Article 1 – Definitions
Article 2 – Identity of the Entrepreneur
Article 3 – Applicability
Article 4 – The Offer
Article 5 – The Agreement
Article 6 – Right of Withdrawal
Article 7 – Costs in Case of Withdrawal
Article 8 – Exclusion of the Right of Withdrawal
Article 9 – Price
Article 10 – Conformity and Warranty
Article 11 – Delivery and Execution
Article 12 – Long-Term Transactions: Duration, Termination, and Renewal
Article 13 – Payment
Article 14 – Complaints Procedure
Article 15 – Disputes
Article 16 – Additional or Deviating Provisions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Reflection Period: the period during which the consumer can exercise their right of withdrawal.
Consumer: the natural person who does not act for professional or business purposes and enters into a distance contract with the entrepreneur.
Day: calendar day.
Long-Term Transaction: a distance contract concerning a series of products and/or services, where the delivery and/or performance obligations are spread over time.
Durable Medium: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.
Right of Withdrawal: the consumer's ability to withdraw from a distance contract within the reflection period.
Model Withdrawal Form: the template provided by the entrepreneur, which the consumer can use to exercise their right of withdrawal.
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance.
Distance Contract: an agreement concluded within a system organized by the entrepreneur for the sale of products and/or services at a distance, using one or more means of distance communication up to and including the conclusion of the agreement.
Means of Distance Communication: any tool that can be used for concluding a contract without the consumer and entrepreneur being physically present in the same location.
Terms and Conditions: these Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Nippon Kawaii
Business Address:
Boerenkamplaan 102
5712 AH Someren-Eind

Email: info@nipponkawaii.nl
Chamber of Commerce number: 65109740
VAT Identification number: NL002151238B34

Article 3 – Applicability

These terms and conditions apply to all offers from the entrepreneur and to all distance contracts and orders concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these terms and conditions is made available to the consumer. If this is not reasonably possible, it will be indicated before the contract is concluded that the terms and conditions can be inspected at the entrepreneur's premises and will be sent free of charge at the consumer’s request.
If the distance contract is concluded electronically, in deviation from the previous paragraph, the text of these terms and conditions may be made available electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, the consumer will be informed where the terms and conditions can be accessed electronically and that they will be sent free of charge upon request.
In cases where specific product or service terms also apply, paragraphs 2 and 3 apply accordingly. In case of conflicting terms, the consumer may invoke the provision most favorable to them.
If any provision of these terms is wholly or partially nullified or annulled, the remaining provisions remain in effect, and the invalid provision will be replaced promptly by a provision approximating the original intent.
Situations not covered by these terms are assessed in the spirit of these terms and conditions.
Any ambiguities in the interpretation or content of one or more provisions of these terms shall be construed in the spirit of these terms and conditions.

Article 4 – The Offer

If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur reserves the right to modify or adjust the offer.
The offer provides a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make a proper assessment. Any images used represent a truthful depiction of the products and/or services. Obvious mistakes or errors do not bind the entrepreneur.
All images and specifications are indicative and do not give rise to claims for damages or contract termination.
Images of products represent the products truthfully. The entrepreneur cannot guarantee that the colors shown match the actual product colors exactly.
Each offer contains sufficient information for the consumer to understand the rights and obligations associated with accepting the offer, including in particular:

price including taxes;
any shipping costs;
the method by which the contract will be concluded and necessary steps;
whether the right of withdrawal applies;
payment, delivery, and performance methods;
the acceptance period for the offer or the period during which the price is guaranteed;
the rate for distance communication if charged differently than the standard rate for the used communication method;
whether the contract will be archived, and how the consumer can access it;
how the consumer can review and correct data provided before concluding the contract;
any other languages in which the contract may be concluded;
codes of conduct the entrepreneur adheres to, and how the consumer can access them electronically;
minimum duration of the contract in case of a long-term transaction.

