Terms and Conditions of the japanstore.pl Internet Platform
The internet platform operating at http://www.japanstore.pl is run by Yoshid Kazutoshi, a citizen of Japan residing in Japan, Uekimachi Tarumizu 501-15, 861-0133 Kumamoto - Kitaku, running a Kazutoshi Yoshida company based in Kumamoto - Kitaku, hereinafter referred to as the Seller. The Japanstore website belongs to Japanstore LLC, 108 WEST 13TH ST, Wilmington, New Castle, DE 19801, US.
The subject matter of these Terms and Conditions of the Internet Platform is information on the terms and conditions under which Yoshida Kazutoshi is selling and delivering products and specifying rights and obligations of the Seller and the Buyer. They relate without any exceptions or reservations to all sales transactions of goods that Yoshida Kazutoshi offers in the online store available at: www.japanstore.pl and in the version optimized for use on mobile devices. Therefore, the Buyer ordering the product offered for sale at www.japanstore.pl shall fully accept the Terms and Conditions of the Internet Platform and declare that he has read them before placing the Order.
The Seller reserves the right to modify these Terms and Conditions of Internet Platform at any time. However, the version of Terms and Conditions of the Internet Platform that the Buyer has accepted by placing the Order shall apply to a specific Order.
- Terms and Conditions - These Terms and Conditions constitute the General Conditions of Sale. In the scope of services provided by electronic means the Terms and Conditions are the terms and conditions referred to in art. 8 of the Act of July 18, 2002, on the services provided by electronic means that is, of October 15, 2013 (Journal of Laws of 2013, item 1422), hereinafter referred to as the "Act on the services provided by electronic means".
- Customer (Buyer) - is a natural person, a legal person or an organizational unit which is not a legal person, to whom the Act grants legal capacity, for the benefit of which - in accordance with the Regulations and legal regulations - services may be provided electronically or with whom a Sales Contract may be concluded. A natural person may be a Client, if: (a) has full legal capacity; or (b) obtains the consent of the legal representative or legal guardian in case he or she has limited legal capacity; or (c) is represented by a legal representative or legal guardian in case he or she has no legal capacity.
- The Consumer - (i) a natural person concluding with the Seller a legal action not directly related to his business or professional activity or (ii) a natural person concluding an agreement directly related to his business activity, if the content of this agreement shows that he does not have a professional character for him, resulting in particular from the subject of his business activity, made available on the basis of the regulations on Central Register and Information on Business Activity.
- Seller - Yoshida Kazutoshi, a citizen of Japan residing in Japan, Uekimachi Tarumizu 501-15, 861-0133 Kumamoto - Kitaku, running the Kazutoshi Yoshida company with its registered office in Kumamoto - Kitaku, Japan.
- User - is a person who has the right to use features of Platform (services, technologies, tools) and deriving benefits from it.
- Subject of the transaction - Products listed and described on the Platform, with an indication of availability.
- Product - a movable good that is a subject matter of the Sales Agreement.
- Sales Agreement - an agreement for the sale of Products within the meaning of the Civil Code, concluded on the terms and conditions set out in these Terms and Conditions between the Seller and the Customer, using means of distance communication.
- Party - Seller and Customer.
- Platform - website www.japanstore.pl enabling the purchase of Products from the Seller. Contact details: e-mail: firstname.lastname@example.org
- Order - declaration of intent of the Customer clearly specifying the type and quantity of Products, aiming directly at the conclusion of a Distance Sale Agreement via the Platform.
II Placing orders
- The condition for placing an Order on the www.japanstore.pl Platform by the Buyer is to read these Terms and Conditions of the Internet Platform and accept its provisions when placing the Order.
- The Buyer has the ability to check the details of the planned Order and correct any errors until the payment is confirmed.
- As soon as the Buyer has confirmed his order by clicking the "Confirm Purchase" icon, it is considered that he has knowingly accepted the subject matter and conditions of the Order, including these Terms and Conditions of the Internet Platform, as well as his obligation to pay the price for the purchase, the price, size, characteristics, quantity and delivery date of the products offered by the Seller and ordered by the Buyer.
