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Terms and conditions

Terms and Conditions

Below you will find the terms and conditions of Nippon Kawaii. Use the table of contents to navigate directly to a specific article.

1

Article 1: Definitions

In these terms and conditions, the following definitions apply:

  1. Cooling-off Period: the period during which the consumer may exercise their right of withdrawal;
  2. Consumer: the natural person who does not act for professional or business purposes and enters into a distance contract with the entrepreneur;
  3. Day: calendar day;
  4. Long-Term Transaction: a distance contract concerning a series of products and/or services where the delivery and/or performance obligations are spread over time;
  5. Durable Medium: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction;
  6. Right of Withdrawal: the consumer's ability to withdraw from a distance contract within the cooling-off period;
  7. Model Withdrawal Form: the template provided by the entrepreneur that the consumer may use to exercise their right of withdrawal;
  8. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
  9. Distance Contract: an agreement concluded within a system organised by the entrepreneur for the sale of products and/or services at a distance, using one or more means of distance communication up to and including conclusion of the agreement;
  10. Means of Distance Communication: any tool that can be used to conclude a contract without the consumer and entrepreneur being physically present in the same location;
  11. Terms and Conditions: these Terms and Conditions of the entrepreneur.
2

Article 2: Identity of the Entrepreneur

Nippon Kawaii

Business address:
Boerenkamplaan 102
5712 AH Someren-Eind

Email: info@nipponkawaii.nl
Chamber of Commerce number: 65109740
VAT identification number: NL002151238B34

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Article 3: Applicability

  1. These terms and conditions apply to all offers from the entrepreneur and to all distance contracts and orders concluded between the entrepreneur and the consumer.
  2. Before the distance contract is concluded, the text of these terms and conditions is made available to the consumer. If this is not reasonably possible, it will be indicated that the terms and conditions can be inspected at the entrepreneur's premises and will be sent free of charge upon request.
  3. If the distance contract is concluded electronically, the text of these terms and conditions may be provided electronically in a way that allows the consumer to store it on a durable medium. If this is not reasonably possible, the consumer will be informed where the terms can be accessed online and that they will be provided free of charge upon request.
  4. Where specific product or service conditions also apply, the consumer may always invoke the provision most favourable to them in case of conflict.
  5. If any provision of these terms is wholly or partially void or annulled, the remaining provisions remain in effect. The affected provision will be replaced promptly by one that approximates the original intent as closely as possible.
  6. Situations not covered by these terms are assessed in the spirit of these terms and conditions.
  7. Any ambiguities regarding the interpretation of one or more provisions shall be construed in the spirit of these terms and conditions.
4

Article 4: The Offer

  1. If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
  2. The offer is non-binding. The entrepreneur reserves the right to modify or adjust the offer.
  3. The offer provides a complete and accurate description of the products and/or services. Any images used represent a truthful depiction of the products and/or services. Obvious mistakes or errors do not bind the entrepreneur.
  4. All images, specifications, and data in the offer are indicative and do not give rise to claims for damages or contract termination.
  5. Product images are a truthful representation of the products offered. The entrepreneur cannot guarantee that displayed colours exactly match the actual colours of the products.
  6. Each offer contains sufficient information for the consumer to understand the rights and obligations associated with acceptance, including in particular:
    • the price including taxes;
    • any shipping costs;
    • the method by which the contract will be concluded and steps required;
    • whether the right of withdrawal applies;
    • payment, delivery, and performance methods;
    • the acceptance deadline or the period during which the price is guaranteed;
    • the rate for distance communication if charged on a basis other than the standard rate;
    • whether the contract will be archived after conclusion, and how the consumer can access it;
    • how the consumer can review and correct data submitted before concluding the contract;
    • any other languages in which the contract may be concluded;
    • codes of conduct the entrepreneur adheres to and how these can be accessed electronically;
    • the minimum duration of the contract in the case of a long-term transaction.
5

Article 5: The Agreement

  1. The agreement is concluded at the moment the consumer accepts the offer and meets the stated conditions, subject to paragraph 4.
  2. If the consumer accepts the offer electronically, the entrepreneur will confirm receipt without delay. Until this confirmation, the consumer may withdraw from the agreement.
  3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to secure electronic data transfer and ensure a safe web environment.
  4. The entrepreneur may, within legal limits, verify whether the consumer is able to meet their payment obligations. If there are valid grounds, the entrepreneur may refuse an order or attach special conditions to its execution.
  5. With the product or service, the entrepreneur will provide the following information in writing or on a durable medium:
    • the business address for complaints;
    • conditions and method for exercising the right of withdrawal, or information on its exclusion;
    • warranty and after-sales service information;
    • the data referred to in Article 4(3), unless already provided before execution of the agreement;
    • requirements for terminating a contract of more than one year or of indefinite duration.
  6. For long-term transactions, the provisions of the previous paragraph apply only to the first delivery.
  7. Every agreement is concluded under the condition of sufficient availability of the relevant products.
6

