General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following Terms and Conditions shall apply to all contracts concluded between you and us as the provider (UENO GOURMET AG) via the website ch.japan-gourmet.com. Unless otherwise agreed, the inclusion of any terms and conditions used by you is hereby rejected.
(2) A Consumer within the meaning of these provisions is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. An Entrepreneur is any natural or legal person or partnership with legal capacity acting in the exercise of their independent professional or commercial activity when entering into a legal transaction.
§ 2 Conclusion of the Contract
(1) The subject matter of the contract is the sale of goods.
Our offers on the Internet are non-binding and do not constitute a binding offer to conclude a contract.
(2) You may submit a binding purchase offer (order) via the online shopping cart system. The goods intended for purchase are placed in the “Shopping Cart”. You may access the shopping cart at any time and make changes using the corresponding button in the navigation bar. After clicking “Checkout” or “Proceed to Order” (or a similar designation) and entering your personal data as well as the payment and shipping details, the order data will be displayed as an order summary.
Before submitting the order, you have the opportunity to review, amend or cancel your entries (including by using the “Back” function of your Internet browser). By submitting the order via the corresponding button (“Order with obligation to pay”, “Buy Now”, “Place Order”, or similar wording), you submit a legally binding offer.
(3) Acceptance of the offer and thus conclusion of the contract shall take place immediately after the order is placed by means of confirmation in text form (e.g. e-mail) confirming execution of the order or dispatch of the goods.
(4) If you do not receive such confirmation, you are no longer bound by your order. Any payments already made will be refunded without undue delay.
(5) Requests for quotations submitted by you are non-binding. We shall provide you with a binding offer in text form (e.g. by e-mail), which you may accept within five (5) days unless a different acceptance period is specified in the respective offer.
(6) Order processing and transmission of all information required in connection with the conclusion of the contract are carried out partly by automated e-mail communication. You must therefore ensure that the e-mail address provided by you is correct, that receipt of e-mails is technically possible and, in particular, that it is not prevented by spam filters.
§ 3 Contract Term / Termination of Subscription Agreements
(1) Subscription agreements are concluded for an indefinite period. Unless otherwise stated in the respective offer, either party may terminate the agreement by giving one month’s notice effective at the end of a calendar month.
(2) The right to terminate without notice for good cause shall remain unaffected.
(3) Any notice of termination must be submitted either in text form (e.g. e-mail) or via the cancellation button integrated into our website (“Cancel Contracts Here” or a similar designation).
§ 4 Special Provisions Regarding Payment Methods
(1) Payment via PayPal / PayPal Checkout
Where a payment method offered via PayPal or PayPal Checkout is selected, payment processing shall be carried out by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. For further information, please refer to https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
(2) Payment via Mollie
Where a payment method offered via Mollie is selected, payment processing shall be carried out by Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, The Netherlands. For further information, please refer to https://www.mollie.com/de.
§ 5 Voucher Terms and Conditions
(1) Unless otherwise specified in the offer or on the voucher, we are the issuer of the voucher.
(2) Purchased vouchers entitle the holder to redeem the voucher value within the validity period in our online shop at ch.japan-gourmet.com and, where indicated, in our physical store.
(3) Vouchers are valid for three (3) years from the end of the calendar year in which they were purchased, unless a different validity period is specified.
(4) Full payment of the purchase price of the voucher is required before redemption.
(5) Only one voucher may be redeemed per order.
(6) Refunds or exchanges of vouchers after purchase are excluded unless mandatory statutory provisions provide otherwise.
(7) Vouchers may be transferred to third parties.
§ 6 Right of Retention and Retention of Title
(1) You may exercise a right of retention only insofar as your claim arises from the same contractual relationship.
(2) The goods shall remain our property until full payment of the purchase price has been received.
(3) If you are an Entrepreneur:
- a) We retain title to the goods until all claims arising from the ongoing business relationship have been settled in full.
- b) You may resell the goods in the ordinary course of business. In such case, you hereby assign to us all claims arising from such resale in the amount of the invoice value. We accept such assignment.