- After confirming payment for the ordered product, the Buyer may not cancel the Order.
- After receipt of the goods, the Buyer may withdraw from the sales agreement under the terms of Article VI of these Terms and Conditions of the Internet Platform.
- The sales agreement is concluded at the time of confirmation of payment for the product ordered by the Buyer. The Seller will confirm to the Buyer that the Order has been submitted for processing via e-mail. In the next e-mail, The Buyer will be informed about the shipment of the ordered Products. Both e-mails will be sent to the e-mail address provided by the Buyer at the time of its registration on the Platform, before placing the Order. The Seller recommends that the Buyer keep both emails on paper or data storage device.
- The prices of goods offered online at the www.japanstore.pl Platform visible in Polish zlotys (PLN), Euro (EUR), US dollar (USD) are the prices in force at the time of placing the Order by the Buyer. The Seller may at any time change the prices of products, while the price accepted by the Buyer at the time of placing the Order will be binding for the sales agreement concluded as a result of placing the Order. The prices do not include shipping costs, which are added to the price of the purchased goods and shown separately on the document of sale. The Buyer will be informed about the shipping costs before placing the Order. Shipping methods will be specified later on in the Terms and Conditions of the Internet Platform. The Seller may change the offered shipping methods at any time; however, the shipping method accepted by the Buyer at the time of placing the Order shall be binding for the sales agreement concluded as a result of placing this order by the Buyer.
- Prices of products do not include any customs fees and taxes.
- The offer of sale of particular products on japanstore.pl is valid as long as they are offered on the Platform, while stocks last.
- The Seller reserves the right but is not obliged to limit/restrict the sale of products to any person, geographical region, or jurisdiction. The Seller may exercise this right for particular cases. The Seller reserves the right to limit the number of products offered. All product descriptions are subject to change at any time without notice in the sole discretion of the Seller. The Seller reserves the right to stop selling at any time.
- If, after placing the Order, it turns out that the products are completely or partially unavailable, the Buyer will be informed by electronic means, as soon as possible about the unavailability of the product and the complete or partial cancellation of his order. If the Order is canceled completely: a) The order of the Buyer will be automatically canceled, and the money from his PayPal/credit card will not be taken b) The Seller will inform the Buyer about the cancellation of the Order and will offer him re-submitting the Order, with the exception of situation when the product is unavailable.
- Products meet the requirements of Japanese law. Seller is not responsible for breaches/violations of the law in a country other than Japan to which the product will be delivered at the request of the Buyer (for example, if the sale of a given product is prohibited in that other country). The Buyer is obliged to check in the appropriate authorities of the country to which he intends to deliver the products, whether the products he intends to order can be imported into that country.
- Orders are accepted only by the japanstore.pl Platform
- The order is effective if the Buyer correctly completes the order form and correctly provides true contact details, including the address to which the Product is to be sent, as well as the phone number and e-mail address.
- In the event when the data provided is not complete, the Seller will contact the Buyer. If contact with the Buyer is not possible due to providing incorrect or inaccurate data, the Seller has the right to cancel the Order.
- The Buyer agrees for the electronic issuing and sending to the e-mail address which he provided of an electronic image of billing documents, in particular, such as invoices with attachments, corrective invoices with attachments and forms. This consent also authorizes the Seller to issue and send electronic invoices.
- After the Customer has successfully placed the order, he will receive an automatic reply to the e-mail address he provided with the confirmation of the order.
- The time to start the processing of the order coincides with the moment the payment is received on the PayPal account or the moment the order is placed in the case of payment with a credit card.
- The Seller shall not be liable to the Customer or any third party for any modification, price change, suspension, or discontinuation of providing the Service.
III Shipping costs and date
- The Product is sent to the address provided on the Order form. The Seller shall inform the Buyer immediately of an incorrectly completed Order form, which prevents or may delay the shipment.
