Japan Premium Pet

General Terms and Conditionsfor E-Shops

Effective from 30.06.2023

These general terms and conditions ("Terms") of JAPAN PREMIUM s.r.o., with registered office at Ve Vilách 451/8, Beroun-Město, 266 01 Beroun, ID No. 14423995, registered in the Commercial Register under No. C 365286/MSPH kept at the Municipal Court in Prague, e-mail office@japanpremium.eu, telephone number 739 039 760, business address Ringhofferova 115/1, 155 21 ("We" or "Seller") regulate in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll, Civil Code, as amended (the "Civil Code"), the mutual rights and obligations of You, as the Buyer, and Us, as the Seller, arising in connection with or based on the purchase contract (the "Contract") concluded through the E-shop on the website www.japanpremium.eu

All information about the processing of your personal data is contained in the Personal Data Processing Policy, which can be found at www.japanpremium.eu/obchodnipodminky

The provisions of these Terms and Conditions form an integral part of the Contract. The Contract and the Terms and Conditions are drawn up in the Czech language. We may unilaterally amend or supplement the Terms and Conditions. This provision does not affect any rights and obligations arising during the period of effectiveness of the previous version of the Terms.

As you know, we primarily communicate remotely. Therefore, our Contract is also subject to the use of means of distance communication that allow us to agree with each other without the simultaneous physical presence of Us and You, and the Contract is thus concluded remotely in the E-shop environment, through the interface of the website ("E-shop web interface").

If any part of the Terms contradicts what We have mutually agreed as part of the process of Your purchase on Our E-Shop, that particular agreement will prevail over the Terms.

1. Some Definitions

Price means the amount of money you will pay for the Goods;

the Shipping Price is the amount of money You will pay for the delivery of the Goods, including the cost of packing them;

The Total Price is the sum of the Price and the Shipping Charge;

VAT is value added tax in accordance with applicable law;

The Invoice is a tax document issued in accordance with the Value Added Tax Act for the Total Price;

The Order is Your binding proposal to enter into a Contract for the purchase of Goods with Us;

User Account means an account set up on the basis of the data provided by You, which allows the storage of the data entered and the storage of the history of Goods ordered and Contracts concluded;

You are the person shopping on Our E-shop, legally referred to as the buyer;

the Goods are anything you can purchase on the E-Shop.

2. General Provisions and Instructions

Purchase of Goods is only possible through the web interface of the E-shop.

When purchasing Goods, it is Your responsibility to provide Us with all information correctly and truthfully. We will therefore consider the information You have provided to Us in the Order to be correct and true.

We also provide access to reviews of the Goods made by other consumers on Our E-Shop. We ensure and control the authenticity of such reviews by linking the reviews to specific Orders, so that we can see the linked Order ID for each review in our internal system and are able to verify and prove that the review is from a real consumer.

3. Contract Conclusion

A contract with Us can only be concluded in the Czech language.

The contract is concluded remotely via the E-shop, with the costs of using remote means of communication being borne by You. However, these costs do not differ in any way from the basic rate you pay for the use of these means (i.e. in particular for access to the Internet), so you do not have to expect any additional costs charged by Us beyond the Total Price. By submitting an Order, You agree to Our use of remote communication facilities.

In order for Us to enter into the Contract, You must create an Order on the E-Shop. This must include the following information:

Information about the Goods you are purchasing (on the E-shop you indicate the Goods you are interested in purchasing by clicking on the "Add to Cart" button);

Information about the Price, Shipping Charge, method of payment of the Total Price and the desired method of delivery of the Goods;

Your identification and contact details used to enable us to deliver the Goods, in particular your name, surname, delivery address, telephone number and email address.

During the creation of the Order, the Customer may change and check the data until its completion. After checking by pressing the "Order with payment obligation" button, you will complete the Order. However, before pressing the button, you must confirm that you have read and agreed to these Terms and Conditions, otherwise you will not be able to complete the Order.

We will confirm your Order as soon as possible after it is received by Us by a message sent to your e-mail address entered in the Order. The confirmation will include a summary of the Order and these Terms as an attachment to the email message. Confirmation of the Order constitutes the conclusion of the Contract between Us and You.

There may be occasions when We are unable to confirm an Order to You. This includes situations where the Goods are not available or where You order more Goods than We are able to supply. If there is any reason why we cannot confirm an Order, we will contact you and send you an offer to enter into a Contract in a modified form compared to the Order.

