Table of Contents
- Scope of Application
- Conclusion of Contract
- Right of Withdrawal
- Prices and Terms of Payment
- Delivery and Shipping Terms
- Retention of Title
- Liability for Defects (Warranty)
- Liability
- Redeeming promotional vouchers
- Redeeming gift vouchers
- Applicable law
- Place of jurisdiction
- Alternative dispute resolution
1) Scope of application
1.1 These General Terms and Conditions (hereinafter “GTC”) of 1mal1japan GmbH (hereinafter “Seller”) apply to all contracts for the delivery of goods which a consumer or business (hereinafter “Customer”) concludes with the Seller in respect of the goods displayed by the Seller in its online Shop. The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 These GTC apply mutatis mutandis to contracts for the supply of vouchers, unless otherwise specified.
1.3 A consumer within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their self-employed professional activity.
1.4 An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the course of their commercial or self-employed professional activity.
2) Conclusion of the contract
2.1 The product descriptions contained in the Seller’s Shop do not constitute binding offers on the part of the Seller, but serve to enable the Customer to submit a binding offer.
2.2 The Customer may submit the offer via the online order form integrated into the Seller’s Shop. In doing so, after placing the selected goods in the virtual shopping basket and completing the electronic ordering process, the customer submits a legally binding contractual offer regarding the goods contained in the shopping basket by clicking the button that concludes the ordering process. Furthermore, the customer may also submit the offer to the Seller by email.
2.3 The Seller may accept the Customer’s offer within five days,
- by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), in which case the date of receipt of the order confirmation by the Customer shall be decisive, or
- by delivering the ordered goods to the customer, in which case the date of receipt of the goods by the customer shall be decisive, or
- by requesting payment from the customer following the submission of their order.
If several of the aforementioned alternatives apply, the contract shall come into effect at the time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the customer is no longer bound by their declaration of intent.
2.4 If a payment method offered by PayPal is selected, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Service, available at https://www.paypal.com
2.5 If the payment method “Amazon Payments” is selected, payment processing is handled by the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: “Amazon”), subject to the Amazon Payments Europe Terms of Use, available at https://pay.amazon.de
2.6 When an offer is submitted via the Seller’s online order form, the text of the contract is stored by the Seller after the contract has been concluded and sent to the Customer in text form (e.g. email, fax or letter) following the submission of their order. The Seller shall not make the contract text available in any other way. If the Customer has set up a user account in the Seller’s online Shop prior to submitting their order, the order details shall be archived on the Seller’s website and may be accessed by the Customer free of charge via their password-protected user account by entering the relevant login details.
2.7 Before submitting a binding order via the Seller’s online order form, the Customer can identify any input errors by carefully reading the information displayed on the screen. An effective technical tool for better detection of input errors can be the browser’s zoom function, which enlarges the display on the screen. During the electronic ordering process, the customer may correct their entries using the standard keyboard and mouse functions until they click the button that completes the ordering process.
2.8 The German language is available for the conclusion of the contract.
2.9 Order processing and communication generally take place via email and automated order processing. The customer must ensure that the email address provided for order processing is correct, so that emails sent by the seller can be received at this address. In particular, if using spam filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
2.10 When ordering alcoholic beverages, the customer confirms by submitting the order that they have reached the minimum age required by law.
3) Right of withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller’s withdrawal policy.
3.3 The right of withdrawal does not apply to consumers who, at the time of conclusion of the contract, are not nationals of a Member State of the European Union and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.
4) Prices and Terms of Payment
4.1 Unless otherwise stated in the seller’s product description, the prices quoted are total prices that include statutory VAT. Any additional delivery and shipping costs incurred will be specified separately in the relevant product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for money transfers via credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also arise in relation to the transfer of funds even if the delivery is not to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the customer in the Seller’s Shop.
4.4 If payment in advance by bank transfer has been agreed, payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.
4.5 If a payment method offered via the “PayPal” payment service is selected, payment processing is carried out via PayPal, whereby PayPal may also make use of the services of third-party payment service providers for this purpose. If the seller also offers payment methods via PayPal whereby they make an advance payment to the customer (e.g. purchase on account or payment by instalments), it assigns its payment claim in this respect to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Prior to accepting the seller’s declaration of assignment, PayPal or the payment service provider commissioned by PayPal shall carry out a credit check using the customer data provided. The seller reserves the right to refuse the customer the selected payment method in the event of a negative credit check result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, the customer may only make payment to PayPal or the payment service provider commissioned by PayPal with discharging effect. However, even in the event of the assignment of the claim, the seller remains responsible for general customer enquiries, e.g. regarding the goods, delivery times, dispatch, returns, complaints, notices of withdrawal and return shipments, or credit notes.