- The product is sent via Japan Post, and in the territory of the Republic of Poland delivered via Poczta Polska, in other countries via national post. There is a possibility of sending the Products by international courier EMS/POCZTEX/. The Product is prepared for shipment and sent by the Seller from Japan. All AIRMAIL, EMS and Sea shipments have a tracking number /for example RX123456789JP/, are insured, and arrive within:
10-14 business days /AIRMAIL/,
7-10 business days /EMS/
2 months /Sea shipment/.
Some small products are sent by ECONOMY shipments/ 2nd class mail/, these shipments do not have a tracking number and are not insured. In this case, they arrive within 21-40 business days. During the holiday season (Christmas, Easter), the delivery period may be longer.
- The delivery time is approximate and it may be longer in the case of customs control or other reasons (force majeure) beyond the control of the Seller.
- The Buyer is charged with shipping costs, which depend on the sum of the weight of the products together with the packaging. After adding the product "TO CART", the total cost of shipping from Japan will be shown.
- Some content, products, and services available on this website may contain materials of third parties.
- The Internet Platform only accepts secure payments made with a debit card, credit card (American Express, Maestro, MasterCard, VISA) or a PayPal account.
- Links of third parties on this website may redirect the Customer to third party websites that are not affiliated with the Seller. The Seller is not responsible for the examination or evaluation of the content, or accuracy and does not guarantee and is not liable for any materials or websites of third parties' and products or services of third parties'.
- The Seller shall not be liable for any damages related to the purchase or use of goods, services, resources, content or any other transactions made via websites of third parties'. The Customer should carefully read the policies and practices of third parties and make sure that he understands them before proceeding with any transaction. Complaints, claims, concerns, or questions about the products of external entities should be directed to external entities.
V Delivery and reception of Product
- Deliveries are made worldwide.
- The Seller is obliged to deliver Products without defects.
- The Seller reserves the right to send orders in two or more AIRMAIL packages with tracking numbers.
- Before picking up a parcel from the post office, check whether the packaging has not been damaged in transport. In particular, pay attention to the condition of the tapes or seals on the package. In the event when the packaging of the parcel is damaged, or the seals (tapes) are broken, it is recommended to draw up a Shipping Damage Report or other confirmation of the condition of the parcel in the presence of the postman. In such case, the Customer is obliged to contact the Seller as soon as possible to clarify the matter. Failure to identify any irregularities in the quantity or quality of the parcel upon receipt may have a negative impact on the result of consideration of the Customer's claims for damage or theft of the parcel in transport; however, each case of this type will be considered individually by the Seller.
- In the event when the parcel is lost, or there are irregularities in the order, the Seller shall start the complaint procedure and provide information along with confirmation from the Japanese post office to the Buyer.
- Complaint handling time depends on the Japanese Post Office, in accordance with international postal law, the complaint consideration period for shipments in foreign trade is up to 3 months.
- The Seller shall not be liable for non-delivery of goods or delay in delivery caused by the incorrect or inaccurate address provided by the Customer.
- The Buyer acknowledges that his failure to pick up the parcel from the post office (or other collection points, for example, Customs Office) and sending the parcel back to the Seller in Japan will result in the Seller suffering damage in the form of additional shipping costs. For this reason, if the Buyer:
(a) will want the Products he ordered to be sent again; he will be required to pay the costs (i) of sending the parcel back to the Seller to Japan, (ii) the costs of re-shipping. The Seller will immediately inform the Buyer about these costs. In the event of payment of these costs, the parcel with the Order will be immediately sent to the address indicated by the Buyer. In the absence of payment of all these costs within 3 business days of receiving the above information, The Seller will be entitled to withdraw from the Sales Agreement, and he will be entitled to compensation for the costs incurred in the form of (i) shipping costs to the country of the Customer, (ii) return shipping costs to Japan, (iii) commission costs related to payments through the PayPal systems, used to pay and refund ("claim for damages of the Seller"). The right to withdraw may be exercised within 12 months from the date of placing the Order by the Buyer.
(b) resigns from re-sending/re-purchasing or will exercise the right to withdraw from the Sales Agreement, the Seller, according to the principles set out in the Terms and Conditions, will make the refund in the amount paid to the Buyer and will be entitled to compensation for the costs incurred in the form of (i) shipping costs to the country of the Customer, (ii) return shipping costs to Japan, (iii) commission costs related to payments through the PayPal systems, used to pay and refund ("claim for damages of the Seller").
