5048 Fahey Spring, 100-200 Tokyo, Japan
These General Terms and Conditions apply to any Agreement (and/or changes or additions thereto) for the sale and delivery of Products concluded through the ism Webshop to which ism is a party and applies to the whole legal relationship between the Parties. These General Terms and Conditions also apply to and form integral part of all quotations and offers made by ism and all acceptances, acknowledgements and confirmations by ism of any orders made by the Consumer.
By placing an order the Consumer agrees to be bound by these General Terms and Conditions.
In the event that specific Product related terms and conditions apply in addition to these General Terms and Conditions, those terms will be explicitly specified in the offer of the specific Product and in the event of contradictory terms and conditions, the Consumer may invoke the applicable condition that is most favourable to the Consumer.
These General Terms and Conditions supersede any previous general terms and conditions for the sale and delivery of Products concluded through the ism Webshop.
The material on the ism Website is provided for general information only. Obvious errors or mistakes in the offer do not bind ism.
ism will indicate on the ism Website if an offer is of limited duration.
An offer is subject to availability. If a Product is out of stock, despite appearing on the ism Webshop, ism may cancel a confirmed order. In such event the Consumer will be informed by email and any payments with respect to the order will be refunded.
Subject to the provisions of these General Terms and Conditions, the Agreement becomes effective upon acceptance of an offer and the fulfillment of the applicable conditions by the Consumer. The Consumer accepts the offer by placing an order through the ism Webshop. Promptly after receiving an order, ism will send an automated email confirming the receipt of the order.
ism may obtain information – within statutory frameworks – about the Consumer’s ability to fulfill his payment obligations, as well as about facts and factors that are important for the responsible conclusion of the Agreement.
ism reserves the right to reject or cancel an order, without being liable for any damages or costs in (among others) the following situations:
The Product is not available or the Product is out of stock;
The order is flagged by ism’s security systems as an unusual order or an order susceptible to fraud; The Consumer’s billing information is not correct or not verifiable;
ism has reason to believe the Consumer is a reseller; There was an error in the price displayed on the ism Website; ism cannot deliver to the shipping address provided by the Consumer.
In such event the Consumer will be informed by email and any payments with respect to the order will be refunded.
All prices quoted on the ism Website are in Euros and include VAT (BTW).
ism reserves the right to change the prices quoted on the ism Website without notice. ism will not be liable to the Consumer or any third party for price changes.
Shipping and delivery rates are applied per order. All costs in connection with shipment import and export duties and excise, as well as all other levies or taxes imposed or levied in respect of the Product, the shipping and customs clearance, shall be at the Consumer’s expense. Such costs or expenses which have been paid by ism, shall be charged to the Consumer.
The Consumer has the right to withdraw from the Agreement within 14 calendar days without giving any reason. The Consumer can either dissolve the agreement and receive a refund or exchange the ordered Product. The withdrawal period will expire after 14 calendar days from the day on which the Consumer (or a third party indicated by the Consumer other than the carrier) acquires physical possession of the ordered Product. In the event that several Products of the same order are delivered separately, the withdrawal period will expire after 14 calendar days from the day on which the Consumer (or a third party indicated by the Consumer other than the carrier) acquires physical possession of the last ordered Product.
Products that are not suitable for return due to health protection or hygiene reasons (such as underwear, swimwear, and pierced accessories) and/or sealed Products that were unsealed after delivery cannot be returned or exchanged.
To exercise the right of withdrawal, the Consumer must inform ism of his decision to withdraw from the Agreement by requesting a Return Merchandise Authorisation on the ism Website or sending an email with an unequivocal written statement to firstname.lastname@example.org within the withdrawal period. To meet the withdrawal deadline, it is sufficient for the Consumer to request a Return Merchandise Authorisation or send the unequivocal statement to ism before the withdrawal period has expired.
During the withdrawal period, the Consumer shall handle and inspect the Product and the packaging with care, in the same manner as the Consumer would be allowed to do in a retail shop. The Consumer shall only unpack or use the Product to the extent necessary to establish the nature, the characteristics, and the functioning of the Product. The Consumer shall be liable for any diminished value of the Product resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Product.
If the Consumer exercises its right of withdrawal, the Consumer will return the Product to ism at its own risk and expense, by following the instructions on the Return Merchandise Authorisation, without undue delay and in any event no later than 14 calendar days from the day on which the Consumer communicated his decision to withdraw to ism. This deadline is met if the Consumer sends back the Product before the withdrawal period of 14 calendar days has expired.
The Consumer shall return the Product with all delivered accessories and in the complete and original state and, to the extent possible, in its original packaging. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the Consumer.
If the Consumer timely exercises its right of withdrawal, ism will reimburse the relevant payments received from the Consumer, including the costs of delivery and excluding the return costs, without undue delay and in any event not later than 14 calendar days from the day on which ism is informed of the Consumer’s decision to withdraw from the Agreement. The return costs will be deducted from the Consumer’s refund. In the event that the Consumer wishes to exchange the Product, no return and/or additional delivery costs will be charged. ism may withhold the reimbursement until ism has received the Product back, or until the Consumer has supplied adequate evidence of timely having sent back the Product, whichever is earliest. ism will carry out such reimbursement using the same means of payment as the Consumer used for the initial transaction unless the Consumer has expressly agreed otherwise.
Notwithstanding paragraph 7 above, ism will not reimburse the delivery costs if the Consumer opted for a type of delivery other than the least expensive type of standard delivery.
ism is entitled to refuse to accept a returned Product and the reimbursement of payments if the Consumer does not comply with the instructions of this clause 7.
ism shall in no event be liable to the Consumer for any indirect loss or damage arising out of or in connection with the Agreement, the sale of any Products by ism or the use thereof by the Consumer, whether or not such damage is based on tort, product liability, guarantee, statutory duty or otherwise unless the damage is caused by intent or wilful recklessness of ism.
Notwithstanding anything to the contrary in the Agreement or these General Terms and Conditions, any aggregate liability of ism to the Consumer arising in connection with the Agreement or these General Terms and Conditions, under any theory or ground whether in contract, tort, product liability, guarantee, statutory duty, or otherwise, shall in no event exceed the invoice value of the Product concerned (unless the damages is caused by intent or wilful recklessness by ism or its managerial staff).