Last updated July 2017
In these Terms and Conditions (“Terms”) you will find conditions under which you – the User – may use the Website, as well as rights, duties and responsibilities of the Administrator and the User. Your use of the Website entails, means, and constitutes acceptance of all the provisions of these Terms.
- You acknowledge and agree that minimum technical requirements for the Website to run properly are:
- working and efficient telecommunications terminal equipment (computer, tablet, smartphone, etc.; “TTE”) with access to the Internet, enabling display of the graphical user interface of the Website; and
- installed and updated web browser: Microsoft Internet Explorer 8.0 or higher, Mozilla Firefox 20.0 or higher, Safari 4.0 or a later version, and Google Chrome 23.0 or later; and
- active email account; and
- support of Javascipt and cookie files enabled.
- The Administrator uses the following types of cookies:
- session – stored on the TTE only until a User remains on the Website, or disables the browser, or logs out of the Website; and
- permanent – stored on the TTE for a specified period of time or until removal by the User.
- We use the cookie mechanism: (i) to facilitate navigation on the Website, including by maintaining a User’s session so there is no need to log in again and again on every webpage; (Ii) to review and develop our offer, including by adjusting the content of the Website according to your preferences; and (iii) for statistical purposes.
- You agree to our use of also external cookies (third-party cookies) to (i) display on the Website the multimedia content downloaded from an external website; (ii) collect general and anonymous statistics from analytical tools; and (iii) use interactive features in order to promote the Website by using social networking sites.
- In order to purchase any Goods from Japana.uk you must be over 18 years of age and hold a valid credit or debit card issued by a bank acceptable to us.
- Unless these Terms provide otherwise, the Administrator authorises you to use the Website only within its purpose and functionalities, to the extent provided for each category of User (Customer), subject to, inter alia, (i) compliance with applicable laws, copyrights, as well as any other laws relevant for the correct, complete and uninterrupted functioning of the Website, (ii) refrainment from interfering with the Website.
- Content, data or other information provided by Users to the Website, including those placed in the Account, are their property, and in any case the User is solely responsible for it, especially for compliance of such information and of its use within the Website with law and these Terms. By placing the information on the Website, you grant the Administrator any such rights and permits as may be necessary to ensure full functionality of the Website.
- When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until your payment has been approved us and we have debited your credit or debit card.
- The Customer places an order for the provision of the Service on the Website. In exceptional cases, such as, among others, malfunction of the Website and ensuing inability to place an order through it, the order may be made via an e-mail sent to our address.
- The placement of an order by the Customer is legally binding.
TERMINATION OF CONTRACT
- Provision of our services within the Website is of unlimited duration, however, you can always end your contract with us.
- Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
- If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back)
- If you want to end the contract because of something we have done or have told you we are going to do
- If you have just changed your mind about the product,
- You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of the products.
- If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. If you are exercising your right to change your mind you must send off the goods to us within 30 days of telling us you wish to end the contract. If you are returning a product, please send it back cleaned, along with its original packaging and via recorded delivery is preferable so you have a proof of postage.
We will repay the costs of return:
- if the products are faulty or misdescribed; or
- if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
We will refund you the price you paid for the products including any delivery costs charged to you, by the method you used for payment. However, we may make deductions from the price, in described below circumstances:
- If you are exercising your right to change your mind, we may reduce your refund of the price (excluding any delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling or using them in a way which would not be permitted in a shop (for example, damage to any product). If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
- The maximum refund for delivery costs (should these have been charged to you) will be the costs of delivery by the least expensive delivery method we offer.
We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 21 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.
- You may contact the Administrator as regards services provided by the Administrator within the Website in the following manner:
- in writing, sent to the following address: Japana LTD, 65 Green Dragon Yard, E15NJ London, United Kingdom, or to email email@example.com or by using the hyperlink “contact”, available on the Website.
- Your complaints regarding our services provided within the Website may be filed electronically by using the hyperlink “contact”, available on the Website, or by written notice to the following address: Japana LTD, 65 Green Dragon Yard, E15NJ London, United Kingdom. The complaint should contain at least the identification of the User, including her/his email address, the status of a User within the Website (Customer, or Service Provider), and the description of her/his objections.
- If data or information included in the complaint need to be supplemented, before assessing the complaint on its merits, we will ask you to supplement it accordingly.