The Claim for Damages of the Seller may be satisfied by contractual deduction of mutual claims, that is, the Seller's claims for damages with the Buyer's claim for a refund of the funds paid. The Parties agree that the contractual deduction may also apply to undue claims. The Seller may make a deduction without having to submit separate additional statements of intent. The confirmation of making a contractual deduction of the Seller's claims will be the payment to the Buyer of appropriately reduced funds. The day of making the deduction is the day of paying the reduced funds. In any case, if the Seller's claim for damage exceeds the amount of the Buyer's claim for refund, the Buyer will be obliged to pay supplementary compensation at the request of the Seller.
VI Withdrawal from the agreement
- A consumer who concluded a distance sale agreement has the right to withdraw from the agreement without giving a reason by making a statement in writing. However, it is limited in time and is valid only for 14 days. This deadline is non-negotiable and begins with the date of receiving the Product. To comply with this deadline, it is enough to send a statement before its expiry.
- The right indicated in this paragraph applies to consumer sales. It, therefore, applies only to Buyers who are consumers, thus for sale to a natural person who purchases for a purpose not related to professional or business activity.
- A product returned in this mode will be accepted only if it is fully returned.
- In accordance with applicable law, in the case of an agreement t in which the subject matter of the service is an item delivered in a sealed package, which cannot be returned after opening due to health protection or hygiene reasons if the packaging has been opened after delivery, THE CONSUMER IS NOT entitled to withdraw from the agreement (Article 38 item 5 of the Consumer Rights Act).
- The Consumer is obliged to return the Product directly to the Seller to Japan immediately, but not later than within 14 days from the day on which he withdrew from the agreement. To comply with the deadline, it enough sent the item before the deadline.
- The Consumer shall only bear the direct cost of returning the item.
- The Consumer is responsible for reducing the value of the item as a result of using it in a way that goes beyond what is necessary to establish the nature, characteristics, and functioning of the item.
- In the event of exercising the right to withdraw from the agreement, the returned goods must be shipped at own expense of the Buyer, and the Seller will refund the costs of the product to the Buyer being a Consumer.
- In the event of withdrawal from a distance agreement or an off-premises agreement, the agreement shall be considered null and void.
- To exercise the right of withdrawal, the Consumer must inform the Seller in Japan about his decision to withdraw from this agreement by a clear written statement (sent by post, with the Seller suggestion to send by registered mail). It is not possible to make such a statement by electronic means or by FAX.
- The Consumer may use the sample withdrawal from the agreement form, but it is not mandatory. To comply with the deadline to withdraw from the agreement, simply send information regarding the exercise of the right of withdrawal before the deadline to withdraw from the agreement.
SAMPLE OF WITHDRAWAL FROM THE AGREEMENT FORM
(this form should be completed and returned only if you want to withdraw from the agreement, the customer fills in the square boxes):
Uekimachi Tarumizu 501-15
Kumamoto-Shi Kita-Ku 861-0133, JAPAN
I [first and last name of the Buyer], would like to inform about my withdrawal for the sales agreement for the following items: [names of purchased items], number of invoice [number] .
Date of conclusion of agreement is [date], date of receiving the items is [date] .
First and last name: [first and last name of the Buyer]
Address: [address of the Buyer]
Date: [date of withdrawal from the agreement]
- The Seller is liable to the Buyer if the item sold has a physical or legal defect (warranty). The Customer shall address his claims to the Seller for consideration or rejection of the complaint.
- The Seller makes no warranty for the Products; the manufacturer provides a guarantee.
VIII Protection of personal data
- Personal data of the User shall be protected in accordance with applicable regulations, including the GDPR. The Platform takes all possible technical and organizational measures required by the applicable law to protect personal data of the User, in particular, to prevent the unauthorized acquisition and modification of data provided during registration and placing the Order.