- c) If the goods are combined or mixed with other items, we shall acquire co-ownership in the new item in proportion to the invoice value of the reserved goods.
- d) Upon request, we shall release securities to the extent that the realizable value of our securities exceeds the secured claim by more than 10%.
§ 7 Warranty
(1) Statutory warranty rights shall apply.
(2) Consumers are requested to inspect the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier as soon as possible of any complaints. Failure to do so shall not affect statutory warranty rights.
(3) Any deviation from objective requirements of the goods shall only be deemed agreed if you were informed of such deviation prior to submitting your contractual declaration and the deviation was expressly agreed between the parties.
(4) If you are an Entrepreneur:
- a) Only our own specifications and the manufacturer's product description shall be deemed agreed characteristics of the goods.
- b) In the event of defects, we shall provide remedy at our discretion by repair or replacement.
- c) The warranty period shall be one year from delivery of the goods, except where mandatory statutory provisions provide otherwise.
§ 8 Governing Law, Place of Performance and Jurisdiction
(1) Swiss law shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
(2) The place of performance for all obligations arising from the contractual relationship shall be Volketswil, Switzerland.
(3) To the extent permitted by mandatory law, the exclusive place of jurisdiction shall be Volketswil, Switzerland.
(4) The CISG shall not apply.
§ 9 Protection of Minors
(1) Alcoholic beverages are sold exclusively to persons aged 18 years or older.
Any applicable age restrictions are indicated in the respective product description.
We reserve the right to perform electronic age verification prior to acceptance of an order. If legal age cannot be verified, we may reject or cancel the order.
§ 10 Age Verification
(1) Alcoholic beverages are sold exclusively to persons aged 18 years or older.
(2) We are entitled to conduct an electronic age verification process prior to completion of an order.
(3) If legal age cannot be verified, we reserve the right to reject or cancel the order.
(4) Age verification serves solely to verify the customer's legal age.
(5) Identification data, dates of birth and copies of identification documents are not stored. Optionally, only the timestamp of a successfully completed age verification may be stored in order to avoid repeated age verification for future orders.
II. Customer Information
1. Identity of the Seller
UENO GOURMET AG
c/o Reviduna Revisions AG | Reviduna Consulting AG
Chriesbaumstrasse 6
CH-8604 Volketswil
Switzerland
Telephone: +49 6173 940 686
E-mail: info@japan-gourmet.com
We are neither obliged nor generally willing to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on the Conclusion of the Contract
The technical steps leading to the conclusion of the contract, the conclusion of the contract itself and correction options are governed by § 2 of these Terms and Conditions.
3. Contract Language and Storage of Contract Text
The contract language is German.
The complete contract text is not stored by us. Before submitting the order, the contract data may be printed or saved electronically using your browser functions.
4. Codes of Conduct
We adhere to the quality criteria of Trusted Shops GmbH, where applicable. You can view the criteria at https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf.
5. Essential Characteristics of the Goods and Services
The essential characteristics of the goods and/or services are set out in the respective offer.
6. Prices and Payment Terms
6.1. All prices stated are total prices and include all applicable taxes.
6.2. Shipping costs are shown separately during the ordering process unless free shipping has been expressly agreed.
6.3. Unless otherwise stated, payment is due immediately upon conclusion of the contract.
7. Delivery Conditions
7.1. Delivery conditions, delivery periods and any delivery restrictions are specified on our website and in the respective offer.
7.2. For consumers, the risk of accidental loss or deterioration passes upon delivery of the goods. For entrepreneurs, delivery and shipment are at the entrepreneur's risk.
8. Statutory Warranty Rights
Statutory warranty rights are governed by § 7 of these Terms and Conditions.
9. Contract Term / Termination
Information regarding subscription terms and termination conditions can be found in § 3 of these Terms and Conditions and in the respective offer.
These General Terms and Conditions and Customer Information were created by the IT law specialists of the Händlerbund and are permanently reviewed for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and assumes liability in the event of warnings. For more information, please visit https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.