General Terms and Conditions

Contract conditions in Purchase Agreements concluded through the neotokyo.de platform

between

Neo Tokyo GmbH, Haimhauserstr. 3, 80802 Munich, Tel.: +49 89 346 986, entered in the Commercial Register of the Amtsgericht Munich under HRB 169175, represented by the managing directors Matthias Müssig and Christoph Ortner-Bach, VAT Id No.: DE255765266 – hereinafter “the Provider” -

and

the customer described in § 2 of the Agreement – hereinafter “the Customer“ -

 

§ 1 Application, Definitions

(1) The following General Terms and Conditions of Business in their version applicable at the time of the order exclusively apply to the business relationship between the online shop provider (hereinafter “the Provider“) and the Customer (hereinafter “the Customer“). Differing general terms and conditions of the Customer are not acknowledged unless the Provider expressly agrees to their application in writing.

(2) The Customer is a consumer provided that the purpose of the ordered deliveries and services cannot mainly be attributed to its business or independent professional activity. On the contrary, every natural or legal person or partnership with legal capacity concluding the Agreement in exercise of its business or independent profession is a merchant.

§ 2 Conclusion of the Agreement

(1) The Customer can select items from the range of the Provider‘s products, in particular DVD, CD, Blu-ray, Manga, Merchandise, and collect such items in a goods cart by means of the button “Add to Cart“. Through the button “order subject to payment“, the Customer makes a binding request to purchase the goods in the cart. Prior to placing the order, the Customer can alter and review the data at any time. The order can, however, only be placed and transmitted if the Customer accepts and thereby includes these General Terms and Conditions of Business in his/her order by clicking on the button “Accept GTCs“.

(2) The Provider then sends the Customer an automatic confirmation of receipt by e-mail again showing the Customer’s order which the Customer can print using the “Print” function. The automatic confirmation of receipt merely documents that the Customer’s order has been received by the Provider and does not constitute an acceptance of the request. The Agreement only comes into effect by the issue by the Provider of an acceptance (Order Confirmation) which is sent by separate e-mail. In that e-mail or in a separate e-mail, but, at the latest on delivery of the goods, will the text of the Agreement (consisting of the order, GTCs and Order Confirmation) be sent by us to the Customer on a durable medium (e-mail or paper print-out (Agreement Confirmation)). The text of the Agreement will be saved in compliance with data protection.

(3) The conclusion of the Agreement takes place in German or English as selected by the Customer in the online shop by clicking on the corresponding flag (the German flag or the flag of the United Kingdom of Great Britain and Northern Ireland).

§ 3 Delivery, Availability of Goods

(1) Delivery times stated by us are calculated from the time of our Order Confirmation, subject to prior payment of the purchase price (except in cases of payment on account). Unless for the relevant goods no delivery time or no deviating delivery time is stated in our online shop, the delivery time is 7 days.

(2) If at the time of the Customer’s order no unit of the selected product is available, the Provider informs the Customer accordingly in the Order Confirmation or a separate e-mail without delay. If the product is undeliverable permanently or for an indefinite period, the Provider does not issue its acceptance. In that event, no agreement comes into effect.

(3) If the product indicated by the Customer in the order is only temporarily unavailable, the Provider also informs the Customer thereof without delay in the Order Confirmation.

§ 4 Retention of Title

The delivered goods remain in the ownership of the Provider until full payment.

§ 5 Prices and Shipping Costs

(1) All prices stated on the Provider’s website include statutory VAT as applicable from time to time.

(2) The shipping costs applicable will be stated for the Customer in the order form and must be borne by the Customer unless the Customer avails of his/her right of withdrawal. From an order value of 55 EUR, the Provider delivers to the Customer free of shipping costs.

(3) Shipping takes place by post. The Provider bears the shipping risk if the Customer is a consumer.

(4) The Customer, in the event of withdrawal, must bear the direct costs of returning the goods.

§ 6 Payment Modalities

(1) The Customer can pay by direct debit (PayPal), credit card or PayPal.

(2) The Customer can change the payment modality saved in his/her user account at any time.

(3) The payment of the purchase price is due directly on conclusion of the Agreement. If payment becoming due is determined according to the calendar, the Customer falls into delay already by missing the deadline. In that case, the Customer must pay the Provider interest for delay at the annual rate of 5 percentage points above the base rate.

