General terms and conditions of business (GTC) Nishi Japan AG
1.1. These General Terms and Conditions of Business (hereinafter “GTC”) apply to all contracts concluded with Nishi Japan AG, Schaffhauserstrasse 120, 8057 Zurich (hereinafter “seller” or “Nishi”). As part of the ordering process, you accept the GTC in the version that is valid at the time of placing the order. All verbal and telephone agreements must be confirmed in writing in order to be binding. The requirement of a written form is also fulfilled when a declaration is included in an e-mail.
Conclusion of Contract
2.1. All contracts that are concluded via www.nishijapan.com are concluded with Nishi. By clicking the button "Order" the customer places a binding order. A binding contract is concluded upon receipt of the order confirmation.
2.2. It is possible to open a customer account. In the customer account, the order data can be viewed after entering the personal access data. Nishi reserves the right to block customer accounts at its own discretion without giving reasons, at its discretion.
Prices and Shipping Costs
3.1. The prices indicated are final prices in Swiss francs (CHF) including value added tax. The prices stated at the time of the order apply. There may be price differences between products offered online at reduced or discounted prices and products offered in the stores at reduced or discounted prices. No claim may be made for a subsequent price adjustment or credit note.
3.2. Shipping costs and all other costs incurred are not covered by Nishi and must be paid in full by the customer.
3.3. Packages that exceed the maximum weight of 30 kilograms will be divided into two or more parcels.
4.1. Nishi offers the choice of payment by credit card, Twint, Paypal, Postcard or advance payment (IBAN CH84 0070 0110 0056 7292 0), in so far as provided and available on the website. Nishi reserves the right to refuse certain payment methods or to refer the customer to other payment methods. Notably, customers cannot purchase products on this website with gift vouchers from Nishi.
4.2. Any costs for money transfers shall be borne by the customer.
Delivery and Transfer of Risk
5.1. Nishi restricts deliveries to the area of Switzerland and the Principality of Liechtenstein. The delivery is made directly to the delivery address and contact person provided by the customer.
5.2. The ordered products will be shipped as soon as we have received the customer's payment in full. As a rule, the parcel will be prepared for shipment 1-2 business days after determination of the receipt of payment.
5.3. Delivery shall be subject to the condition of timely and proper self-delivery by our suppliers. In the event of force majeure, such as strikes and other industrial action, riots, war, natural disasters, as well as delivery blockages by the manufacturer or subcontractors, there shall be no delay in delivery. Nishi is not liable for delays in delivery caused by manufacturers or third parties.
5.4. If not all ordered goods are in stock, the seller is entitled to make partial deliveries. Should it become apparent after the conclusion of the contract that goods cannot be delivered either in part or in total for reasons for which the seller is not responsible, the customer is entitled to withdraw from the contract. In that case, Nishi will refund any payments already made.
5.5. Our service is an obligation to dispatch (Schickschuld) and is fulfilled with the handover to the transport company. After shipment, the risk of accidental deterioration and accidental loss of the goods passes to the customer. Nishi is not responsible for any fault of the appointed transport company.
Obligation of Inspection and Notification of Defects, Liability for Defects
6.1. The customer shall inspect the delivered products as soon as it is feasible in the ordinary course of business and inform the seller of any detected defects within 5 working days after receipt of the goods by sending a picture of the defect, including the order number and a description of the defect, to email@example.com. If the customer fails to do so, the products shall be deemed approved.
6.2. Defects which were not recognizable upon proper inspection in accordance with the above paragraph must be reported to the seller immediately upon discovery by sending a picture of the defect, including the order number and a description of the defect, to firstname.lastname@example.org. Otherwise, the ordered products shall be deemed approved with regard to these defects as well.
6.3. Nishi provides warranty by remedying defects. This is done at our discretion either by supplementary performance, namely elimination of a defect (subsequent improvement) or delivery of a defect-free item (replacement delivery).
6.4. If the subsequent performance fails, the customer shall be entitled to withdraw from the contract. This shall not apply in the case of insignificant defects. A right of the customer to a reduction is excluded. This exclusion of liability also extends to all claims competing with the warranty rights.
6.5. Normal wear and tear, the consequences of improper handling or damage by the buyer or third parties, as well as defects attributable to external circumstances are not covered by the warranty.
6.6. The customer shall not receive any guarantees in the legal sense from the seller.
Right to Return
7.1. Nishi offers a right to return for non-food products within 14 days of purchase, provided that the products to be returned are unused, in the same condition as when received and in the original packaging complete with all accessories. Sealed products and products packaged in plastic can only be returned in unopened condition. Any seals must not be broken.
7.2. To return a product, a return authorization must be obtained in advance. Please send an email to email@example.com to obtain a return authorization. No returns will be accepted without an appropriate return authorization.
7.3. All types of food, products purchased on sale or at a reduced/discounted price, care products, hygiene products, kitchen products and gift vouchers are excluded from the right of return.
7.4. Shipping costs and all other costs incurred when returning the goods are not covered by the seller and must be borne in full by the customer.
7.5. Returns are to be sent to: Nishi Japan AG, Schaffhauserstrasse 120, 8057 Zurich. Please note that only returns by post will be accepted and the products cannot be returned in the store.
7.6. Any refunds will be transferred to the account used by the customer for payment after the returned goods have been checked. The customer will be notified by email of the approval or rejection of the refund request. We do not refund shipping charges or other costs incurred.
8.1. All cases of breach of contract and their legal consequences as well as all claims of the customer, irrespective of the legal grounds on which they are based, are conclusively regulated in these GTC. Other claims of the customer - irrespective of the legal grounds - are excluded to the extent permitted by law. The seller, its auxiliaries, and any vicarious agents shall not be liable for any damage that has not occurred to the goods themselves, notably not for consequential damages, loss of profit or other financial losses of the customer.
Products and Services
9.1. The user has no right to the products and services offered on this website. Nishi reserves the right to change or discontinue services and products offered on this website.
9.2. The seller has made every effort to ensure that the products offered on the website are presented accurately. However, Nishi does not guarantee that the representation of the product on this website is identical to the original product. This is especially true for handmade products, which are individually manufactured. Also, the packaging of products, especially food products, may differ from the image in the online store. Without your written notification at the time of your order, you agree to the mentioned deviations.
9.3. Food products have a shelf life of at least 2 weeks at the time of shipment (promotions and reduced items excluded). Complaints due to a too short shelf life cannot be considered.
9.4. In our online store we do not sell alcohol to young people under 18 years. By sending the order, the buyer confirms (if there are alcoholic beverages in the shopping cart) that they are at least 18 years old, so that this regulation and the legal requirements can be met. When ordering alcoholic beverages, the customer must provide their date of birth as a mandatory field in the check-out process under the heading "Billing and Shipping Address", i.e. provide the appropriate proof of age.
10.1. Should single terms of this contract, including these provisions be or become invalid in whole or in part or should this contract contain a loophole, this shall not affect the validity of the remaining terms or parts of such terms. The invalid or missing terms shall be replaced by the respective legal provisions.
Applicable Law and Place of Jurisdiction
11.1. This contract shall be governed exclusively by Swiss law, excluding the conflict-of-law standards of the Vienna Convention (CISG). The exclusive place of jurisdiction for all disputes in connection with this contract shall be the courts in Zurich, Switzerland.
Changes to the General Terms and Conditions
12.1. Nishi reserves the right to change, update or replace these Terms and Conditions at any time without notice.