Table of Contents:
A. Customer information on the conclusion of distance contracts
- Identity of the provider
- Conclusion of contract
- Delivery time, shipping company and right of non-delivery
- Commodity price
- Delivery and shipping costs
- Payment method
- Warranty conditions
- Right of withdrawal
- Information about the Battery Ordinance
- Information on the redemption and environmentally sound disposal of electrical and
- electronic equipment
- Notes on the Packaging Ordinance
B. Further customer information on the electronic conclusion of contract
- How does the online conclusion of contract work with us?
- Storage of the contract text and access for the customer
- Input errors
- Contract language
A. Customer information on the conclusion of distance contracts
The following information for distance contracts does not constitute terms and conditions of contract. The terms and conditions of contract are included in our General Terms and Conditions.
All customer information will be sent to you in text form at the latest when the goods are delivered. You may also print or save this customer information.
1. Identity of the provider of the online shop
You are concluding distance selling contracts with
Tamasu Butterfly Europa GmbH Kommunikationsstr. 8
Tel.: 02151 - 9356752
Fax: 02151 - 9356744
Managing Directors authorized to represent the company:
Takako Osawa, Taisei Imamura
Registered office / registry court: Krefeld
Registration number: HRB16034
VAT ID according to § 27 a of the German Value Added Tax Act:
2.Conclusion of contract
You can place orders via our website www.butterfly.tt in writing, by email, fax or via the online shop. The offers on our online shop are merely an invitation to the customer to submit their own contract offer to us (so-called invitation to treat or “invitatio ad offerendum”).
When ordering by letter, email, fax or the online shop, you make a binding offer to conclude a purchase contract for the ordered good(s). The contract is created when the contract confirmation is sent (not identical to the confirmation of receipt of the offer) or the delivery of the goods (see point 2 of the General Terms and Conditions).
3.Delivery time, shipping company and right of non-delivery
We deliver worldwide. Further information about delivery is contained in our General Terms and Conditions.
We ship via DHL.
The delivery time is between 7 and 14 days.
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 with 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.
All prices are final prices in Euro and include VAT in the statutory amount. Further details are contained in our General Terms and Conditions.
5. Delivery and shipping costs
a) Our delivery and shipping costs are charged in addition to the stated end prices of the respective goods.
b) We charge a lump-sum shipping fee of EUR 9.90 within Europe and for all other destinations. Regardless of the order value.
c) The customer will incur no additional costs when ordering by using the means of distance communication.
6. Method of payment
a) You can pay the price by cash in advance, PayPal, Paydirekt or credit card. The Seller reserves the right to exclude certain payment methods.
b) As far as all ordered products are in stock, the shipping of the ordered goods depends on the chosen method of payment as follows:
When paying by cash in advance / bank transfer, the shipment shall be made within Germany within 2-3 working days after the invoice amount is fully credited to the account of the Seller.
7. Warranty conditions according to § 9 of our General Terms and Conditions
a) 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.
b) 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.
c) 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 may demand the reimbursement of expenses incurred in vain within the scope of § 284 BGB, which he has made in confidence of the receipt of the goods and was able to do 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.
d) 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.
e) 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.
f) 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.
g) 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.
h) The Seller gives no guarantees to the Customer in the legal sense, unless otherwise expressly agreed. Manufacturer's warranties remain unaffected.
We do not assume any further warranties beyond the statutory warranty provisions.
Further details on the warranty can be found in our General Terms and Conditions.
8. 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: firstname.lastname@example.org, 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 Europa 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, if, due to their nature, they were inseparably mixed with other goods after delivery,
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: email@example.com, 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. Information about the Battery Ordinance
Some devices come with batteries. Batteries or accumulators may also be permanently installed in the devices themselves. In connection with the distribution of these batteries or accumulators in connection with the supply of devices containing batteries or accumulators, we, as a retailer, are obliged under the Battery Ordinance to inform our customers as follows:
Accumulators and batteries do not belong in the household waste. Disposal in the household waste is expressly forbidden according to the Battery Ordinance. As an end user, you are legally obliged to return used batteries. Please dispose of used batteries at a municipal collection point or return them to the respective point of sale on site free of charge.