Article 6: Right of Withdrawal

For the delivery of products:

  1. When purchasing products, the consumer has the right to cancel the agreement without giving reasons within 14 days. The cooling-off period begins the day after the consumer or a designated representative receives the product.
  2. During the cooling-off period, the consumer must handle the product and its packaging with care, using it only to the extent necessary to assess whether they wish to keep it. If exercising the right of withdrawal, the product must be returned with all accessories and, where reasonably possible, in its original condition and packaging, in accordance with the entrepreneur's instructions.
  3. The consumer must notify the entrepreneur of their intention to withdraw within 14 days of receiving the product, using the model withdrawal form or another means such as email. After notification, the product must be returned within 14 days. The consumer must be able to provide proof of timely return.
  4. If the consumer fails to notify the entrepreneur or return the product within the applicable deadlines, the purchase is considered final.

For the delivery of services:

  1. For services, the consumer has the right to cancel the agreement without giving reasons within at least 14 days from the date the agreement is concluded.
  2. To exercise this right, the consumer must follow the reasonable and clear instructions provided by the entrepreneur at the time of the offer or delivery.
7

Article 7: Costs in Case of Withdrawal

  1. The consumer bears the direct cost of returning the product.
  2. If the consumer has made a payment, the entrepreneur will refund it as soon as possible and no later than 14 days after withdrawal, provided the product has been received or proof of return has been provided. Refunds will be made using the same payment method unless the consumer explicitly agrees to another method.
  3. The consumer is liable for any diminished value of the product resulting from careless handling beyond what is necessary to assess it.
  4. The consumer is not liable for diminished value if the entrepreneur failed to provide all legally required information about the right of withdrawal before the agreement was concluded.
8

Article 8: Exclusion of the Right of Withdrawal

  1. The entrepreneur may exclude the right of withdrawal for products as described in paragraphs 2 and 3, provided this is clearly stated in the offer or before the agreement is concluded.
  2. Exclusion is only possible for products that:
    • are made to the consumer's specifications;
    • are clearly personal in nature;
    • cannot be returned due to their nature;
    • may deteriorate or expire quickly;
    • have prices tied to financial market fluctuations beyond the entrepreneur's control;
    • include individual newspapers or magazines;
    • include audio or video recordings or computer software where the consumer has broken the seal;
    • include hygiene products where the consumer has broken the seal.
  3. Exclusion is only possible for services that:
    • concern accommodation, transport, catering, or leisure activities on a specific date or during a specific period;
    • have commenced with the consumer's explicit consent before the cooling-off period has expired;
    • relate to betting and lotteries.
9

Article 9: Price

  1. During the validity period stated in the offer, prices will not be increased, except for changes resulting from adjustments to VAT rates.
  2. Notwithstanding the above, the entrepreneur may offer products or services at variable prices where those prices are subject to fluctuations in financial markets beyond the entrepreneur's control. This dependency and the indicative nature of any listed prices will be stated in the offer.
  3. Price increases within three months of concluding the agreement are only permitted if they result from statutory regulations or provisions.
  4. Price increases after three months from the date of conclusion are only permitted where the entrepreneur has stipulated this and:
    • the increases result from statutory regulations or provisions; or
    • the consumer has the right to terminate the agreement as of the date the price increase takes effect.
  5. All prices stated in the offer are inclusive of VAT.
  6. All prices are subject to printing and typographical errors. The entrepreneur accepts no liability for such errors and is not obliged to deliver the product at an incorrect price.
10

Article 10: Conformity and Warranty

  1. The entrepreneur guarantees that the products and/or services conform to the agreement, the specifications listed in the offer, and the reasonable requirements of reliability and usability, as well as applicable statutory provisions at the time of the agreement.
  2. A warranty provided by the entrepreneur, manufacturer, or importer does not affect the statutory rights and claims the consumer holds against the entrepreneur under the agreement.
  3. All products are subject to statutory warranty. The duration may vary depending on the type of product.
  4. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within two months of discovery.
  5. The warranty does not apply if:
    • the consumer has repaired or modified the products themselves or had them repaired or modified by third parties;
    • the products were exposed to abnormal conditions or handled carelessly or contrary to the entrepreneur's instructions;
    • the defect is wholly or partly due to government regulations concerning the type or quality of materials used.
11

