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    Terms and Conditions

    GENERAL TERMS AND CONDITIONS FOR E-SHOPS

    These General Terms and Conditions ("Terms") of M.Y.JAPAN s. r. o., located at Kladenská 88, 273 01 Lhota, ID No.: 17864747, email info@japaneserice.eu, phone number (+420) 704 818 299 (hereinafter referred to as "We" or "Seller") regulate the mutual rights and obligations of you, as buyers, and us, as sellers, arising in connection with or on the basis of the purchase agreement ("Contract") concluded through the e-shop on the website www.japaneserice.eu.

    All information about the processing of your personal data is contained in the Personal Data Processing Principles, which can be found here /privacy policy.

    The provisions of these Terms are an integral part of the Contract. The Contract and Terms are drafted in the Czech language. We may unilaterally change or amend the wording of the Terms. This provision does not affect the rights and obligations arising during the period of effect of the previous version of the Terms.

    As you know, we primarily communicate remotely. Therefore, our Contract is also governed by remote communication means that allow us to agree without the simultaneous physical presence of us and you, and the Contract is thus concluded in a distant manner via the e-shop environment, through the website interface ("e-shop web interface").

    If any part of the Terms contradicts what we have mutually agreed on during your purchase process in our E-shop, that specific agreement will prevail over these Terms.

    SOME DEFINITIONS

    • Price is the financial amount you will pay for the Goods;
    • Shipping Price is the financial amount you will pay for the delivery of the Goods, including the cost of packaging;
    • Total Price is the sum of the Price and the Shipping Price;
    • VAT is the value-added tax according to applicable legal regulations;
    • Invoice is a tax document issued in accordance with the law on value-added tax for the Total Price;
    • Order is your binding proposal to enter into a Contract to purchase Goods with us;
    • User Account is an account set up based on the information you provide, which allows the storage of entered data and keeping the history of ordered Goods and concluded Contracts;
    • You are the person purchasing in our E-shop, legally referred to as the buyer;
    • Goods are everything you can purchase in the E-shop.

    GENERAL PROVISIONS AND INSTRUCTIONS Purchasing Goods is possible only through the e-shop web interface. When purchasing Goods, it is your obligation to provide us with all information correctly and truthfully. Therefore, we will consider the information you provided in the Order to be correct and truthful. On our E-shop, we also provide access to Goods ratings made by other consumers. We ensure and control the authenticity of such reviews by linking the reviews with specific orders, thus, in our internal system, we can see the connected order ID, enabling us to verify and prove that the review comes from a real consumer.

    CONCLUSION OF THE CONTRACT The Contract with us can be concluded only in the Czech language. The Contract is concluded remotely via the E-shop, and the costs of using remote communication means are borne by you. However, these costs do not differ from the basic rate you pay for using these means (mainly for internet access), so you should not expect any additional costs charged by us beyond the Total Price. By sending the Order, you agree that we use remote communication means. To conclude the Contract, you need to create an Order on the E-shop. This proposal must include the following information:

    • Information about the Goods being purchased (you indicate the Goods you are interested in purchasing by clicking the "Add to Cart" button);
    • Information about the Price, Shipping Price, method of payment of the Total Price, and the requested method of delivery of the Goods; these details will be entered during the creation of the Order within the user interface of the E-shop, while information about the Price, Shipping Price, and Total Price will be automatically indicated based on the Goods you selected, the method of their delivery, and payment;
    • Your identification and contact details necessary for the delivery of the Goods, namely name, surname, delivery address, phone number, and email address. During the creation of the Order, you can change and check the details until its completion. After performing the check by pressing the "Order with obligation to pay" button, you complete the Order. Before pressing the button, you must also confirm your acquaintance with and consent to these Terms, otherwise, it will not be possible to complete the Order. A checkbox is used for confirmation and consent. By pressing the "Order with obligation to pay" button, all the filled information is sent directly to us. We will confirm your Order as soon as possible after it is received by us, with a message sent to your email address specified in the Order. The confirmation will include a summary of the Order and these Terms as an email attachment. The Terms, effective on the date of the Order, i.e., in the wording attached as an appendix to the confirmation email, form an integral part of the Contract. By confirming the Order, a Contract is concluded between us and you. There may be cases when we cannot confirm your Order, especially when the Goods are not available or when you order a larger number of units of Goods than we allow. However, we always provide information about the maximum number of Goods in the E-shop beforehand, so this should not be surprising for you. If any reason arises why we cannot confirm the Order, we will contact you and send you an offer to conclude the Contract in a modified form compared to the Order. In such a case, the Contract is concluded at the moment you confirm our offer. If the Price stated in the E-shop or in the Order is clearly incorrect, we are not obliged to deliver the Goods at this Price, even if you have received an Order confirmation, thus concluding the Contract. In such a situation, we will contact you immediately and send you an offer to conclude a new Contract in a modified form compared to the Order. A new Contract is then concluded at the moment you confirm our offer. An obvious error in the Price is considered, for example, when the Price does not correspond to the usual price at other sellers or a digit is missing or extra. In case a Contract is concluded, you have an obligation to pay the Total Price. If you have a User Account, you may place an Order through it. Even in such a case, however, you have the obligation to check the accuracy, truthfulness, and completeness of the pre-filled information. The method of creating an Order is, however, identical to that for a buyer without a User Account, with the advantage that there is no need to repeatedly fill in your identification details. In some cases, we allow the purchase of Goods with a discount. To provide a discount, you need to fill in the details about this discount in a predetermined field within the proposal of the Order. If you do so, the Goods will be provided to you with a discount.

    USER ACCOUNT Based on your registration within the E-shop, you can access your User Account. When registering a User Account, it is your obligation to provide all entered details correctly and truthfully and to update them in case of any changes. Access to the User Account is secured by a username and password. Regarding these access details, it is your obligation to maintain confidentiality and not to provide them to anyone. If their misuse occurs, we bear no responsibility. The User Account is personal, and you are therefore not authorized to allow its use by third parties. We may cancel your User Account, especially if you do not use it for more than 5 years, or if you violate your obligations under the Contract. The User Account may not be available continuously, especially considering the necessary maintenance of hardware and software equipment.

    PRICE AND PAYMENT CONDITIONS, RESERVATION OF OWNERSHIP The Price is always stated within the E-shop, in the proposal of the Order, and, of course, in the Contract. In case of a discrepancy between the Price stated for the Goods within the E-shop and the Price stated in the proposal of the Order, the Price stated in the proposal of the Order will apply, which will always be identical to the price in the Contract. The proposal of the Order also includes the Shipping Price, and the conditions when the shipping is free. The Total Price is stated including VAT and all fees stipulated by law. We will require payment of the Total Price from you after concluding the Contract and before handing over the Goods. You can make payment of the Total Price in the following ways:

    • By bank transfer. We will send you the payment details within the Order confirmation. In case of payment by bank transfer, the Total Price is due within 48 hours.
    • By card online. In such a case, the payment takes place through the payment gateway ShoptetPay, and the payment is governed by the conditions of this payment gateway, which are available at the address: https://www.shoptetpay.com/cs/vseobecne-obchodni-podminky-shoptet-pay/ In case of payment by card online, the Total Price is due within 24 hours.
    • By cash on delivery. In such a case, the payment occurs upon delivery of the Goods against handover of the Goods. In case of payment by cash on delivery, the Total Price is due upon receipt of the Goods.
    • In cash at personal collection. Cash payment of the Goods is possible in case of collection at our facility. In case of payment in cash at personal collection, the Total Price is due upon receipt of the Goods. An invoice will be issued in electronic form after payment of the Total Price and will be sent to your email address. The invoice will also be physically attached to the Goods and available in the User Account. Ownership of the Goods passes to you only after you pay the Total Price and receive the Goods. In case of payment by bank transfer, the Total Price is considered paid upon crediting to our account; in other cases, it is paid at the moment of payment.

