General Terms and Conditions

General Terms and Conditions of Tamasu Butterfly Europa GmbH, Kommunikationsstr. 8, 47807 Krefeld, represented by the Managing Directors Takako Osawa and Taisei Imamura (hereinafter referred to as “the Seller”).

Updated: 13.06.2014

1. General information 

1. The following General Terms and Conditions apply to all business relationships between the Seller and the Customer. In each case, the respectively valid version at the time of the conclusion of the contract is decisive.

2. Consumers within the meaning of the General Terms and Conditions are natural persons who conclude a legal transaction for purposes that cannot be predominantly attributed to their commercial or independent professional activity.

Entrepreneurs within the meaning of these General Terms and Conditions are natural persons or legal entities or partnerships with legal capacity who exercise their commercial or independent professional activity when concluding a legal transaction. Customers within the meaning of these General Terms and Conditions are both Consumers and Entrepreneurs.

3. Individual contractual agreements shall take precedence over these General Terms and Conditions. Deviating, conflicting or supplementary General Terms and Conditions of the Customer shall not become part of the contract, unless their validity is expressly agreed.

 

2. Conclusion of contract

1. The offers of the Seller are always non-binding, unless otherwise stated in the offer. The ordered goods may differ slightly from the goods shown on the Internet due to the technical representation options, in particular, this may lead to deviations in terms of colour.

2. The Customer can make the order in writing, by fax, by email or via the online form on the website. The Customer's order represents a binding offer to conclude a purchase contract for the ordered goods. By clicking on the “Confirm purchase" button within the order process on the website de.butterfly.tt, the Customer makes a binding offer for the goods contained in the shopping cart. The receipt of the offer will be confirmed to the Customer immediately by email. The confirmation of receipt does not constitute a binding acceptance of the order. The purchase contract is not created simply with the confirmation of receipt, but rather only with the sending of a contract confirmation or the delivery of the goods. The receipt of a telephone order, unless otherwise agreed, does not constitute a binding acceptance by the Seller. The telephone order shall also be accepted by a written contract confirmation.

3. The Seller is entitled to accept the contract offer in the order within two working days. It is deemed equivalent to acceptance if the Seller delivers the ordered goods within this period. The Seller is entitled to refuse acceptance of the order, without stating reasons for doing so.

4. Delivery times and dates are subject to the correct and timely delivery by our suppliers. If this does not happen, we shall inform the Customer immediately about the unavailability and reimburse any consideration rendered. The Customer shall be informed of the respective availability in the course of the product presentation.

5. If the Customer orders the goods by electronic means, the contract text shall be sent to the Customer together with the legally valid General Terms and Conditions during the ordering process and/or by email after conclusion of the contract.

 

3. Retention of title and withdrawal

1. For Consumers, the Seller reserves ownership of the goods until full payment of the purchase price. For Entrepreneurs, the Seller reserves ownership of the goods until full settlement of all claims from an ongoing business relationship. 

2. In case of breach of a contractual obligation of the Customer, in particular in the case of default of payment by the Customer, false information about the Seller’s creditworthiness or if court settlement proceedings or insolvency proceedings are opened regarding the assets of the Buyer, the Seller is entitled in accordance with §§ 323, 324 of the German Civil Code (BGB) to withdraw from the contract and to demand the goods if the Customer has not yet completely provided the consideration; the Seller is in particular entitled to withdraw from the contract without notice if the court settlement proceedings or insolvency proceedings are opened regarding the Customer's assets. Any claims for damages of the Seller remain unaffected.

3. The Entrepreneur is entitled to resell the goods in the ordinary course of business. He hereby assigns to the Seller all claims in the amount of the invoice amount which he acquires through the resale to a third party. The Seller accepts the assignment. After the assignment, the Entrepreneur is authorized to collect the claim. The Seller reserves the right to collect the claim itself as soon as the Entrepreneur does not meet his payment obligations properly and is in default of payment. 

4.The Seller undertakes to release the collateral due to it on request from the Customer to the extent that the realizable value of the collateral exceeds the Seller's claim to be secured by more than 10%. The choice of collateral to be released is the responsibility of the Seller. 

 

4. Remuneration 

1. The price currently quoted in the online shop is binding. VAT in the statutory amount is included in the price.

2. In the case of distance contracts, additional shipping costs are incurred in accordance with to point 6 of these General Terms and Conditions

 

5. Payment options and shipping costs

1. Customers can pay the price by cash in advance, PayPal, Paydirekt or credit card.

The Seller reserves the right to exclude certain payment methods.

2. When paying by cash in advance, the shipment shall only be made when the invoice amount is fully credited to the account of the Seller.