- The Customer buying products on this Platform is buying them directly from a seller from Japan. Customers are in different parts of the world; therefore it is practically impossible for the Seller to confirm whether the import and sale of any of the Products may be contrary to applicable exclusive local distribution rights or otherwise constitute a violation of local law, including regulations regarding safety of the product and other regulations.
- The Customer agrees that the purchase and import of such a product complies with the law of the country to which the product will be shipped and agrees that he will be considered as the only "Importer" and "First distributor" of the product in that country for all purposes, including customs regulations, copyright and trademark laws, and regulations on safety of the product. Purchasing is an individual decision of the Customer. Products are introduced into the Polish or other target country customs area under the responsibility of the Buyer. It is the Buyer who is the importer, and he has all customs and tax obligations if they arise. Customs Office in every country has the right the inspect the parcel, but this is not tantamount to imposing customs and tax obligations.
- The Seller shall not be liable for any consequences related to the use/application of the products. The Seller strongly recommends that you perform an allergy test before using any cosmetic products.
- The Seller shall not be liable if the information provided on this Platform is not accurate, complete, or updated. The materials on this Platform are for general use only and should not be relied on or used as the sole basis for making decisions without using basic, more accurate, more complete or more up-to-date information sources. All reliance on materials on this Platform is at your own risk.
- The Seller does not take any responsibility for any comments posted by Users or third parties under the products.
X Taxes and customs
- The Seller informs that in Poland pursuant to art. 41, section 1 in connection with art. 146 point 1 of the Act of March 11, 2004, on tax on goods and services to the purchase price of the Product from the Seller, a 23% VAT tax can be added. The person authorized to collect the tax referred to in the previous sentence is a carrier delivering the Product to the Customer or person authorized for delivery on his behalf. Pursuant to art. 51 section 1 above of the Act "import of goods placed in parcels sent from the territory of a third country directly to the recipient staying in the territory of the country is exempt from tax, provided that the total value of the goods in the parcel does not exceed the amount expressed in PLN corresponding to the equivalent of 22 EURO".
- The Seller informs that in the case of parcels sent from a third country (Japan) directly to a Customer in the European Union (EU), Cosmetic Products and Products, which actual value does not exceed EUR 150 are exempted from customs duty. This exemption does not apply to Products of a higher value. More information is available at https://ext-isztar4.mf.gov.pl/taryfa_celna/ Other countries according to the customs tariff in force in a specific country.
- If the Customer is obliged to pay a customs fee for importing Goods purchased from the Seller into the European Union (EU), the amount of the customs fee is determined by the Customs Office in accordance with the Common Customs Tariff (Annex I to Council Regulation (EEC) No 2658/87 of July 23, 1987, on the tariff and statistical nomenclature and the Common Customs Tariff) based on the customs declaration completed by the Customer. The customs fee is calculated based on the value of the Products (the cost of purchasing the Product from the Seller indicated on the Platform) and on the amount of the shipping costs (determined by the Platform system) - indicated in the customs declaration and confirmed by an appropriate document such as an invoice.
- The Seller informs that the carrier in Poland - Poczta Polska, charges: a handling fee for presenting parcel to customs control sent from a foreign country in the amount of PLN 8.50 gross. The fee for sending a proof of customs clearance to the recipient in the amount of PLN 6 gross. Collection of customs and taxes from the Customer and transferring them to the bank account of the Customs Office - in accordance with the price list as for the bank transfer to a domestic bank account. For other countries in accordance with the price list of a national post of the country of destination.
- The Seller informs that in Poland, any imported commercial goods with a value above 1000 EURO or weight above 1000 kg net may be subject to individual customs clearance. In this case, the importer is obliged for the customs clearance on the SAD (Single Administrative Document) - the Seller recommends using the Customs Agency.
- The Seller is not responsible for customs formalities, additional fees and does not perform any activities related to customs or importing ordered products or services. In any case, the party responsible for complying with all requirements associated with the import of products or services is the Buyer.
XI General provisions
- The products are original and have safety approvals for use in Japan. However, like any cosmetics or supplements, they can have side effects, and in that case, you should stop using them immediately.