(4) The Customer’s obligation to pay interest for delay does not exclude claims by the Provider for other loss due to delay.

§ 7 Warranty for Material Defects, Guarantee

(1) The Provider is liable for material defects in accordance with the statutory provisions applicable thereto, in particular, §§ 434 ff. Civil Code. The warranty period vis-à-vis merchants, for goods supplied by the Provider, is 12 months.

(2) An additional guarantee applies to the goods supplied by the Provider only if it has been issued expressly in the Order Confirmation relating to the particular article.

§ 8 Liability

(1) Claims of the Customer for compensation are excluded. The previous sentence does not apply to compensation claims of the Customer arising from injury to life, body, health or the breach of a fundamental contractual (cardinal) obligation and liability for other damage due to intentional or grossly negligent breach of obligation of the Provider, its legal representatives or agents. Fundamental contractual obligations are such the satisfaction of which is necessary for the achievement of the objective of the Agreement.

(2) The Provider is liable, on breach of fundamental contractual obligations, only for typical, foreseeable damage if caused simply negligently unless compensation claims of the Customer due to injury to life, body or health are concerned.

(3) The limitations at (1) and (2) also apply in favour of the Provider’s legal representatives and agents if claims are made directly against them.

(4) The limitations of liability at (1) and (2) do not apply if the Provider has fraudulently concealed the defect or has given a guarantee of quality of the goods. The same applies if the Provider and the Customer have made an agreement as to the quality of the item. The provisions of the Product Liability Act remain unaffected.

§ 9 Withdrawal Instruction

(1) Consumers have, in principle, on the conclusion of a distance selling transaction, a statutory withdrawal right about which the Provider provides the following information according to the statutory precedent. The exceptions to the right of withdrawal are provided in para. (2). A precedent withdrawal form is provided in para. (3).

 

Withdrawal Instruction  Right of Withdrawal   You have the right to withdraw from this Agreement within fourteen days without stating grounds. The withdrawal period is fourteen days from the day on which you or a third party nominated by you, who is not a shipper, have taken possession of the goods. To exercise you right of withdrawal, you must inform us Neo Tokyo GmbH, Haimhauserstr. 3, 80802 Munich, Tel.: +49 89 346 986, Fax: +49 89 3888 90 64 and neotokyo@neotokyo.de by clear declaration (e.g. a letter sent by post, a fax or e-mail) of your decision to withdraw from this Agreement. You may for that purpose use the attached precedent withdrawal form which is not, however, prescribed. To comply with the withdrawal period, it is adequate that you send the notice of your exercise of the right of withdrawal prior to the expiry of the withdrawal period.   Consequences of the Withdrawal   If you withdraw from this Agreement, we are obliged to refund to you, without delay and at the latest within fourteen days from the day on which the notice of your withdrawal from this Agreement was received by us, all payments received from you including delivery costs (with the exception of the additional costs resulting from your choice of a manner of delivery differing from the more favourable standard delivery offered by us). For this refund we use the same means of payment used by you in the original transaction, unless another method has been expressly agreed with you. In no event will charges be debited to you because of this refund. We can refuse the refund until we have received the return of the goods or until you have provided evidence that you have sent the goods back, whichever is the earlier. You must send the goods back to us or provide the goods to us without delay and in any event at the latest within fourteen days from the day on which you notified us of your withdrawal from this Agreement. The period is complied with if you send the goods prior to the expiry of the period of fourteen days. You bear the direct costs of returning the goods. You are liable for any loss of value of the goods only if that loss of value is due to treatment of the goods not necessary for the examination of the quality, properties and functionality of the goods.

 

(2) The right of withdrawal does not apply to agreements for the supply of sound or video recordings or computer software in a sealed package if the seal has been removed after the delivery.

(3) The Provider provides information about the precedent withdrawal form according to the statutory provisions as follows:

Precedent Withdrawal Form  (If you wish to withdraw from the Agreement, please fill out this form and send it back to us.)   — To Neo Tokyo GmbH, Haimhauserstr. 3, 80802 München, Fax: +49 89 3888 90 64, E-Mail: neotokyo@neotokyo.de: — I/We hereby withdraw from the Agreement concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following services (*) — ordered on (*)/received on (*) — name of Consumer(s) — address of Consumer(s) — signature of Consumer(s) (only if the notice is on paper) — date (*) strike out if not applicable