General Terms and Conditions

Terms of Service

 

The General Terms and Conditions of Tamasu Butterfly Europa GmbH, Kommunikationsstr. 8, 47807 Krefeld, which is managed by the managing director Takako Osawa (hereinafter referred to as the Seller).

 

 

 

Status: 21/02/2022

 

 

 

1. General

1. The following general terms and conditions apply to all business relationships between the seller and the customer. The version valid at the time the contract is concluded is decisive.

 

2. Consumers within the meaning of the terms and conditions are natural persons who conclude a legal transaction for purposes that cannot be attributed to their commercial or independent professional activity. Entrepreneurs within the meaning of these terms and conditions are natural or legal persons or partnerships with legal capacity who, when concluding a legal transaction, act in the exercise of their commercial or independent professional activity.

Customers within the meaning of these terms and conditions are both consumers and entrepreneurs.

 

3. Individual contractual agreements have priority over these General Terms and Conditions.

Deviating, conflicting or supplementary general terms and conditions of the customer do not become part of the contract unless their validity is expressly agreed.

 

2. Conclusion of contract

1. The seller's offers are always non-binding and non-binding, unless the offer states otherwise. The ordered goods may differ slightly from the goods shown on the internet due to the technical possibilities of display, within reason, in particular there may be deviations in color.

 

2. The customer can place an order by email or using the online form on the website. The customer's order constitutes a binding offer to conclude a purchase contract for the ordered goods. By clicking on the "order with costs" button during the ordering 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 e-mail. The confirmation of receipt does not yet represent a binding acceptance of the order. The purchase contract does not come into existence with the confirmation of receipt, but only with the delivery of the goods.

Unless otherwise agreed, the receipt of a telephone order does not constitute a binding acceptance by the seller. The telephone order is also accepted by means of a written contract confirmation.

 

3. The seller is entitled to accept the contract offer contained in the order within two working days. It is equivalent to acceptance if the seller delivers the ordered goods within this period. The seller is entitled to refuse to accept the order without giving reasons.

 

4. Delivery times and dates are subject to the correct and timely delivery by our sub-suppliers. If this does not happen, we will inform the customer immediately about the non-availability and reimburse the consideration provided. The customer will be informed of the respective availability as part of the product presentation.

 

5. If the customer orders the goods electronically, the text of the contract will be sent to the customer together with the legally effective General Terms and Conditions during the ordering process and/or by e-mail after the conclusion of the contract.

 

3. Retention of title and withdrawal

1. In the case of consumers, the seller retains ownership of the goods until the purchase price has been paid in full.

In the case of entrepreneurs, the seller retains ownership of the goods until all claims from an ongoing business relationship have been settled in full.

 

2. The seller is entitled in accordance with §§ 323, 324 in the event of a breach of a contractual obligation by the customer, in particular if the customer defaults in payment, if the customer provides false information about his creditworthiness or if court composition proceedings or insolvency are opened against the buyer's assets BGB to withdraw from the contract and to demand the return of the goods if the customer has not yet provided the consideration or has not provided it in full; In particular, the seller is entitled to withdraw from the contract without setting a deadline . They bear the direct costs of returning the goods if court composition proceedings or insolvency are opened against the customer's assets. Any claims for damages by the seller remain unaffected by this.

 

3. The entrepreneur is entitled to resell the goods in the ordinary course of business. He already assigns to the seller all claims in the amount of the invoice that accrue to him 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 properly meet his payment obligations and defaults on payment.

 

4. The seller undertakes to release the securities to which it is entitled at the customer's request insofar as the realizable value of the securities exceeds the seller's claim to be secured by more than 10%. The choice of securities to be released is incumbent on the seller.

 

4. Compensation

1. The price currently stated in the online shop is binding. Legal sales tax included in the price.

 

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

 

5. Payment options and shipping costs

1. Customers can pay the price in advance, PayPal, direct debit or credit card. The seller reserves the right to exclude individual payment methods.

 

2. If payment is made in advance, the goods will only be shipped when the invoice amount has been fully credited to the seller's account.

You will receive further information on shipping during the ordering process.

The seller charges a shipping fee of EUR 4.90 for the packaging and delivery of the order.

Within Germany, there are no shipping costs from an order value of EUR 75.00.

 

6. Shipping

1. The seller ships within EUROPE, AFRICA and certain other countries. A list of destinations can be found on the shipping-info page.