- The photos/images used on the platform are only for product visualization and may differ slightly from how the actual product looks like.
- The User of the platform agrees that the comments will not breach/violate any rights of third parties, including copyrights, trademarks, privacy, or other personal rights or property. In addition, comments will not contain defamatory or otherwise unlawful, offensive, or obscene material, nor contain computer viruses or other malware that could in any way affect the operation of the Platform or related websites. The platform user may not use a false e-mail address, impersonate other people, or otherwise mislead the Seller or third parties as to the origin of any comments. The user is solely responsible for all comments and their accuracy. Sometimes there may be information on the Platform that includes typographical errors, inaccuracies, or omissions, which may refer to product descriptions, prices, promotions, offers, shipping costs, transport times, and availability. The Seller reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Platform or any related website is inaccurate at any time without notice (also after placing the order).
- The Platform may contain some old information that is not necessarily up-to-date and is used only for information purposes or website positioning (SEO). The Seller reserves the right to modify the content on the Platform at any time, but he is not obligated to update any information.
- The competent court for the settlement of disputes is the competent court in Japan.
- All questions and comments regarding the Terms and Conditions of the japanstore.pl Internet Platform should be reported to the following e-mail address: email@example.com
- In the event that any provision of the Terms and Conditions of the japanstore.pl Internet Platform is deemed unlawful, invalid or unenforceable, such provision shall nevertheless be enforceable to the fullest extent allowed by applicable law, and the unenforceable part shall be deemed separate from these Terms and Conditions of the japanstore.pl Internet Platform, such deem will not affect the validity and enforceability of other provisions.
XIII Terms and Conditions for providing services via electronic means
- The administrator of personal data is Japanstore LLC, at 108 WEST 13TH ST, Wilmington, New Castle, DE 19801, with its registered office in the United States.
- Electronic services available on the Platform are provided in accordance with the requirements of the Act of 18 July 2002 on the provision of electronic services (that is, Journal of Laws of 2013, item 1422, as amended).
- The use of the Platform functionality requires registration of the potential buyer through a login and password.
- The Administrator shall be liable only for the functioning of this Platform. The liability of the Administrator is excluded in the event of disclosure of damage or other damage caused by force majeure or the act or omission of persons for whom he is not liable (that is persons who are not his employees or co-workers).
- The Administrator may, without incurring any activity, at any time, at his discretion and without prior notice, suspend or terminate the possibility of using the Platform - in general, or in relation to a specific user.
- The Administrator is entitled but is not obliged to make modifications to the functioning of the Platform.
- Complaint proceedings regarding the Platform: any complaints regarding the functioning of the Platform should be reported to the e-mail address of the Administrator: firstname.lastname@example.org or in writing to the address of Administrator: Japanstore LLC, 108 WEST 13TH ST, Wilmington, New Castle, DE 19801, United States and should contain the following data: information of the entity submitting the complaint - name, surname or company, subject matter of the complaint, address, e-mail address, registration data (if applies and in the case of entrepreneurs) together with a description of the complaints regarding the Platform. Complaints will be considered within 10 days of receipt of the complaint. A response to the complaint (in writing or by e-mail) will be sent to the address or e-mail address of the person submitting the complaint provided in the complaint.
- All questions and comments regarding the functioning of the Platform should be sent to the Administrator by e-mail to email@example.com.
- Technical requirements necessary for cooperation with the ICT system used by the service provider are as follows:
- Connection to the Internet,
- Web Browser: Internet Explorer 8.0 or newer, Firefox 5.0 or newer, Opera 9.0 or newer, Chrome 8 or newer, Safari 5 or newer,
- Computer with a 1000Mhz processor with 300 MB free disk space, 512 MB RAM, minimum resolution 800x480,
- Operating system: Windows XP Service Pack 2+, Windows Vista, Windows 7, Windows 8, Mac OS X 10.6 or newer, Ubuntu 10.04 or newer, Debian 6 or newer, OpenSuSE 11.3 or newer, Fedora Linux 17+, Android 2.3 +, iOs 4 +, Windows Phone 7 +
- Cookie files enabled,