Further information about shipping can be obtained during the ordering process. For the packing and delivery of the order, the Seller charges a lump-sum shipping fee of within Europe EUR 9.90 and for all other destinations EUR 19.90.

 

6. Delivery

1. Delivery is worldwide. Non-delivery can be denied due to valid reasons.

2. The delivery time is between 6 and 7 days within Europe. For orders from countries outside Europe, the delivery time is 10 to 14 days[CR1] .

3. The delivery period begins in the case of cash in advance on the day after the payment order has been issued to the company that executes the payment, and for other payment methods the day after conclusion of the contract. It ends at the end of the last day of the deadline. If this last day of the period falls on a Sunday or other public holiday at the place of delivery, the next working day shall take its place.

4. If the goods are not in stock when ordered, the Seller shall immediately order the goods, inform the Customer immediately and inform the Customer of the expected delivery date. These goods shall be marked accordingly on the website. With regard to the reservation of proper self-delivery, the Seller refers to points 2.4 and 2.5 of these General Terms and Conditions.

5. The Seller is entitled to partial delivery, as far as a partial delivery is feasible for the Customer under consideration of its interests. The Customer shall not be charged any

extra costs as a result of this. The Customer shall only incur additional costs if partial deliveries are explicitly requested by him.

6. Tamasu Butterfly Europa GmbH does not deliver any selection or sample shipments.

 

7. Transfer of risk

1. For Consumers, the risk of accidental loss and accidental deterioration of the goods sold is also transferred to the Consumer during the sale of the goods when the goods are handed over.

2. In the case of Entrepreneurs, the risk of accidental loss and accidental deterioration of the goods passes to the Entrepreneur when the goods are handed over, when the goods are dispatched to the forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment.

3. It is deemed equivalent to a handover if the Customer is in default with the acceptance.

 

8.Right of withdrawal

Consumers within the meaning of §13 BGB have a right of withdrawal. 

Cancellation policy 

Right of withdrawal 

You have the right to withdraw from this contract within fourteen days without giving any reason.

 The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the last goods.

 To exercise your right of withdrawal, you must contact us (Tamasu Butterfly Europa GmbH, Kommunikationsstr. 8, 47807 Krefeld, Germany, email: online-store@butterfly.tt, Tel.: 02151-935670, Fax: 02151-9356744) by means of a clear statement (e.g. a letter sent by post, fax or email) about your decision to withdraw from this contract. You can use the attached template withdrawal form, but this is not mandatory.

In order to observe the right of withdrawal, it is sufficient for you to send the notification of the exercising of the right of withdrawal before the expiry of the withdrawal period.

 

Consequences of the withdrawal 

If you withdraw from this contract, we shall repay to you all payments we have received from you, including delivery charges (except for the additional costs arising from choosing a different delivery method than the cheapest, standard delivery we offer have) immediately and at the latest fourteen days from the date on which the notification of your withdrawal from this contract has reached us. For this repayment, we will use the same means of payment as you used in the original transaction, unless expressly agreed otherwise with you. In no case will you be charged fees for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. 

You must send back or hand over the goods immediately and in any event not later than fourteen days from the date on which you inform us of your withdrawal from this contract at Tamasu Butterfly GmbH, Kommunikationsstr. 8, 47807 Krefeld, Germany. The deadline is met if you send the goods before the deadline of fourteen days.

You shall bear the immediate costs of returning the goods. 

You only have to pay for a possible loss in value of the goods if this loss in value is due to a check that is not necessary for the examination of the nature, characteristics and functioning of the goods. 

The right of withdrawal does not apply to the following contracts: 

Contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or provision by the Consumer is authoritative or which are clearly tailored to the personal needs of the Consumer,

Contracts for the supply of goods that can spoil quickly or whose expiration date would be exceeded quickly,

Contracts for the delivery of sealed goods that are not suitable for return for reasons of health or hygiene if their seal has been removed after delivery,

Contracts for the supply of goods, if, due to their nature, they were inseparably mixed with other goods after delivery,

Contracts for the supply of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery,

Contracts for the supply of alcoholic beverages, the price of which was agreed at the time of conclusion of the contract, but which can be delivered no earlier than 30 days after the conclusion of the contract and the actual value of which depends on fluctuations on the market over which the Entrepreneur has no influence,

Contracts for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts.

 

Template withdrawal form 

(If you want to withdraw from the contract, please fill in this form and send it back.) 

-To Tamasu Butterfly Europa GmbH, Kommunikationsstr. 8, 47807 Krefeld, Germany, email: online-store@butterfly.tt, Fax: 02151-9356744) 

-I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*) / the provision of the following service (*) 

-Ordered on (*) / received on (*)  

-Name of the Consumer  

-Address of Consumer 

-Signature of the Consumer (only in the case of notification on paper)  

-Date

 

______________

 

(*) Delete as appropriate. 

