1 shall be extended by 2 working days but, however, no more than 3 weeks until delivery is made by our supplier. However, it is prerequisite for this extension of time that we reordered the respective goods without undue delay and that we are not responsible for the delay in delivery by our suppliers. In the event that the ordered goods are no longer available or cannot be timely delivered, we shall without undue delay inform the Customer thereof. If the goods are no longer available form our suppliers within the foreseeable future, we shall be entitled to terminate the sales contract. In case of any such termination, we shall without undue delay reimburse the Customer any payments which the Customer has made to us in respect of the order. The legal rights of the Customer resulting from late delivery shall remain unaffected by this provision; provided, however, that the Customer may claim damages only subject to the provisions of section 6 of these General Terms and Conditions.
5.3. The Customer must ensure that both his e-mail address and his delivery address are correct and current. The Vendor is entitled to charge the full additional shipping costs caused by providing an invalid delivery address by the Customer.
5.4 We offer 3 different types of shipping methods, EMS, Air Mail and Economy Air (SAL). The insurance and traceability of the goods are provided by EMS (Express Global Mail Service). The Vendor shall provide the Customer with the tracking number of the EMS which allows the Customer getting online information about shipping details of his/her order around the clock and any further delivery information on the date of shipment and the following working day. Air Mail and Economy Mail (SAL) unfortunately do not come with a tracking service and the goods are not insured.
Air Mail takes approximately 4-12 business days for delivery.
Air Mail is a standard shipping method provided by Japan post office, and it is available for sending packages all over the world.
Economy Mail (SAL) takes approximately 10-20 business days for delivery.
Economy Mail (SAL) is an economical shipping method provided by Japan post office.
5.5. In the event of any delivery problems as a result of force majeure, including strikes and lockouts, the respective legal regulations shall be applicable. That means: The Customer will be released from his/her obligation to pay and the Vendor from his/her obligation to deliver. If the Customer is a “Consumer” pursuant to section 13 of the German Civil Code, the risk of loss or deterioration of the goods shall not pass to the Customer until the goods are delivered to the Customer at the delivery destination that he/she stipulated. If the Customer is a “Business Customer” pursuant to section 14 of the German Civil Code, the risk of loss or deterioration of the goods shall be transferred to the Customer once the goods are handed over to the person charged with transporting the goods. The default of acceptance by the Customer shall be deemed equivalent to the completion of transfer of the goods.
5.6 In case of a withdrawal rights-conditioned return of products, which are capable of being shipped as a parcel, the buyer is obliged to send it back on its own costs and on the shops risk, as far as the delivered product is the ordered prodct and a total sum of the returned product is not exceeding 40 Euros or if the buyer by an order of a higher amount at the time of the withdrawal has not furnished a consideration nor a by this agreement agreed installment.
6. Retention of Title and Resale
6.1. We retain legal title to any product supplied by us until the purchase price (including VAT and shipping costs) for such product has been fully paid.
6.2. The Customer shall not be entitled to resell the products delivered by us which are under retention of title, except with our prior written consent. The Customer hereby assigns to us any receivables arising from any resale in an amount not exceeding the purchase price payable for the product by the Customer to us, plus 20% of the purchase price. We hereby authorize the Customer to collect any receivables so assigned to us in the ordinary course of its business, but are entitled to revoke such authorisation at any time in the event of a payment default by the Customer.
7. Warranty
7.1. Unless hereinafter provided otherwise, warranties of the Vendor are determined in accordance with the legal provisions. Pursuant to these regulations the warranty does not include any damage due to reasonable wear and tear, misuse and lacking or incorrect care and maintenance of the products. The Vendor will not provide any further warranty in addition to the legal warranty.
7.2. Provided that the Customer is a “Consumer” pursuant to section 13 of the German Civil Code the following shall apply:
(a) In the event of an obvious material defect or a defect in workmanship of the delivered product, including transport damage, please inform the Vendor by written notice without undue delay. The default of this claim shall not affect the warranty.