- The Administrator will consider the complaint within 14 days of its receipt in the correct form.
- The answer to the complaint will be sent to the e-mail address as specified in the relevant notification.
- In the unlikely event that our Customer Support team are unable to resolve your complaint, and you are still not satisfied following the conclusion of our complaints handling procedure, then you may refer your complaint to the Retail Ombudsman which is a certified Alternative Dispute Resolution Provider (www.theretailombudsman.org.uk). We will respond to any complaint referred to us by The Retail Ombudsman:
- via post to The Retail Ombudsman, 33 floor Euston Towers, 286 Euston Road, London, NW1 3DP (Tel: +44 20 3540 8063)
- via email to firstname.lastname@example.org
- or, you may be eligible to lodge your complaint on the EU Online Dispute Resolution platform which is available at www.ec.europa.eu/consumers/odr.
- The images of the products on our website are for illustrative purposes only. Products you receive are handmade and may vary slightly from their pictures. Although we have made every effort to display the colours and designs accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products.
- The packaging of the product may vary from any shown in images or videos on our website.
MAKING CHANGES TO YOUR ORDER
- If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible.
- If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract.
- Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible. Please see our Shipping Times for further information.
RETURNS & REFUND TIMES
- You can exercise your legal rights to return an item or request refund. We won’t do anything that is outside of your rights.
The products sold through our website must be as we have described them, fit for purpose and of satisfactory quality.
During the expected life of your product, your legal rights entitle you:
- Up to 30 days: if your item is faulty, then you can get a refund.
- Up to 6 months: if your faulty item can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
- Up to 3 years: if the item can be expected to last up to 3 years you may be entitled to a repair or replacement, or, if that doesn’t work, some of your money back.
- Whilst we do carry out quality assurance checks on each product prior to sending it out, we are under a legal duty to supply products that are as they have been described, fit for purpose and of satisfactory quality. If you have any questions or complaints about the product, please contact us. You can write to us by email at email@example.com or by post to Japana Ltd, 65 Green Dragon Yard, E15NJ London, United Kingdom. giving as much detail as possible as to any issues that need to be addressed.
- If you wish to exercise your legal rights to reject products you must post them back to us. If you are returning them due to there being a fault, we will repay the costs of postage.
- If we are repairing a product or if you would prefer a repair to be carried out to a faulty product rather than rejecting it (if you have a right to reject), you will understand that we do not have the equipment and the decades of training that the creators of the knives have. For this reason, a repair may not create a “good as new” finish and there may be some alteration to blade patterning or scuffing encountered. But we will always give a repair our best efforts and attention.
PROVIDING THE PRODUCTS
- If the items your ordered are in stock, we will aim to post the package within 48h and deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.
- Please note that some items can be ordered as backorder and we always clearly indicate their waiting processing time. By purchasing items on backorder you agree to waiting time stated on the Website at the moment of placing your order.
- We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.
- Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
- If, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for any storage costs we are charged and for any further delivery costs.
- The product will be your responsibility from the time we or our carrier delivers the product to the address you gave us.
- You own a product once we have received payment in full.
- We will not be responsible for supplying the products late if this is caused by you not giving us the information we need at the time of placing your order or within a reasonable time of us asking for it if further information is required.
- We may have to suspend the supply of a product to, for example:
- deal with technical problems or make minor technical changes; or
- update the product to reflect changes in relevant laws and regulatory requirements.
- We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to and you still do not make payment within 3 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products.
COOL OFF PERIOD
- While for most products bought online you have a legal right to change your mind within 14 days and receive a refund, we extend this right up to 30 days. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
Please note that this extended period that we give you does not affect your legal rights in relation to faulty or misdescribed products.
PRICE AND AVAILABILITY
- Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Where applicable, prices are inclusive of VAT. Delivery costs will be charged in addition; such additional charges are clearly where applicable and included in the ‘Total Cost’.
- The Service may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fill any orders that you may place based on information on the Service that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.
YOUR PERSONAL INFORMATION USE
- We use the personal information you provide to us:
- to supply the products to you;
- to process your payment for the products; and
- if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
- We will only give your personal information to third parties where the law either requires or allows us to do so.
- If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
GOVERNING LAW AND JURISDICTION
- These terms and conditions are to be construed in accordance with the laws of England and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the English courts.