Article 5 – The Agreement

The agreement is concluded at the moment the consumer accepts the offer and fulfills the stated conditions, subject to paragraph 4.
If the consumer accepts the offer electronically, the entrepreneur will confirm receipt without delay. Until this confirmation, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If electronic payment is possible, appropriate security measures will be applied.
The entrepreneur may, within legal limits, verify whether the consumer can meet their payment obligations and consider relevant factors before entering into the contract. If there are valid grounds, the entrepreneur may refuse a request or order or attach special conditions to the execution.
With the product or service, the entrepreneur will provide the following information in writing or in a form that can be stored on a durable medium:

business address for complaints;
conditions and method for exercising the right of withdrawal, or information on exclusion;
warranty and after-sales service information;
data included under Article 4(3), unless already provided before execution;
requirements for terminating a long-term contract exceeding one year or of indefinite duration.

For long-term transactions, the provisions of the previous paragraph apply only to the first delivery.
Every agreement is concluded under the condition of sufficient product availability.

Article 6 – Right of Withdrawal

For the delivery of products:

The consumer may cancel the agreement without reason within 14 days. The reflection period begins the day after the product is received by the consumer or their authorized representative.
During the reflection period, the consumer must handle the product and packaging carefully and only use it to the extent necessary to assess whether they wish to keep it. If exercising the right of withdrawal, the product, including all accessories, must be returned in original condition and packaging if reasonably possible, according to the entrepreneur's instructions.
The consumer must notify the entrepreneur of their decision to withdraw within 14 days after receiving the product, using the model withdrawal form or other communication. After notification, the consumer must return the product within 14 days and provide proof of timely shipment.
If the consumer fails to notify or return the product within the deadlines, the purchase is considered final.

For the delivery of services:

The consumer may cancel the agreement without reason for at least 14 days, starting on the day the agreement is concluded.
To exercise this right, the consumer must follow the reasonable and clear instructions provided by the entrepreneur at the time of the offer or delivery.

Article 7 – Costs in Case of Withdrawal

The consumer bears the direct cost of returning the product.
If the consumer has paid an amount, the entrepreneur will refund it as soon as possible, and no later than 14 days after withdrawal, provided the product has been received or proof of return is provided. Refunds will be made using the same payment method unless the consumer explicitly agrees to another method.
The consumer is liable for any diminished value resulting from careless handling of the product.
The consumer is not liable for product depreciation if the entrepreneur failed to provide all legally required information regarding the right of withdrawal before the agreement was concluded.

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion is valid only if clearly stated in the offer or before the agreement is concluded.
Exclusion applies to products that:

are made according to consumer specifications;
are clearly personal in nature;
cannot be returned due to their nature;
may deteriorate or expire quickly;
have prices tied to financial market fluctuations outside the entrepreneur’s control;
include single newspapers or magazines;
include audio, video recordings, or software if the seal has been broken;
include hygienic products if the seal has been broken.

Exclusion applies to services that:

concern accommodation, transport, restaurant services, or leisure activities on a specific date or period;
begin with the consumer’s explicit consent before the reflection period expires;
include betting and lotteries.

Article 9 – Price

During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for changes resulting from adjustments in VAT rates.
Notwithstanding the previous paragraph, the entrepreneur may offer products or services with prices tied to fluctuations in financial markets beyond the entrepreneur’s control at variable prices. Such dependency on fluctuations and the indication that any listed prices are reference prices will be stated in the offer.
Price increases within three months after the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.
Price increases after three months from the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

they result from statutory regulations or provisions; or
the consumer has the right to terminate the agreement as of the day the price increase takes effect.

Prices stated in the offer for products or services include VAT.
All prices are subject to printing and typographical errors. The entrepreneur accepts no liability for such errors. In case of errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications listed in the offer, the reasonable requirements of reliability and/or usability, and applicable statutory provisions and government regulations at the time of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
A warranty provided by the entrepreneur, manufacturer, or importer does not affect the consumer’s statutory rights and claims under the agreement against the entrepreneur.
All products are subject to statutory warranty. The duration of the statutory warranty may vary depending on the type of product.
Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within two months after discovery.
The warranty does not apply if:

the consumer has repaired or modified the delivered products themselves, or had them repaired or modified by third parties;
the delivered products were exposed to abnormal circumstances, handled carelessly, or used contrary to the entrepreneur’s instructions or packaging guidelines;
the defect is wholly or partly due to governmental regulations regarding the type or quality of the materials used.