4.6 If a payment method offered via the “Mollie” payment service is selected, payment processing is carried out by the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, Netherlands (hereinafter: “Mollie”). The individual payment methods offered via Mollie are communicated to the customer in the Seller’s online Shop. To process payments, Mollie may use additional payment services, to which specific payment terms may apply, and of which the customer may be notified separately where applicable. Further information on “Mollie” is available online at https://www.mollie.com
4.7 If a payment method offered via the “Ratepay” payment service is selected (e.g. Ratepay invoice, Ratepay prepayment, Ratepay direct debit, Ratepay instalment payment), payment processing is carried out by Ratepay GmbH, Ritterstr. 12-14, 10969 Berlin, (hereinafter “Ratepay”), to whom the Seller assigns its claim against the Customer. The specific Ratepay payment methods offered by the Seller are communicated to the Customer on the Seller’s website. The customer may only make payments to Ratepay with discharging effect. However, the Seller remains responsible for general customer enquiries (e.g. regarding goods, delivery times, dispatch, returns, complaints, notices of withdrawal and return shipments, or credit notes). In all other respects, Ratepay’s General Terms and Conditions of Payment apply, which can be accessed here: https://www.ratepay.com
4.8 If a payment method offered via the “Klarna” payment service is selected, payment processing is handled by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter “Klarna”). Further information and Klarna’s terms and conditions in this regard can be viewed here:
https://1mal1japan.de
5) Delivery and Shipping Terms
5.1 If the Seller offers to dispatch the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified in the Seller’s order processing system shall be decisive for the execution of the transaction.
5.2 If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of the initial delivery if the customer effectively exercises their right of withdrawal. Where the customer effectively exercises their right of withdrawal, the provisions set out in the seller’s cancellation policy shall apply to the costs of returning the goods.
5.3 If the customer is a business, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has handed over the goods to the forwarding agent, the carrier or any other person or organisation designated to carry out the shipment. If the customer is a consumer, the risk of accidental loss and accidental deterioration of the goods sold generally passes to the customer only upon handover of the goods to the customer or an authorised recipient. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer, even in the case of consumers, as soon as the seller has handed over the goods to the forwarding agent, the carrier or any other person or organisation designated to carry out the dispatch, provided that the customer has commissioned the forwarding agent, the carrier or the person or organisation designated to carry out the dispatch, and the seller has not previously named this person or organisation to the customer.
5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper supply to the seller. This applies only if the seller is not responsible for the non-delivery and has concluded a specific covering transaction with the supplier with due care. The Seller shall make every reasonable effort to procure the goods. In the event of the goods being unavailable or only partially available, the Customer shall be informed immediately and the payment shall be refunded without delay.
5.5 Collection in person is not possible for logistical reasons.
5.6 Vouchers are provided to the customer as follows:
– by email
6) Retention of title
If the seller makes an advance delivery, they retain title to the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
Unless otherwise specified in the following provisions, the statutory provisions on liability for defects shall apply. Notwithstanding this, the following shall apply to contracts for the supply of goods:
7.1 If the customer is acting as a business,
- the seller may choose the form of subsequent performance;
- for new goods, the limitation period for claims for defects is one year from delivery of the goods;
- for used goods, claims for defects are excluded;
- the limitation period does not recommence if a replacement delivery is made under the liability for defects.
7.2 The limitations of liability and shortened time limits set out above do not apply
- to the Customer’s claims for damages and reimbursement of expenses,
- in the event that the Seller has fraudulently concealed the defect,
- for goods which have been used in accordance with their normal purpose in a building and have caused its defectiveness,
- for any existing obligation on the part of the seller to provide updates for digital products, in the case of contracts for the supply of goods with digital elements.
7.3 Furthermore, in the case of business customers, the statutory limitation periods for any existing statutory right of recourse remain unaffected.