    DELIVERY OF GOODS, TRANSFER OF RISK OF DAMAGE TO THE GOODS The Goods will be delivered to you no later than within 5 working days, and you can choose from the following options:

    • Personal collection at the pickup points of the company DPD
    • Delivery via the transportation companies DPD The Goods can be delivered only within the Czech Republic. The delivery time of the Goods always depends on their availability and on the chosen method of delivery and payment. The estimated delivery time of the Goods will be communicated to you in the Order confirmation. The time stated in these Terms is only indicative and may differ from the actual delivery time. In case of personal collection at the facility, we will always inform you about the possibility of picking up the Goods via email. Upon receiving the Goods from the carrier, it is your obligation to check the integrity of the Goods' packaging and, in case of any defects, to report this fact immediately to the carrier and to us. In case of damage to the packaging indicating unauthorized manipulation and entry into the shipment, you are not obligated to accept the Goods from the carrier. If you violate your obligation to accept the Goods, except in cases according to Art. 4 of the Terms, this does not constitute a breach of our obligation to deliver the Goods to you. At the same time, your non-acceptance of the Goods does not constitute a withdrawal from the Contract between us and you. However, in such a case, we have the right to withdraw from the Contract due to your significant breach of the Contract. If we decide to withdraw from the Contract, the withdrawal is effective on the day we deliver this withdrawal to you. Withdrawal from the Contract does not affect the claim for payment of the Shipping Price, or the claim for compensation for damages, if any occurred. If, for reasons arising on your part, the Goods are to be delivered repeatedly or in a manner other than agreed in the Contract, it is your obligation to reimburse us for the costs associated with this repeated delivery. We will send you the payment details for these costs to your email address stated in the Contract, and they are due 14 days from the delivery of the email. The risk of damage to the Goods passes to you at the moment you take them over. In case you do not take over the Goods, except in cases according to Art. 4 of the Terms, the risk of damage to the Goods passes to you at the moment when you had the opportunity to take them over, but did not do so due to reasons on your part. The transfer of the risk of damage to the Goods means that from this moment, you bear all consequences associated with the loss, destruction, damage, or any devaluation of the Goods. In case the Goods were not stated as in stock in the E-shop and an indicative availability time was stated, we will always inform you in case of:
    • an extraordinary outage in the production of the Goods, and we will always inform you of the new expected availability time or information that it will not be possible to deliver the Goods;
    • a delay in delivering the Goods from our supplier, and we will always inform you of the new expected delivery time.

    RIGHTS FROM DEFECTIVE PERFORMANCE We guarantee that at the time of the transfer of the risk of damage to the Goods according to Art. 7 of the Terms, the Goods are without defects, in particular, that the Goods:

    • correspond to the agreed description, type, and quantity, as well as quality, functionality, compatibility, interoperability, and other agreed properties;
    • are suitable for the purpose for which you require them and with which we agree;
    • are delivered with the agreed accessories and instructions for use, including the manual for assembly or installation;
    • are suitable for the purpose for which goods of this type are usually used;
    • in terms of quantity, quality, and other properties, including durability, functionality, compatibility, and safety, correspond to the usual properties of goods of the same type that you can reasonably expect, also considering public statements made by us or another person in the same contractual chain, especially in advertising or labeling;
    • are delivered with accessories, including packaging, assembly manual, and other instructions for use that you can reasonably expect; and
    • correspond in quality or execution to the sample or model that was provided to you before the conclusion of the contract. Rights and obligations regarding rights from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of § 2099 to 2117 and § 2161 to 2174b of the Civil Code and the law No. 634/1992 Coll., on consumer protection, as amended). In case the Goods have a defect, namely if one of the conditions according to Art. 1 is not met, you can notify us of such defect and assert rights from defective performance (i.e., claim the Goods) by sending an email or letter to our addresses stated in our identification details. For the claim, you can also use a sample form provided by us, which constitutes Annex No. 1 of the Terms. In asserting the right from defective performance, it is necessary to choose how you want the defect to be resolved, and you cannot subsequently change this choice without our consent. We will handle the claim in accordance with the right from defective performance you have asserted. If the Goods have a defect, you have the following rights:
    • to elimination of the defect by delivery of new Goods without defects, or by delivering a missing part of the Goods; or
    • to elimination of the defect by repair of the Goods, unless the chosen method of defect elimination is impossible or disproportionately costly compared to the other method, which is assessed especially considering the significance of the defect, the value that the Goods would have without defects, and whether the other method can eliminate the defect without significant difficulties for you.