 

2. The delivery time is between 2 and 3 days within Germany. For orders from Luxembourg and Austria, the delivery time is 3 to 4 days.

 

3. In the case of advance payment, the delivery period begins on the day after the payment order has been issued to the company making the payment, and for other payment methods on the day after the conclusion of the contract. It ends with the expiry of the last day of the period. If this last day of the period falls on a Sunday or other public holiday at the place of delivery, the next working day takes its place.

 

4. If the goods are not in stock when the order is placed, the seller will order the goods immediately, inform the customer immediately and inform them of the expected delivery date. These goods are 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 make partial deliveries if a partial delivery is reasonable for the customer, taking into account their interests. The customer should incur no additional costs. The customer only incurs additional costs if partial deliveries are expressly requested by him.

 

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

 

7. Passing of Risk

1. In the case of consumers, the risk of accidental loss and accidental deterioration of the goods sold passes to the consumer when the goods are handed over, even in the case of mail-order sales.

 

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, in the case of mail-order sales when the goods are delivered to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment.

 

3. The handover is the same if the customer is in arrears with acceptance.

 

8. Right of Withdrawal

Consumer iSd . §13 BGB have a right of withdrawal.

 

Right of withdrawal

 

right of withdrawal

 

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

 

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

 

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

 

To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.

 

Consequences of revocation

 

If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances 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 earlier.

 

You have to send the goods to Tamasu Butterfly GmbH, Kommunikationsstr. 8, 47807 Krefeld, Germany. The deadline is met if you send back the goods before the period of fourteen days has expired.

 

You bear the direct costs of returning the goods.

 

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish 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 production of which an individual choice or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. This applies in particular to rubbers and blades that were installed (glued and cut) after purchase by the customer himself or by Butterfly at the customer's request.

 

• Contracts for the delivery of goods that can spoil quickly or whose use-by date would soon be exceeded,

 

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

 

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

 

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

 

• contracts for the delivery of alcoholic beverages, the price of which was agreed at the time the contract was concluded, but which can be delivered no earlier than 30 days after the conclusion of the contract and the current 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.

 

 

Sample cancellation form

 

(If you want to revoke the contract, please fill out this form and send it back.)

 

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

 

• 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 consumer(s)

 

• Address of consumer(s)

 

• Signature of the consumer(s) (only in the case of notification on paper)

 

• Date

 

_________________

 

(*) Delete where not applicable.

 

 

 

9. Warranty / Updatepflicht

1. The delivered goods may differ slightly from the goods shown on the internet within reason. Reference is made to point 2.1, sentence 2 of these general terms and conditions.

 

2. Consumers have the choice of whether subsequent performance should be carried out by means of repairs or a replacement delivery. The seller is entitled to refuse the type of supplementary performance chosen if it is only possible with disproportionate costs and the other type of supplementary performance remains without significant disadvantages for the consumer. In the case of entrepreneurs, the seller initially provides a guarantee for defects in the goods by means of subsequent improvement or replacement delivery.

 

3. If the supplementary performance fails, the customer can demand a reduction in payment (reduction) or cancellation of the contract (withdrawal) as well as damages. Instead of compensation for damages instead of performance, the customer can demand reimbursement of futile expenses within the scope of § 284 BGB, which he made in reliance on receiving the goods and was reasonably allowed to make. If the defects are only insignificant, the customer has no right of withdrawal - taking into account the interests of both parties. If the customer chooses damages instead of performance, the limitations of liability according to point 10.1 of these General Terms and Conditions apply.

 

4. Entrepreneurs must notify the seller of obvious defects in the delivered goods within a period of two weeks from receipt of the goods; Otherwise the assertion of warranty claims is excluded. Timely notification or dispatch is sufficient to meet the deadline. The entrepreneur bears the full burden of proof for all prerequisites for a claim, in particular for the defect itself, for the time the defect was discovered and for the timeliness of the notice of defects. § 377 HGB applies to merchants.

 

5. Consumers are asked to notify the supplier (forwarding agent/freight service) of obvious damage to the packaging and damage to the content resulting therefrom, to refuse acceptance and to inform the seller immediately of this incident. However, failure to comply with this request has no consequences for the consumer's warranty claim and does not entail any claims for damages on the part of the seller. The limitation periods are also not shortened by the aforementioned request.