In the event that a manifestly incorrect Price is quoted within the E-shop or in the Order, We are not obliged to deliver the Goods to You at that Price even if You have received confirmation of the Order and the Contract has therefore been concluded. In such a situation, we will contact you immediately and send you an offer to enter into a new Contract in an amended form.

In the event that the Contract is concluded, You shall be obliged to pay the Total Price.

If you have set up a User Account, you may place an Order through it. However, even in this case, you are obliged to check the accuracy, truthfulness and completeness of the pre-filled data.

In some cases we allow you to take advantage of a discount on the purchase of Goods. In order for the discount to be granted, you must fill in the details of the discount in the pre-designated field within the Order proposal.

4. User Account

You can access your User Account based on your registration within the E-shop.

When registering for a User Account, it is your responsibility to provide all the details you enter correctly and truthfully and to update them if they change.

Access to the User Account is secured by a username and password. It is Your responsibility to maintain confidentiality regarding these access details and not to disclose these details to anyone. In the event that they are misused, we shall not be liable for this.

The user account is personal and you are therefore not entitled to allow third parties to use it.

We may cancel your User Account, in particular if you have not used it for more than 1 year or if you breach your obligations under the Agreement.

The User Account may not be available continuously, in particular with regard to necessary maintenance of hardware and software.

5. Pricing and Payment Terms, Retention of Title

The price is always indicated within the E-shop, in the Order proposal and of course in the Contract. In the event of a discrepancy between the Price stated for the Goods within the E-shop and the Price stated in the Order Proposal, the Price stated in the Order Proposal shall apply.

The total Price is quoted inclusive of VAT including any charges provided for by law.

Payment of the Total Price will be required from You after the Contract has been concluded and before delivery of the Goods. You may pay the Total Price by the following methods:

By bank transfer. We will send you the information for making the payment within the Order confirmation. In the case of payment by bank transfer, the Total Price is payable within 72 hours.

By online card. In this case, payment is made through the COMGATE payment gateway. In the case of payment by card online, the Total Price is payable immediately.

Cash on delivery. In this case, payment will be made on delivery of the Goods. The Total Price is payable on receipt of the Goods.

Cash on collection in person. Cash can be paid for Goods in the event of collection at Our premises. The Total Price is payable on receipt of the Goods.

An invoice will be issued electronically upon payment of the Total Price and will be sent to Your email address.

Title to the Goods will only pass to You once You have paid the Total Price and accepted the Goods.

6. Delivery of the Goods

The goods will be delivered to you within 3 days by the method of your choice, whereby you may choose from the following options:

Personal collection at Our premises listed in the list of premises;

Personal collection at the company's outlets, such as Zásilkovna, Uloženka;

Delivery via transport companies Czech Post, PPL CZ, DHL, Zásilkovna, Wedo;

The goods can be delivered only within the Czech Republic.

The delivery time of the Goods always depends on their availability and the chosen method of delivery and payment. The estimated delivery time will be communicated to you in the Order confirmation.

Upon receipt of the Goods from the carrier, it is Your responsibility to check the integrity of the packaging and in the event of any defects to notify the carrier and Us immediately.

In the event that You breach Your obligation to accept the Goods, this shall not result in a breach of Our obligation to deliver the Goods to You. However, We shall have the right to withdraw from the Contract on the grounds of Your material breach.

If, for reasons arising on Your side, the Goods are delivered repeatedly or in a different manner than agreed, it is Your obligation to reimburse Us for the costs of such repeated delivery.

The risk of damage to the Goods shall pass to You when You take delivery of them.

In the event that the Goods have not been listed as in stock in the E-shop, we will always inform you in the event of extraordinary delays or unavailability.

7. Defective Performance Rights

We warrant that at the time the risk of damage passes, the Goods are free from defects — they correspond to the agreed description, type, quality, functionality, and are fit for their intended purpose.

The rights and obligations regarding defective performance are governed by the applicable legal provisions (Sections 2099 to 2117 and 2161 to 2174b of the Civil Code and Act No. 634/1992 Coll.).

In the event that the Goods are defective, you may notify Us by sending an e-mail or letter to Our addresses, or in person at Ringhofferova 115/1, 155 21.

If the Goods are defective, You have the right to remedy by supplying new Goods without the defect or by repair, unless the chosen method is impossible or disproportionately costly.