    We are entitled to refuse to eliminate the defect if it is impossible or disproportionately costly, especially considering the significance of the defect and the value that the Goods would have without defects. Furthermore, you have the right to:

    • a reasonable discount from the Price; or
    • withdrawal from the Contract, if:

    we refuse to eliminate the defect or do not eliminate it in compliance with legal regulations; the defect manifests repeatedly; the defect is a substantial breach of the Contract; or it is evident from our statement or the circumstances that the defect will not be eliminated within a reasonable time or without significant difficulties for you. The right to withdraw from the Contract does not apply if the defect of the Goods is insignificant. If you caused the defect on the Goods yourself, you are not entitled to rights from defective performance. Wear and tear of the Goods caused by their usual use or, in the case of used Goods, wear corresponding to the extent of their previous use, is not considered a defect of the Goods. When filing a claim, we will issue you a written confirmation stating:

    • the date when you filed the claim;
    • the content of the claim;
    • the method of handling the claim you request;
    • your contact details for the purpose of providing information about the handling of the claim. Unless we agree on a longer period, we will eliminate the defects and provide you with information about the handling of the claim to the stated contact details within 30 days from receiving the claim. If this period elapses in vain, you may withdraw from the Contract or demand a reasonable discount. We will inform you about the handling of the claim by email and issue you a confirmation of the date and method of handling the claim. If the claim is justified, you are entitled to reimbursement of reasonably incurred costs. You are required to prove these costs, for example, by receipts or confirmations of the price for transportation. If the defect was eliminated by delivering new Goods, it is your obligation to return the original Goods to us, however, we will bear the costs of this return. If you are an entrepreneur, it is your obligation to report and point out the defect without undue delay after you could have detected it, but no later than within three days from the receipt of the Goods. If you are a consumer, you have the right to assert rights from defective performance for a defect that occurs in consumer Goods within a period of 24 months from the receipt of the Goods.