 

9. Warranty 

1. The delivered goods may deviate slightly from the goods shown on the Internet within reasonable limits. Reference is made to point 2.1, sentence 2 of these General Terms and Conditions.

2. Consumers have the choice of whether the supplementary performance should be done by repair or replacement. The Seller is entitled to refuse the type of supplementary performance chosen if it is possible only with disproportionate costs and the other type of subsequent performance remains possible, without significant disadvantages for the Consumer. For Entrepreneurs, the Seller shall provide warranty for defects in the goods initially by their choice of repair or replacement.

3. If the subsequent performance fails, the Customer can in principle demand at its discretion a reduction of the remuneration (reduction) or the cancellation of the contract (withdrawal), as well as compensation for damages. Instead of damages in lieu of performance, the Customer can demand the reimbursement of futile expenditures in the context of § 284 BGB, which he made trusting in the receipt of the goods and was allowed to do so reasonably. In the case of only insignificant defects, the Customer – taking into account the mutual interests – has no right of withdrawal. If the Customer chooses compensation for damages in lieu of performance, the limitations of liability according to point 10.1 of these General Terms and Conditions shall apply.

4. Entrepreneurs must notify the Seller of apparent defects in the delivered goods within a period of two weeks from receipt of the goods; otherwise the assertion of warranty claims is excluded. The timely notification or dispatch is sufficient to meet the deadline. The Entrepreneur bears the full burden of proof for all conditions of the claim, in particular for the defect itself, for the time of discovery of the defect and for the timeliness of the complaint. For merchants, § 377 of the German Commercial Code (HGB) shall apply.

5. Consumers are requested to notify the supplier (freight forwarder / freight carrier) of obvious damage to the packaging as well as damage to the contents based on such damage, to refuse acceptance and to inform the Seller immediately about this incident. Failure to comply with this request, however, has no consequences for the warranty claim of the Consumer and does not result in any claims for damages on the part of the Seller. The limitation periods are not shortened by the aforementioned request.

6. For Entrepreneurs, the quality of the goods is fundamentally only the product description of the manufacturer as agreed. In addition, public statements, promotion or advertising from the manufacturer do not constitute a contractual condition of the goods.

7. For Consumers, the warranty period is two years from the delivery of the goods. For Entrepreneurs, the warranty period is one year from the delivery of the goods. For used goods, the warranty period for Consumers and Entrepreneurs is one year from delivery of the goods. The one-year warranty period shall not apply if the Seller is guilty of gross negligence or malice, nor in the event of damage to the body and health attributable to the Seller and in the event of loss of life of the Customer or in the case of a guarantee. The liability of the Seller under the Product Liability Act remains unaffected.

8. The Seller gives no guarantees to the Customer in the legal sense, unless otherwise expressly agreed. Manufacturer's warranties remain unaffected.

 

10. Limitations of liability 

1. For slightly negligent breaches of duty, the liability is limited to predictable, contract typical, immediate and average damage for the type of goods. This also applies to slightly negligent breaches of duty by the legal representatives or vicarious agents of the Seller. The Seller is not liable for a violation of minor contractual obligations through slight negligence. The Seller is, however, liable for the violation of material contractual legal positions of the Customer. Material contractual legal positions are those which the contract has to grant to the Customer according to the content and purpose of the contract. The Seller is also liable for the breach of obligations, the fulfilment of which enables the proper execution of the contract in the first place and on whose observance the Customer may rely.

The above limitations of liability do not apply to claims of the Customer arising from warranties and/or product liability. Furthermore, the limitations of liability shall not apply in the case of fraudulent intent, in the event of a breach of material contractual obligations or bodily injury or damage to health attributable to the Seller or in the event of loss of life of the Customer.

2.The Seller is liable only for its own content on the website of its online shop. Insofar as links to other websites make it possible, the Seller is not responsible for the third-party content contained therein. The Seller does not take ownership of the third-party content. If the Seller becomes aware of illegal content on external websites, the Seller shall immediately block access to these pages if this is technically possible.

 

11. Alternative dispute resolution 

The European Commission provides a platform for online dispute resolution, which is available at http://ec.europa.eu/Consumers/odr/ .

 

12. Final provisions

1.The law of the Federal Republic of Germany shall apply, excluding the UN Sales Convention. For Consumers who conclude the contract not for professional or commercial purposes, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the Consumer has his habitual residence.

2. If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from this contract shall be the court having jurisdiction at the registered office of the Seller, unless an exclusive court of jurisdiction exists. However, the Seller is also entitled to file claims against the merchant at its place of residence or business.