Article 11 – Delivery and Execution

The entrepreneur will exercise the greatest possible care when receiving and executing orders for products and assessing requests for services.
The place of delivery is the address provided by the consumer to the entrepreneur.
Subject to paragraph 4, the entrepreneur will execute accepted orders promptly, but no later than 30 days, unless the consumer agrees to a longer delivery period. If delivery is delayed, or if an order cannot be executed in full or in part, the consumer will be notified no later than 30 days after placing the order. In such cases, the consumer has the right to terminate the agreement at no cost. The consumer is not entitled to contractual compensation.
All delivery times are indicative. The consumer cannot derive any rights from mentioned terms. Exceeding a term does not entitle the consumer to contractual compensation.
In case of termination under paragraph 3, the entrepreneur will refund the consumer as soon as possible, but no later than 14 days after termination.
If delivery of an ordered product proves impossible, the entrepreneur will make reasonable efforts to provide a replacement product. At delivery, it will be clearly indicated if a replacement is provided. The right of withdrawal cannot be excluded for replacement products. Any return costs will be borne by the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until delivery to the consumer or a designated representative known to the entrepreneur, unless explicitly agreed otherwise.

Article 12 – Long-Term Transactions: Duration, Termination, and Renewal

Termination

The consumer may terminate an agreement concluded for an indefinite period for regular delivery of products (including electricity) or services at any time, subject to agreed termination rules and a notice period of maximum one month.
The consumer may terminate a fixed-term agreement for regular delivery of products (including electricity) or services at the end of the fixed term, subject to agreed termination rules and a notice period of maximum one month.
The consumer may:

terminate such agreements at any time and is not limited to a specific moment or period;
terminate in the same manner as the agreement was concluded;
terminate with the same notice period as the entrepreneur stipulated for themselves.

Renewal

A fixed-term agreement for regular delivery of products or services may not be renewed or extended silently for a specified term.
An exception applies to fixed-term agreements for regular delivery of daily, news, or weekly newspapers and magazines, which may be renewed silently for up to three months, provided the consumer can terminate before the end of the extended period with a notice period of maximum one month.
Fixed-term agreements for regular delivery of products or services may only be silently extended indefinitely if the consumer can terminate at any time with a notice period of maximum one month, or maximum three months for regular deliveries of daily, news, or weekly newspapers and magazines less than once per month.
Trial or introductory subscriptions for regular delivery of daily, news, or weekly newspapers and magazines are not silently renewed and end automatically at the end of the trial period.

Duration

For agreements longer than one year, the consumer may terminate the agreement at any time after one year with a notice period of maximum one month, unless reasonableness and fairness prevent termination before the end of the agreed term.

Article 13 – Payment

Unless agreed otherwise, amounts due by the consumer must be paid within seven days after the start of the reflection period referred to in Article 6(1). For service agreements, this period starts upon receipt of confirmation of the agreement.
The consumer must promptly notify the entrepreneur of any inaccuracies in the provided payment details.
In case of consumer default, the entrepreneur has the right, within legal limits, to charge reasonable costs previously communicated to the consumer.

Article 14 – Complaints Procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles complaints according to this procedure.
Complaints about execution must be submitted in full and clearly within two months after the consumer discovers the defects.
Complaints are answered within 14 days of receipt. If more time is required, the entrepreneur will acknowledge receipt within 14 days and indicate when a more detailed response can be expected.
If the complaint cannot be resolved mutually, a dispute arises eligible for dispute resolution.
Consumers should first contact the entrepreneur. If the store is a WebwinkelKeur member and the complaint cannot be resolved, the consumer may contact WebwinkelKeur (www.webwinkelkeur.nl) for free mediation. Verify membership at https://www.webwinkelkeur.nl/ledenlijst/. If unresolved, the independent dispute committee appointed by WebwinkelKeur may handle the complaint. Its decision is binding for both entrepreneur and consumer. Costs for submitting a dispute are borne by the consumer.
Filing a complaint does not suspend the entrepreneur’s obligations unless stated otherwise in writing.
If a complaint is deemed valid, the entrepreneur will, at their discretion, replace or repair the products free of charge.

Article 15 – Disputes

Agreements between the entrepreneur and consumer are governed exclusively by Dutch law, even if the consumer resides abroad.
The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.

Article 16 – Additional or Deviating Provisions

Any additional or deviating provisions must not be detrimental to the consumer and must be recorded in writing or in a manner accessible to the consumer on a durable medium.

Nippon Kawaii

Terms and conditions

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