We shall be entitled to refuse to remedy the defect if it is impossible or unreasonably costly.

You are also entitled to a reasonable discount on the Price or withdrawal from the Contract if we refuse or fail to remedy the defect, the defect is repeated, or the defect is a material breach.

There is no right to withdraw from the Contract if the defect is insignificant.

If you have caused the defect yourself, you shall not be entitled to any rights under defective performance.

A defect is not wear and tear caused by normal use of the Goods.

When you make a claim, we will issue a written confirmation with the date, subject, method of settlement, and your contact details.

We will remedy defects within 30 days of receipt of the complaint. If this period expires, you may withdraw from the Contract or demand a reasonable discount.

We will inform You of the resolution by email. If the claim is justified, you are entitled to a refund of reasonable costs incurred.

If You are a business, you must notify the defect without undue delay, no later than three days after receiving the Goods.

If you are a consumer, you have the right to exercise your rights for a defect occurring within 24 months of receipt.

8. Withdrawal from the Contract

Withdrawal from the Contract means the termination of the contractual relationship from its inception.

If you are a consumer, you have the right to withdraw without giving any reason within 14 days from receipt of the goods.

You may withdraw by any demonstrable means — email, letter, or the sample form attached to these Terms.

Even as a consumer, you may not withdraw in cases specified in Section 1837 of the Civil Code.

The withdrawal period is deemed observed if you send the notice during the withdrawal period.

In the event of withdrawal, you must send the Goods to Us within 14 days. You bear the costs of returning the Goods and are entitled to a refund of the Shipping Charge up to the cheapest delivery method.

The Price will be refunded within 14 days of the effective date of withdrawal. However, the amount will not be refunded until We have received the Goods or proof of their return.

You shall be liable for any diminution in value resulting from handling beyond what is necessary to familiarize yourself with the Goods.

We may withdraw at any time before delivering the Goods if there are objective reasons preventing delivery, or if incorrect information was deliberately provided.

9. Dispute Resolution with Consumers

We are not bound by any codes of conduct in relation to buyers within the meaning of the Civil Code.

We handle consumer complaints via office@japanpremium.eu.

The Czech Trade Inspection Authority (Štěpánská 796/44, 110 00 Prague 1) is competent for out-of-court settlement of consumer disputes. The online dispute resolution platform is available at http://ec.europa.eu/consumers/odr.

The European Consumer Centre Czech Republic (Štěpánská 796/44, 110 00 Prague 1, http://www.evropskyspotrebitel.cz) is the contact point under Regulation (EU) No 524/2013.

10. Final Provisions

If our legal relationship has an international element, it will be governed by the law of the Czech Republic. However, consumer rights are not affected.

All written correspondence will be delivered by electronic mail to the addresses set out in the Agreement.

The Contract may only be amended by written agreement. We may amend these Terms, but changes apply only to future Contracts. We will inform you at least 14 days before changes take effect.

In the event of Force Majeure, We shall not be liable for damage caused. If Force Majeure continues for more than 10 days, both parties have the right to withdraw.

A sample complaint form and withdrawal form are attached to these Terms.

The Contract is archived electronically with Us. You will always receive the Terms and Order Confirmation by email.

These Terms take effect on 30.06.2023.

Annex 1 — Complaint Form

Addressee: Japan Premium, Ringhofferova 115/1, 155 21 Prague

Date of conclusion of the Contract: ___
Name and surname: ___
Address: ___
E-mail address: ___
Goods being claimed: ___
Description of defects: ___
Proposed method for handling the complaint: ___

I also request a confirmation of the claim stating when I exercised this right, what is the content of the claim, what method of claim settlement I require, together with my contact details for the purpose of providing information on the claim settlement.

Annex 2 — Withdrawal Form

Addressee: Japan Premium, Ringhofferova 115/1, 155 21 Prague

I hereby declare that I withdraw from the Contract.

Date of conclusion of the Contract: ___
Name and surname: ___
Address: ___
E-mail address: ___
Specification of Goods: ___
Method for reimbursement: ___

If the Buyer is a consumer, they have the right to withdraw from the purchase contract within 14 days from conclusion or receipt of goods, except in cases referred to in Section 1837 of Act No. 89/2012 Coll. The Buyer shall notify the Company in writing or electronically. The Company shall refund all monies, including delivery costs, within 14 days after withdrawal.