 

6. In the case of entrepreneurs, only the manufacturer's product description is deemed to be agreed as the quality of the goods. Public statements, praise or advertising by the manufacturer do not represent the contractual quality of the goods.

 

7. For consumers, the warranty period is grundsätzlich two years from delivery of the goods. Für den Fall der Verletzung der Aktualisierungspflicht nach 9.9. dieses Vertrages, endet die Gewährleistungsfrist nicht vor dem Ablauf von zwölf Monaten nach dem Ende des Zeitraums der Aktualisierungspflicht. Hat sich ein Mangel innerhalb der Verjährungsfrist gezeigt, so tritt die Verjährung nicht vor dem Ablauf von vier Monaten nach dem Zeitpunkt ein, in dem sich der Mangel erstmals gezeigt hat. For entrepreneurs, the warranty period is one year from delivery of the goods. In the case of used items, the warranty period for consumers and entrepreneurs is one year from delivery of the goods.

The one-year warranty period does not apply if the seller can be accused of gross negligence or fraudulent intent, nor in the case of bodily injury or damage to health attributable to the seller, or in the event of loss of life of the customer, or in the case of a guarantee. The seller's liability under the Product Liability Act remains unaffected.

 

8. The seller does not give the customer any guarantees in the legal sense, unless expressly agreed otherwise. Manufacturer guarantees remain unaffected.

 

9. Soweit ein Vertrag über eine Ware geschlossen wird, welche digitale Elemente enthält (insbesondere Tischtennisroboter Amicus Prime SKU 8001160000) beträgt der maßgebliche Zeitraum, für die vorgesehene und von der Verkäuferin geschuldete Updatepflicht für die Robotersteuerungssoftware auf dem Bedientablet, sowie der Roboterfirmware, 5 Jahre ab Ablieferung der Ware (Bereitstellungszeitraum). Eine Pflicht zur dauerhaften Bereitstellung von Updates für die digitalen Elemente der jeweiligen Waren besteht nicht.

Die Updatepflicht erstreckt sich auf Aktualisierungen zur Funktion, zur Sicherheit und zur Kompatibilität. Eine Updatepflicht der Verkäuferin für das Betriebssystem des mitgelieferten Tablets (Android) besteht nicht.

Soweit für den Erhalt der vertragsgemäßen Beschaffenheit des Produkts erforderlich, wird die Verkäuferin im o.g. Zeitraum die relevanten Updates zur Verfügung stellen und den Verkäufer hierüber informieren. Soweit diese Updates die Sicherheit und/oder die Funktion der Geräte betreffen, besteht eine Mitwirkungspflicht des Kunden zur Installation der relevanten Aktualisierung.

 

10. Limitations of Liability

1. In the case of slightly negligent breaches of duty, liability is limited to the foreseeable, contract-typical, direct average damage depending on the type of goods. This also applies to slightly negligent breaches of duty by the seller's legal representatives or vicarious agents. The seller is not liable for slightly negligent violation of insignificant contractual obligations. The seller, on the other hand, is liable for the violation of contractual legal positions of the customer. Significant contractual legal positions are those that 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 fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer can rely.

The above limitations of liability do not affect customer claims arising from guarantees and/or product liability. Furthermore, the limitations of liability do not apply in the case of fraudulent intent, breach of essential contractual obligations and damage to body and health attributable to the seller or loss of life of the customer.

 

2. The seller is only liable for its own content on the website of its online shop. Insofar as links allow access to other websites, the seller is not responsible for the external content contained there. The seller does not adopt the third-party content as its own. If the seller becomes aware of illegal content on external websites, the seller will immediately block access to these pages, provided this is technically possible.

 

11. Alternative Dispute Resolution

1. The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr/main/.

 

2. Notice according to § 36 VSBG for dispute resolution according to VSBG:

 

Tamasu Butterfly Europa GmbH is not obliged to participate in the dispute settlement procedure according to VSBG and does not take part in it.

 

12. Final Provisions

1. The law of the Federal Republic of Germany applies to the exclusion of the UN Sales Convention. For consumers who do not conclude the contract for professional or commercial purposes, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.

 

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 is the court responsible for the seller's place of business, unless an exclusive place of jurisdiction is given. However, the seller is also entitled to sue the merchant at his place of residence or place of business.