    WITHDRAWAL FROM THE CONTRACT Withdrawal from the Contract, i.e., termination of the contractual relationship between us and you from its beginning, may occur for reasons and in the ways stated in this article, or in other provisions of the Terms where the possibility of withdrawal is explicitly stated. If you are a consumer, i.e., a person purchasing Goods outside the scope of your business activities, you have the right to withdraw from the Contract without stating a reason within 14 days from the day of conclusion of the Contract, or, if it involves the purchase of goods, then within fourteen days from their receipt. In case we have concluded a Contract, the subject of which is several pieces of Goods or delivery of several parts of Goods, this period starts running on the day of delivery of the last piece or part of the Goods, and in case we have concluded a Contract based on which we will deliver Goods to you regularly and repeatedly, it starts running on the day of delivery of the first delivery. You can withdraw from the Contract in any provable way (especially by sending an email or letter to our addresses stated in our identification details). For withdrawal, you can also use a sample form provided by us, which constitutes Annex No. 2 of the Terms. However, even as a consumer, you cannot withdraw from the Contract in cases where the subject of the Contract is performance stated in § 1837 of the Civil Code. The deadline for withdrawal according to Art. 2 of the Terms is considered preserved if you send us a notification that you are withdrawing from the Contract during its course. In case of withdrawal from the Contract according to Art. 2 of the Terms, you are obliged to send us the Goods within 14 days from the withdrawal and bear the costs associated with returning the goods to us. On the other hand, you are entitled to have us return the Shipping Price, but only to the extent corresponding to the cheapest offered method of delivery of the Goods that we offered for the delivery of the Goods. In case of withdrawal due to a breach of the concluded Contract by us, we also bear the costs associated with returning the goods to us, however, again only up to the amount of the Shipping Price corresponding to the cheapest offered method of delivery of the Goods that we offered at the time of delivery of the Goods. In case of withdrawal from the Contract, the Price will be returned to you within 14 days from the day of effectiveness of the withdrawal to the account from which it was credited, or to an account chosen by you for the withdrawal from the Contract. However, the amount will not be returned before we receive the Goods, or you prove that the Goods were sent back to us. Please return the Goods clean, if possible including the original packaging. In case of withdrawal from the Contract according to Art. 2 of the Terms, you are liable for any reduction in the value of the Goods that occurred as a result of handling the goods in a way other than necessary to familiarize yourself with the nature, properties, and functionality of the Goods, i.e., in a manner that you would familiarize yourself with the Goods in a brick-and-mortar store. If we have not yet returned the Price to you, we are entitled to offset the claim for costs against your claim for a refund of the Price. We are entitled to withdraw from the Contract at any time before we deliver the Goods to you if there are objective reasons why it is not possible to deliver the Goods (especially reasons on the part of third parties or reasons related to the nature of the Goods), even before the expiration of the period stated in Art. 1 of the Terms. We can also withdraw from the Contract if it is evident that you intentionally provided incorrect information in the Order. In case you purchase goods within the scope of your business activities, i.e., as an entrepreneur, we are entitled to withdraw from the Contract at any time, even without stating a reason.

    RESOLUTION OF DISPUTES WITH CONSUMERS We are not bound by any codes of conduct in relation to buyers within the meaning of § 1826(1)(e) of the Civil Code. We handle consumer complaints via the email address info@japaneserice.eu. We will send information about the handling of the complaint to the buyer's email address. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, internet address: http://www.coi.cz, is competent for out-of-court resolution of consumer disputes arising from the Contract. The online dispute resolution platform located at the internet address http://ec.europa.eu/consumers/odr can be used for resolving disputes between the seller and the buyer, who is a consumer, from a purchase contract concluded by electronic means. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz, is the contact point according to Regulation of the European Parliament and of the Council (EU) No. 524/2013 of 21 May 2013 on online resolution of consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (regulation on online resolution of consumer disputes).

    FINAL PROVISIONS If our and your legal relationship contains an international element (for example, if we are sending goods outside the territory of the Czech Republic), the relationship will always be governed by Czech law. However, if you are consumers, your rights arising from legal regulations are not affected by this arrangement. We will deliver all written correspondence to you via email. Our email address is stated in our identification details. We will deliver correspondence to your email address stated in the Contract, in the User Account, or through which you contacted us. The Contract can only be amended based on our written agreement. However, we are entitled to change and supplement these Terms, but this change does not affect already concluded Contracts, only Contracts that will be concluded after the effectiveness of this change. We will inform you about the change only if you have a User Account (so that you have this information in case you will be ordering new Goods, however, the change does not create a right to termination, as we do not have a Contract that could be terminated), or we have to deliver Goods to you regularly and repeatedly based on the Contract. We will send you information about the change to your email address at least 14 days before the effectiveness of this change. If we do not receive a termination of the concluded Contract on regular and repeated deliveries of Goods from you within 14 days from sending the information about the change, the new conditions become part of our Contract and apply to the next delivery of Goods following the effectiveness of the change. The notice period in case you submit a termination is 2 months. In case of force majeure or events that cannot be anticipated (natural disaster, pandemic, operational failures, outages of subcontractors, etc.), we do not bear responsibility for damage caused in consequence of or in connection with cases of force majeure, and if the state of force majeure lasts for a period longer than 10 days, both we and you have the right to withdraw from the Contract. Annex to the Terms is a sample form for a claim and a sample form for withdrawal from the Contract. The Contract including the Terms is archived in electronic form with us, but is not accessible to you. However, you will always receive these Terms and the Order confirmation with a summary of the Order by email, and you will thus always have access to the Contract without our cooperation. We recommend always saving the Order confirmation and the Terms. These Terms become effective on 20.6.2023

