The text below was translated automatically from German for your convenience. If there are any discrepancies between the German and the English version, the German version shall prevail.
Terms and conditions of use
Western Limex KG, Südtiroler Platz 8, Vienna 1040, Austria, Managing Director Luis Santacruz, firstname.lastname@example.org (hereinafter "MiniJapanShop"; Western Limex KG; or "we"), operates at the Internet address www.minijapanshop.eu (hereinafter referred to as "Shop") the online shop called "Mini Japan Shop EU". For all orders that you place via the website and for our deliveries and services, the following general terms and conditions apply exclusively in the version valid at the time of the order. We do not recognize any deviating provisions of the customer unless we have agreed to their validity in writing.
The following terms and conditions apply to all orders placed through our online shop by consumers and companies.
A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity. Company is a natural or legal person or a legal partnership that acts in the course of a legal transaction in the exercise of its commercial or independent professional activity.
With respect to companies, these terms and conditions also apply to future business relationships without having to refer to them again. If the company uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they only become part of the contract if we have expressly agreed to them.
2. Contractual partner, conclusion of contract
The purchase contract is concluded with Western Limex KG. We do not offer products for purchase by anyone under the age of 14. Contractual partners can only be persons older than 15 years. Our figures are NOT TOYS and may not be given to anyone under the age of 14. With the conclusion of the contract, the contractual partner takes note of this. By placing an order of products through our online shop, we make a non-binding offer to conclude a contract for these items. You can initially place our products in the shopping cart without obligation to purchase and correct your entries at any time before sending the order. A binding contract between you and Western Limex KG only arises when we dispatch the ordered goods by post or courier. Western Limex KG is entitled to reject an order on your part without giving reasons, especially when the order includes an item that is out of stock.
Immediately after submitting the order, you will receive another confirmation by email.
The contract text is not stored by us.
3. Delivery conditions and shipping fees
In addition to the specified product prices, shipping costs are added and they depend on location of delivery. Unless specified, all of our delivery include a tracking number and are insured. If a the customer chooses a shipping method marked as not being insured and not having a tracking number the customer releases us from all responsibilities in the case of loss or theft of the delivery. If the location of delivery is outside of the customs union of the European Union, or outside of Norway, taxes and/or duties may be due upon delivery. Such taxes and duties are the responsibility of the customer. A detailed overview of shipping costs is available on: https://minijapanshop.eu/en/content/1-delivery .
4. Payment methods
For a full list of payment methods is available on https://minijapanshop.eu/en/content/5-secure-payment-methods .
5. Right of withdrawal & return costs in the event of withdrawal
5.a. Private consumers inside the EU are entitled to the statutory right of purchase withdrawal as described in the cancellation policy. Some products (e.g. individualized products) are excluded from the right of withdrawal and are marked as such. In the event of cancellation, you have to bear the immediate costs of the return. You have to bear the regular costs of the return if your order value before shipping fees is under 40 EUR. If your order before shipping fees is above 40 EUR we will reimburse the immediate costs of return. Additional costs, e.g. Any change in our place of business or in the use of expensive transport services that we require is at our expense. We reserve the right to limit, suspend or terminate accounts with high return ratios in our sole discretion.
Cancellation policy to 5.a.: You have the right to cancel the purchase contract within 14 days without giving any reason. The 14 days begin on the day on which you or a third party known to you, who is not the carrier, received the goods. In order to exercise your right of cancellation, you must inform us of your wish to cancel the contract before the 14 day cancellation period expires.
5.b. Private consumers outsde the EU are not entitled to a withdrawal as described in the cancellation policy.
5.c. All companies are not granted a voluntary right of purchase withdrawal.
6. Retention of property
The goods remain our property until full payment.
For companies, the following also applies: We reserve ownership of the goods until all claims from an ongoing business relationship have been paid in full. You may resell the reserved goods in the ordinary course of business; You assign all claims arising from this resale to us in advance in the amount of the invoice - regardless of a connection or mixing of the reserved goods with a new item - and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.
7. Transport damage
If goods are delivered with obvious transport damage, please report such errors to the deliverer as soon as possible and please contact us immediately. Failure to make a complaint or contact us will have no consequences for your legal claims and their enforcement, especially your warranty rights. However, they help us to be able to assert our own claims against the carrier or transport insurance.
8. Warranties and guarantees
The statutory liability for defects applies. Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.
Customer service: You can reach our customer service at any time by email to email@example.com, by contacting us on https://www.instagram.com/minijapanshop.eu/ or on https://www.facebook.com/MiniJapanShop.eu/ or through our contact form on https://minijapanshop.eu/en/contact-us .
We are always liable without limitation for claims due to damage caused by us, our legal representatives or vicarious agents, in the event of injury to life, limb or health, in the event of willful or grossly negligent breach of duty,
in the case of a promise to guarantee, insofar as agreed, insofar as the scope of the Product Liability Act is open, in the event of a breach of essential contractual obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the contractual partner can regularly rely (cardinal obligations), due to slight negligence on the part of us, our legal representatives or vicarious agents, the amount of liability is limited to the damage that was foreseeable at the time the contract was concluded, and typically occurs. In addition, claims for damages are excluded.
10. Final provisions
Austrian law applies to the legal relationship between you and us, without the reference standards of private international law and to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISGG). If you are a consumer, the law may also apply to yours, provided that it is mandatory consumer law provisions.
If you are a merchant within the meaning of the Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business, Vienna.