The following general terms and conditions apply to you when you shop in the Jimu Kobayashi online store. The terms and conditions are part of all contracts between Jimu Kobayashi, Am Wehrhahn 65, 40211 Düsseldorf, and the respective customer.
1 – GENERAL
1.1 Contractual Agreement: Contractual language is German.
1.2 General Terms and Conditions Agreement: These general terms and conditions shall also apply to all future legal transactions between Jimu Kobayashi and his customers from the time of their first inclusion. Conflicting GTC of the customer do not become part of the contract. They are hereby expressly contradicted. The right to change these GTC before conclusion of the contract remains unaffected.
2 – OFFER AND CONCLUSION OF CONTACT
The presentation of the products in the online store is not a legally binding offer, but a non-binding online catalog. Errors and omissions excepted. By clicking the “Pay” button (buy), you place a binding order for the products listed on the order page. You will receive a computer-generated order mail. The purchase contract is concluded by confirmation of the order by Jimu Kobayashi (confirmation mail). If you do not receive a confirmation mail from us within 2 weeks, you are no longer bound to your order unless it has already been delivered. Your orders will be stored by us.
3 – PRICES & SHIPPING
3.1 All prices quoted are euro amounts and include the VAT rate applicable at the time of delivery plus the costs of packaging and shipping.
3.2 The delivery and shipping costs incurred in addition to the purchase price shall be borne by the buyer. These will be clearly communicated to you again in the shopping cart system and on the order page. The flat rate for Germany is 6.99€.
4 – TERMS OF PAYMENT
4.1 Payment shall be made at the discretion of the customer by credit card (Stripe), prepayment, PayPal, or on account.
5 – DELIVERY
5.1 Delivery is made within Germany with DHL – usually within a few days.
5.2 Delivery to packing stations is not possible.
5.3 In the case of goods not in stock, the buyer will be informed about the delivery times. A subsequent delivery period will be agreed. If the seller does not deliver by the deadline, the customer may withdraw from the purchase contract in writing.
6 – RETENTION OF TITLE
We retain ownership of the delivered goods until full payment of the purchase price for the goods.
7 – CANCELLATION POLICY
7.1 Right of Revocation: The customer may revoke the contractual statement or the delivery in kind within two weeks without giving reasons in the original packaging – by returning the goods. The period begins after receipt of the goods by the recipient. The timely dispatch of the goods is sufficient to comply with the revocation period. The revocation or the return of the goods is to be sent to: Jimu Kobayashi
Am Wehrhahn 65, 40211 Düsseldorf, Germany
7.2 Consequence of Revocation: In the event of an effective revocation, the services received by both parties shall be returned. There shall be no obligation to compensate for the use of the goods or the value of the use. If the seller is unable to return the received goods in whole or in part or only in a deteriorated condition, the customer may have to compensate the seller for the value. This does not apply to the surrender of goods if the deterioration of the goods is exclusively due to their inspection – as would have been possible in a retail store, for example. In addition, the customer can avoid the obligation to pay compensation for a deterioration caused by the intended use of the goods by not using the goods as if they were his property and refrain from doing anything that could impair their value. Goods that can be sent by parcel are to be returned at the risk of the seller. The customer has to bear the costs of the return according to § 357 paragraph 2 BGB if the delivered goods do not correspond to the ordered goods. Obligations to refund payments must be fulfilled within 30 days.
7.3 Exclusion of the Right of Withdrawal: The right of withdrawal does not apply to contracts for the supply of goods that are made to customer specifications or clearly tailored to personal needs. End of the cancellation policy.
8 – LIABILITY
8.1 Exclusion of Liability: Jimu Kobayashi is only liable for intent or gross negligence.
8.2 Furthermore, Schulz und Kobayashi GbR is liable for the negligent breach of obligations, the fulfillment of which is essential for the proper execution of the contract, the breach of which endangers the achievement of the purpose of the contract, and the compliance with which the customer regularly relies on. In the latter case, however, Jimu Kobayashi shall only be liable for the foreseeable damage typical for the contract. Jimu Kobayashi is not liable for the violation of other obligations than those mentioned in the preceding sentences. The above liability conclusions do not apply in case of injury to life, body, and health. Liability according to product liability law remains unaffected.
9 – WARRANTY
9.1 In the event of defects in the delivered goods, the buyer shall be entitled to the statutory rights.
9.2 The warranty does not extend to such damage for which the customer is responsible, such as damage caused at the customer’s premises by natural wear and tear, moisture, strong heating of the rooms, intensive irradiation with sunlight or artificial light, other temperature or weather influences, or improper handling.
10 – FINAL PROVISIONS
10.1 The law of the Federal Republic of Germany shall apply. Mandatory provisions of the state in which customers who are consumers have their habitual residence shall remain unaffected. In dealings with consumers within the European Union, the law of the consumer’s place of residence may also be applicable, provided that mandatory consumer law provisions are involved.
10.2 The application of the United Nations Convention on Contracts for the International Sale of Goods (UN Sales Convention) is excluded. In the case of contracts with consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
10.3 The place of jurisdiction for all legal disputes is Düsseldorf.