    ANNEX NO. 1 - FORM FOR CLAIM

    Recipient: M.Y.JAPAN s. r. o., Kladenská 88, 273 01 Lhota

    Claim Submission

    Date of Contract Conclusion:

    Name and Surname:

    Address:

    Email Address:

    Goods being claimed:

    Description of defects of the Goods:

    Proposed method for handling the claim:

    I also request the issuance of a confirmation of the claim submission stating the date when I asserted this right, the content of the claim, the method of handling the claim I request, along with stating my contact details for the purpose of providing information about the handling of the claim.

    Date:

    Signature:

    ANNEX NO. 2 - FORM FOR WITHDRAWAL FROM THE CONTRACT

    Recipient: M.Y.JAPAN s. r. o., Kladenská 88, 273 01 Lhota

    I hereby declare that I am withdrawing from the Contract:

    Date of Contract Conclusion:

    Name and Surname:

    Address:

    Email Address:

    Specification of the Goods subject to the Contract:

    Method for returning the received funds, or stating the bank account number:

    If the buyer is a consumer, they have the right, in case they ordered goods through the e-shop of the company M.Y.JAPAN s. r. o., Kladenská 88, 273 01 Lhota ("Company") or another means of remote communication, except in cases stated in § 1837 of Act No. 89/2012 Coll., Civil Code, as amended, to withdraw from the already concluded purchase contract within 14 days from the day of conclusion of the contract, or, if it involves the purchase of goods, then within fourteen days from their receipt. In case of a contract, the subject of which is several pieces of goods or delivery of several parts of goods, this period starts running on the day of delivery of the last piece or part of the goods, and in case of a contract based on which goods are to be delivered regularly and repeatedly, from the day of delivery of the first delivery.

    The buyer notifies the Company of this withdrawal in writing at the address of the Company's facility or electronically at the email address stated on the sample form.

    If the buyer, who is a consumer, withdraws from the purchase contract, they shall send or hand over the goods received from the Company to the Company without undue delay, no later than 14 days from the withdrawal from the purchase contract.

    If the buyer, who is a consumer, withdraws from the purchase contract, the Company shall return all monetary funds (purchase price of the delivered goods) including delivery costs received from them based on the purchase contract without undue delay, no later than 14 days from the withdrawal from the purchase contract, in the same manner. If the buyer chose another, more expensive method of delivery of goods than the cheapest method of delivery offered by the Company, the Company will return to the buyer the costs of delivery of goods only to the extent corresponding to the cheapest offered method of delivery of goods. The Company is not obliged to return the received funds to the buyer before the goods are returned or the buyer proves that the goods were sent back to the Company.

    Date:

    Signature:

    Before posting the terms on your e-shop, customize them according to your needs because these terms are only sample and universal.

    Be aware of specific provisions and exceptions for certain types of goods and services (especially providing digital content). Some goods or services are subject to special legal regulation that imposes additional requirements on their sale. These specifics are not considered in our sample.

    Also, be aware of some mandatory information, for example, if you require a deposit, adjust prices based on profiling, are an online marketplace, etc. By not stating some information, you might commit unfair commercial practices.

    These sample T&C are primarily for e-shops that sell goods mainly to consumers. If you mainly sell to businesses, you can adjust many provisions in your favor (such as rights from defects, withdrawal, etc.) after consulting with your legal representative.

    Rewrite according to the exact wording of your button. It must always be clear that the consumer will have an obligation to pay.

    If you do not allow an account, delete this part. If only registered users can shop at your site, you will need to make a more extensive customization of the terms and conditions.

    If you will require a deposit from the customer, you must add this information. That is, under what conditions and in what amount it will be required.

    In case you will be selling goods in returnable deposit-packaged containers, you again have an obligation to inform the consumer about this. And this can also be done through these terms.