(b) Following receipt of the Customer’s notice of the defect, the Customer shall be entitled to request from us repair the defect or to supply another product. However, the Vendor shall be entitled to refuse to remedy a defective product in the manner requested by the Customer if such remedy would result in unreasonable costs and the other form of remedy would not bring disadvantages for the Customer. Reducing the purchase price or terminating the sales contract shall be excluded during the process of the supplementary performance. A supplementary performance shall be deemed a failure after the second unsuccessful attempt, unless something else follows from the nature of the matter or defect or from other circumstances. If the supplementary performance failed or the Vendor refuses to remedy the defective product in general, the Customer shall be entitled to reduce the purchase price or terminate the sales contract.
(c) The Customer shall only be entitled to claim damages due to the defect of the delivered products when the supplementary performance has failed or the Vendor has finally refused to remedy the defective products. The Costumer’s right to claim further damages in accordance with the following conditions shall remain unaffected.
(d) The Vendor shall be liable without limitation for personal injury resulting out of negligence or wilful misconduct and for damages pursuant to the German Product Liability Act; and furthermore for all damages resulting out of an intentional or gross negligent contract violation and fraud of their lawful representatives or proxies without prejudice to the foregoing regulations and the limitations of liability. If the Vendor provides a guarantee for the quality and the durability of the products or parts of the products the Vendor shall also be liable under the aforementioned guarantee.
The Vendor shall only be liable for damages resulting out of the lack of the guaranteed quality and durability of the products if the aforementioned quality and durability guarantee includes the risk of such damage.
(e) We shall also be liable for damages resulting out of simple negligence as far as this negligence act concerns the breach of those contractual obligations which are of essential importance for the fulfilment of the purpose of the contract (cardinal duties). However, we shall only be liable if the damages are typical for the underlying contract and predictable. Incidentally, our liability shall not apply in case of simple negligent breach of accessory obligations which are non-fundamental contractual duties. The same shall apply as far as it concerns the liability of legal representatives or proxies.
(f) A more extensive liability is excluded without consideration of the legal nature of the claim lodged. As far as our liability is excluded or limited, the same shall be applied for the personal liability of legal representatives and proxies.
(g) Statutory warranty periods shall apply, starting at the time of transfer of risk. The Vendor’s consent must be obtained by the Customer before any goods are returned.
The aforementioned period shall also apply for claims of compensation in respect of damage consequential to defects as far as no claims from tort are lodged.
7.3. If the Customer is a “Business Customer” pursuant to section 13 of the German Civil Code, the following shall apply:
a) The warranty rights of the Customer presuppose Customer compliance with the obligation to examine and the requirement to give notice of defects pursuant to section 377 of the German Commercial Code (HGB). Otherwise, the Customer must inform the Vendor about obvious defects within a period of 4 weeks after the goods have been received. If the Costumer does not find any defects, he /she must also give notice within a period of 4 weeks.
b) Claims for defects become time-barred within one year from the date of delivery to the Costumer. The Vendor’s consent must be obtained by the Customer before any goods are returned.
(c) If, despite all care being taken at our premises, the delivered goods contain a defect that already existed at the time that the risk passed, then the Vendor must, at his/her election and subject to receiving notification of the defect within the required time, repair the goods or deliver substitute goods. The Vendor shall always be given the opportunity to provide supplementary performance within reasonable time. However, recourse claims remain – without limitation – unaffected by the aforementioned rule.
(d) If the remedy (supplementary performance) fails, the Customer shall be entitled – without prejudice to any claims for damages - to terminate the sales contract or to reduce the purchase price.
(e) Any claims of the Costumer with respect to expenses incurred in the course of supplementary performance, including costs of travel and transport, labour, and material, shall be excluded to the extent that expenses are increased because the subject-matter of the supplies was subsequently brought to another location than the Costumer's branch office, unless doing so complies with the intended use of the supplies.
(f) Any recourse claims on the part of the Customer shall exist only to the extent that the Customer has not entered into any agreements with his/her customers going beyond the mandatory statutory claims based on defects.
(g) The Costumer is not entitled to claim damages due to the defect according to the following conditions until the supplementary performance has failed or the Vendor has refused any supplementary performance. The Costumer’s right to claim further damages in accordance with the following conditions shall remain unaffected.
