General Terms & Conditions
Please note: Only the German original of these General Terms and Conditions is legally binding. The English translation is provided for informational purposes only and has no legal force. By accepting these following General Terms and Conditions, you automatically accept the German original.
1 Scope of application
The General Terms and Conditions (hereinafter referred to as "GTC") apply to all transactions concluded with Little Japan by Helen Dao via this online store (hereinafter referred to as “Little Japan” or "Online Shop").
Little Japan reserves the right to change these GTC at any time. The version of the GTC valid at the time of order placement applies and may not be changed unilaterally for the respective order. Adverse or conflicting terms of the customer will not be recognised.
Products are available for as long as they can be found through the search engine in the online shop and/or while stocks last.
For all product orders with a minimum age requirement, the customer confirms compliance with these legal provisions by placing the order.
Orders exceeding conventional household amounts may be rejected without justification.
2.1 Product and price
Images of products in advertising, brochures, the online shop etc. serve illustration services and are non-binding.
2.2 Availability and delivery times
Little Japan attaches great importance to indicating current and accurate availability and delivery times in the online store. Especially due to delivery bottlenecks, however, there may be delays in delivery. All information on availability and delivery time are therefore without guarantee and may change at any time.
3 Contract conclusion
Products and prices stated in the online shop are deemed to constitute offers. However, these offers are always subject to the inability to deliver or incorrect price quotations, both of which lead to contract cancellation.
A contract for products or services from Little Japan shall be deemed concluded as soon as an order has been placed by the customer in the online shop, by telephone or e-mail (hereinafter referred to as "contract").
The arrival of an online order is indicated to the customer by means of an automatically generated order confirmation from Little Japan to the e-mail address provided by the customer. The receipt of the automatically generated order confirmation does not constitute a promise that the product can actually be delivered. It merely indicates to the customer that the submitted order has been received by the online store and that the contract with Little Japan has thus been concluded, subject to the delivery option and the correct price information.
4 Delivery date
If Little Japan is in delay of delivery, the customer (except for special and advance orders) has the right to withdraw from the contract from the 30th calendar day since the originally announced delivery date. In this case, Little Japan will refund the customer any amounts already paid in advance. Further claims against Little Japan do not exist.
5 Delivery / Pick-up
For all products of Little Japan, the customer has all delivery and collection options available, which are noted in the online store under "Delivery and collection" and / or during payment.
If the customer does not collect the products ordered for collection within 14 calendar days from the date of readiness for collection, Little Japan may dissolve (cancel) the contract.
6 Customer obligation to inspect products
Customers are obliged to immediately inspect the delivered or collected products for correctness, completeness and potential transport damage.
7.1 Basic provisions
Legally required warranty / guarantee services are provided by Little Japan through replacement of the product or a credit note at the current price (but not exceeding the sales price at the time of the order).
7.2 Additional provisions for used goods / B-goods
Other provisions apply to the already discounted products, which are marked as "B-Ware" in the online store. They may have slight optical defects. These optical defects are excluded from the warranty.
8 Liability and exclusion of liability
Liability is based on the applicable legal provisions. However, in no event shall Little Japan be liable for (i) slight negligence, (ii) indirect and consequential damage and subsequent damage and loss of profit, (iii) unrealised savings, or (iv) damage resulting from delivery delay.
In addition, Little Japan disclaims liability in the following cases:
improper or illegal storage or use of the products;
force majeure, in particular damage caused by the elements, moisture, falling, impact, etc., for which Little Japan is not responsible, and official orders.
8.2 Limitation of liability
Little Japan accepts no liability for loss or damage of any kind – whether it be for direct, indirect or consequential damage that may arise from the use of or access to the Little Japan websites or from any links to third-party websites. Little Japan does not warrant that the individual parts of the website run flawlessly. Furthermore, Little Japan accepts no liability for any manipulation of the internet user’s IT system by unauthorised persons.
9.1 Payment options
All claims for payment of products and services purchased in the online store will be made by Little Japan directly to the customer.
Payments must be made in Swiss francs.
Cash payment is only possible in case of pick-up.
The customer can use the payment methods offered in the online store.
In the case of payment by credit card or other instant means of payment, the charge will be made when the order is placed.
In the case of prepayment (bank transfer), delivery will be made only after receipt of payment. The products are reserved until the expiry of at least 10 calendar days. This also applies to products that must first be imported.
9.2 Delay of payment
Should customers fail to settle their payment obligations in whole or in part, all outstanding amounts owed to Little Japan for any purchases become immediately due (within 8 calendar days from the first reminder for prepayments). Little Japan may request immediate payment and suspend any further product deliveries to the customer.
Little Japan levies an administrative charge of CHF 5.00 from the second reminder and CHF 20.00 from the third reminder. Should the reminders be unsuccessful, the invoiced amount may be contracted to a collection agency. In such an event, an additional effective annual interest rate of up to 15% may be invoiced for the owed amount as from the due date of payment. The agency contracted with the collection of the owed amounts claims the amount on its own behalf and on its own account and may levy additional service charges.
9.3 Reservation of ownership
Ordered products remain the property of Little Japan until full payment. Little Japan is entitled to make a corresponding entry in the retention of title register.
10 Order change or cancellation
Order placement obliges the customer to accept the products and services. Little Japan or the merchant may, at its own discretion, accept subsequent order changes or cancellations by the customer and invoice an inconvenience charge of 20% of the cancelled order value, but no less than CHF 60.00, as well as any value loss of the ordered products.
In the event of (partial) inability to deliver (condition leading to termination) after order placement or contract conclusion, the customer is immediately informed by e-mail. If the customer has already made the payment, the amount is refunded. If no payment has been made, the customer is exempted from the obligation to pay the amount due. Further claims for delivery delay or delivery failure are excluded.
11 Return of defect-free goods
Under the conditions listed in the Return and Exchange Policy, Little Japan grants the right to return the ordered products.
The products must be properly packed by the customer in the original packaging. Damaged products will not be taken back or will be fully charged to the customer.
12 Further provisions
12.1 Non-assignable returns
Returns that cannot be assigned to a customer or returned to the customer will be held by Little Japan for six months and then disposed of.
12.2 Partial invalidity
Should individual provisions of these GTC be invalid or ineffective, this shall not affect the validity of the remaining provisions and these GTC as a whole.
12.3 Place of jurisdiction and applicable law
All legal relations between Little Japan and the customer are subject to (substantive) Swiss law. The Vienna Sales Convention is not applicable.
The following exclusive places of jurisdiction apply:
For all claims arising from sales contracts to which Little Japan is a party:
For claims brought by consumers, their place of residence or Zurich shall be the place of jurisdiction. In all other cases, Zurich shall be the exclusive place of jurisdiction.