You can return the batteries or accumulators you have received from us free of charge after use to us at the address below or by post (please frank sufficiently).
Tamasu Butterfly Europa GmbH, Kommunikationsstr. 8, 47807 Krefeld, Germany
Batteries or accumulators containing harmful substances are marked with the symbol
of a dustbin crossed out. The chemical name of the harmful substance is located near the symbol.
Cd = battery or accumulator contains cadmium
Pb = battery or accumulator contains lead
Hg = battery or accumulator contains mercury
Li = battery or accumulator contains lithium
Ni = battery or accumulator contains nickel
Zi = battery or accumulator contains zinc
Mh = battery or accumulator contains metal hydride
You will also find these instructions in the accompanying documents of the shipment or in the manufacturer's operating instructions.
10. Information on the redemption and environmentally sound disposal of electrical and electronic equipment.
Please dispose of old devices, as required by law in accordance with the Act Governing the Sale, Return and Environmentally Sound Disposal of Electrical and Electronic Equipment (ElektroG), at a municipal collection point or hand them in to the retailer free of charge.
Disposal in the household waste is expressly forbidden.
11. Note on the Packaging Ordinance
In order to fulfil the statutory obligations under § 6 of the Packaging Ordinance (VerpackV), all packaging comes from manufacturers registered for a take-back system (e.g. the Green Dot).
We have hereby fulfilled the conditions for the disposal of the sales packaging supplied by us and delivered to end consumers.
B. Further customer information about the electronic conclusion of contract
The following information does not constitute terms and conditions of contract. The terms and conditions of contract are included in our General Terms and Conditions.
1. How does the online conclusion of contract with us work?
On our website, you can select a product by clicking on it. By clicking the “Add to basket" button, you can place a non-binding reservation on the goods and move them to your basket.
The reserved goods can be called up at any time by clicking on the “Shopping basket" button in the upper right corner of the website.
By clicking on the "Go to checkout" button, you start the ordering process.
If you are not yet logged in as our customer, you will be redirected to the log-in page. If you are not yet registered as a customer, you have the opportunity to register with us as a customer on the page shown. To do so, enter your name and address, as well as your email address, phone number and password.
If you are already a registered customer, you can log in with your email address and password. You can also shop without registering with us. To do so, click on "Continue to checkout as a guest" and the "Continue" button.
As a guest, you then have to provide your name and address, as well as your email address and a telephone number.
Please choose if you want to send to the specified address, by clicking on the corresponding button. If the goods are to be sent to another address, then please indicate this on the following "Shipping information" page and click on "Continue".
You will then be notified of the shipping costs under the item “Shipping method”.
After clicking on "Continue", you have the option to choose the payment method under the item “Payment information”. You can choose between cash in advance / bank transfer, cash on delivery(*), PayPal or direct debit(*).
[(*) Payment method is only available for orders that are shipped within Germany]
To continue the order process, click on the "Continue” button.
Then you will come to the menu item "Order overview", in which we display your order information again.
In order to be able to continue the order, please confirm our General Terms and Conditions, the cancellation policy and the customer information by ticking the checkbox.
To continue the order process, click on the "Complete order” button. Your order will then be sent.
If you want to change the contract modalities, you can go back to the previous steps (e.g. shipping method, billing information, etc.) by clicking on the "Back" button or clicking on the respective headings and you can make the change in the corresponding order step. By clicking on the "Complete order" button, you submit a binding offer to conclude a purchase contract for the goods contained in the shopping basket.
2. Storage of the contract text and access for the customer
We store your order details and send them to you in the confirmation of receipt by email. You will receive our General Terms and Conditions by email at the latest after conclusion of the contract.
3. Input errors
You can correct your entries at any time during the ordering process by selecting the "Back" button in the browser or by clicking on the "Back" button in the order form and then making the appropriate change. By closing the web browser, you can cancel the entire ordering process at any time.
4. Contract language
You have the opportunity to conclude contracts with us in German and English.