(h) The Vendor shall be liable without limitation for personal injury resulting out of negligence or wilful misconduct and for damages pursuant to the German Product Liability Act; and furthermore for all damages resulting out of an intentional or gross negligent contract violation and fraud of their lawful representatives or proxies without prejudice to the foregoing regulations and the limitations of liability. If the Vendor provides a guarantee for the quality and the durability of the products or parts of the product the Vendor shall also be liable under the aforementioned guarantee. The Vendor shall only be liable for damages resulting out of the lack of the guaranteed quality and durability of the products if the aforementioned quality and durability guarantee includes the risk of such damage.
(i) The Vendor shall also be liable for damages resulting out of simple negligence as far as this negligence act concerns the breach of those contractual obligations which are of essential importance for the fulfilment of the purpose of the contract (cardinal duties). However, we shall only be liable if the damages are typical for the underlying contract and predictable. Incidentally, our liability shall not apply in case of simple negligent breach of accessory obligations which are non-fundamental contractual duties. The same shall apply as far as it concerns the liability of legal representatives or proxies.
(j) A more extensive liability is excluded without consideration of the legal nature of the claim lodged. As far as our liability is excluded or limited, the same shall be applied for the personal liability of legal representatives and proxies.
8. Prices
All prices at www.funkyjapan.com are in euros (including the currently applicable value- added tax rate).
9. Set-off, Right of Retention
The Customer shall only be entitled to a right of set-off or retention provided that his/her counter claims are legally established or accepted by the Vendor. Furthermore, the Customer shall only be entitled to exercise a right of retention as far as his/ her counter claim is based on the same contractual relationship.
10. Data Protection
10.1. The Vendor shall use the data voluntarily provided by the Customer exclusively in the course of placing the order in accordance with the applicable law (German Federal Data Protection Act and German Telemedia Act).
10.2. The Vendor shall only collect any personal data of the Customer as far as the Customer voluntarily provides this data when using the online shop. The Vendor shall only be permitted to process or submit the data to the extent necessary for the purpose of the execution of the sales contract between the Vendor and the Customer. Therefore, the personal data of the Costumer will only be transferred to the mail-order company commissioned with the delivery and – if necessary – to the credit institute commissioned with handling the payments.
In these cases the Vendor shall only submit the necessary minimum of data. Any further passing the data on to other third parties does not take place.
10.3. The Customer has at all times the right to request free of charge information, correction, blocking and deletion of his saved data as long as the Vendor is not legally obligated to save the data.
10.4. Furthermore, we refer to the Data Protection Statement which is provided at the link “Data Protection” at our homepage. This is part of the General Terms and Conditions.
11. External Links Disclaimer
Throughout our site you will find links to external websites. For each of these links shall apply the following: Funky Japan UG is not responsible for the presentation and the content of any linked website. For this reason we distance ourselves expressly from any content of any linked website on www.funkyjapan.com and we do not constitute endorsement of the contents of the linked websites. This statement shall be applied for any links to external websites and the contents of these external websites.
12. Copyright
The copyright in all material provided at the website www.funkyjapan.com is held by Funky Japan UG. None of the material may be copied or used without the prior permission of the Vendor.
13. Severability Clause
Should any part of this agreement be rendered or declared invalid, such invalidation of such part of this agreement should not invalidate the remaining parts thereof, and they shall remain in full force and effect. The invalid part shall be replaced by statutory provisions. The same shall apply if the contract shows a gap which was not intended by the parties.
14. Final Provisions
14.1. Any contract entered into between us and the Customer shall be governed by the laws of the Federal Republic of Germany under exclusion of the UN Convention on the International Sale of Goods (CISG). The application of mandatory standards of the state, where the Costumer has his/her habitual residence at the time of conclusion of the contract shall remain unaffected by this agreement on the applicable law.
14.2. If the Customer is a corporation, limited liability company, commercial partnership or otherwise operates a commercial business or if the Customer is a legal entity or special fund organized under public law, the courts in Leipzig, Germany, shall have the exclusive jurisdiction in respect of all disputes arising out of or in connection with the relevant contract. The same shall apply if the Customer does not have a general place of jurisdiction in the Federal Republic of Germany or the Customer’s domicile or habitual residence are not known at the time of the institution of legal proceedings.