7.4 If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), they are subject to the commercial duty to inspect and give notice of defects in accordance with Section 377 HGB. If the customer fails to comply with the notification obligations set out therein, the goods shall be deemed to have been accepted.
7.5 If the customer is acting as a consumer, they are requested to lodge a complaint with the delivery company regarding goods delivered with obvious transport damage and to inform the seller thereof. Failure by the customer to do so shall have no effect whatsoever on their statutory or contractual claims for defects.
8) Liability
The Seller shall be liable to the Customer for all contractual, quasi-contractual and statutory claims, including tortious claims, for compensation for damages and expenses as follows:
8.1 The Seller shall be liable without limitation on any legal ground
- in cases of intent or gross negligence,
- in cases of intentional or negligent injury to life, limb or health,
- on the basis of a guarantee, unless otherwise stipulated in this regard,
- on the basis of mandatory liability, such as under the Product Liability Act.
8.2 If the Seller negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for this type of contract, unless unlimited liability applies in accordance with the preceding clause. Essential contractual obligations are obligations which the contract imposes on the Seller, according to its content, for the fulfilment of the purpose of the contract, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the Customer may regularly rely.
8.3 In all other respects, the Seller’s liability is excluded.
8.4 The above liability provisions also apply with regard to the Seller’s liability for its vicarious agents and legal representatives.
9) Redemption of promotional vouchers
9.1 Vouchers issued free of charge by the Seller as part of promotional campaigns with a specific period of validity, which cannot be purchased by the Customer (hereinafter “promotional vouchers”), may only be redeemed in the Seller’s online Shop and only during the specified period.
9.2 Individual products may be excluded from the voucher promotion, provided that a corresponding restriction is specified in the content of the promotional voucher.
9.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
9.4 Multiple promotional vouchers may be redeemed in a single order.
9.5 If the promotional voucher refers to a specific value rather than a percentage discount, the value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
9.6 If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods offered by the seller may be selected to settle the difference.
9.7 The credit balance of a promotional voucher will neither be paid out in cash nor bear interest.
9.8 The promotional voucher will not be refunded if the customer returns goods paid for in full or in part using the promotional voucher within the scope of their statutory right of withdrawal.
9.9 The promotional voucher is transferable. The Seller may make payment with discharging effect to the respective holder who redeems the promotional voucher in the Seller’s online Shop. This shall not apply if the Seller has knowledge of, or is grossly negligent in failing to recognise, the respective holder’s lack of entitlement, legal incapacity or lack of authority to act on behalf of another.
10) Redemption of gift vouchers
10.1 Vouchers that can be purchased via the Seller’s online shop (hereinafter “gift vouchers”) may only be redeemed in the Seller’s online shop, unless otherwise stated on the voucher.
10.2 Gift vouchers and any remaining balance on gift vouchers are redeemable until the end of the third year following the year of purchase. Any remaining balance will be credited to the customer’s account until the expiry date.
10.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
10.4 Multiple gift vouchers may be redeemed for a single order.
10.5 Gift vouchers may only be used for the purchase of goods and not for the purchase of further gift vouchers.
10.6 If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the seller may be selected to settle the difference.
10.7 The credit balance of a gift voucher will neither be paid out in cash nor bear interest.
10.8 The gift voucher is transferable. The Seller may make payment with discharging effect to the respective holder who redeems the gift voucher in the Seller’s online Shop. This shall not apply if the Seller has knowledge or is grossly negligent in failing to recognise the respective holder’s lack of entitlement, legal incapacity or lack of authority to act on behalf of another.
11) Applicable law
11.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, to the exclusion of the laws on the international sale of goods. In the case of consumers, this choice of law shall apply only to the extent that the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence is not withdrawn.
11.2 Furthermore, this choice of law does not apply with regard to the statutory right of withdrawal in the case of consumers who, at the time of conclusion of the contract, do not belong to a Member State of the European Union and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.
12) Place of jurisdiction
If the customer is acting as a trader, a legal entity under public law or a special fund under public law with its registered office within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller’s place of business. If the customer is based outside the territory of the Federal Republic of Germany, the seller’s place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer’s professional or commercial activities. In the above cases, however, the seller is in any event entitled to bring proceedings before the court at the customer’s place of business.
13) Alternative dispute resolution
The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