Article 11: Delivery and Execution

  1. The entrepreneur will exercise the greatest possible care when receiving and executing orders for products and when assessing requests for services.
  2. The place of delivery is the address provided by the consumer to the entrepreneur.
  3. Subject to paragraph 4, the entrepreneur will execute accepted orders promptly and no later than 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed or an order cannot be fulfilled in full or in part, the consumer will be notified no later than 30 days after placing the order. In such cases, the consumer has the right to cancel the agreement at no cost. The consumer is not entitled to contractual compensation.
  4. All delivery times are indicative. The consumer cannot derive any rights from them, and exceeding a delivery time does not entitle the consumer to contractual compensation.
  5. In the event of cancellation under paragraph 3, the entrepreneur will refund the consumer as soon as possible and no later than 14 days after cancellation.
  6. If delivery of an ordered product proves impossible, the entrepreneur will make reasonable efforts to provide a replacement. This will be clearly communicated at the latest upon delivery. The right of withdrawal cannot be excluded for replacement products. Any return costs will be borne by the entrepreneur.
  7. The risk of damage and/or loss of products rests with the entrepreneur until delivery to the consumer or a designated representative, unless explicitly agreed otherwise.
12

Article 12: Long-Term Contracts: Duration, Termination, and Renewal

Termination

  1. The consumer may terminate an agreement of indefinite duration for regular delivery of products (including electricity) or services at any time, subject to agreed termination rules and a notice period of no more than one month.
  2. The consumer may terminate a fixed-term agreement for regular delivery of products (including electricity) or services at the end of the fixed term, subject to agreed termination rules and a notice period of no more than one month.
  3. The consumer may:
    • terminate such agreements at any time without being restricted to a specific moment or period;
    • terminate in at least the same manner as the agreement was concluded;
    • always terminate with the same notice period the entrepreneur has stipulated for themselves.

Renewal

  1. A fixed-term agreement for regular delivery of products or services may not be tacitly renewed or extended for a specified term.
  2. By way of exception, a fixed-term agreement for regular delivery of newspapers and magazines may be tacitly renewed for up to three months, provided the consumer can terminate before the end of the extended period with a notice period of no more than one month.
  3. Fixed-term agreements may only be tacitly extended indefinitely if the consumer can terminate at any time with a notice period of no more than one month, or three months for less-than-monthly deliveries of newspapers and magazines.
  4. Trial or introductory subscriptions for regular delivery of newspapers and magazines are not tacitly renewed and end automatically at the end of the trial period.

Duration

  1. For agreements longer than one year, the consumer may terminate at any time after one year with a notice period of no more than one month, unless reasonableness and fairness prevent termination before the end of the agreed term.
13

Article 13: Payment

  1. Unless otherwise agreed, amounts due must be paid within seven working days of the start of the cooling-off period referred to in Article 6(1). For service agreements, this period begins upon receipt of the confirmation of the agreement.
  2. The consumer must promptly notify the entrepreneur of any inaccuracies in the payment details provided.
  3. In the event of default, the entrepreneur is entitled, within legal limits, to charge the consumer reasonable costs that were communicated in advance.
14

Article 14: Complaints Procedure

  1. The entrepreneur has a sufficiently publicised complaints procedure and handles complaints in accordance with it.
  2. Complaints about the execution of the agreement must be submitted in full and clearly within two months of the consumer discovering the defect.
  3. Complaints are answered within 14 days of receipt. If a complaint requires a longer processing time, the entrepreneur will acknowledge receipt within 14 days and indicate when a more detailed response can be expected.
  4. If the complaint cannot be resolved mutually, a dispute arises that is eligible for dispute resolution.
  5. Consumers should first contact the entrepreneur. If the shop is a WebwinkelKeur member and the complaint cannot be resolved, the consumer may contact WebwinkelKeur (www.webwinkelkeur.nl) for free mediation. Membership can be verified at https://www.webwinkelkeur.nl/ledenlijst/. If no resolution is reached, the consumer may submit the complaint to the independent dispute committee appointed by WebwinkelKeur. Its decision is binding on both parties. The costs of submitting a dispute are borne by the consumer.
  6. Filing a complaint does not suspend the entrepreneur's obligations unless the entrepreneur states otherwise in writing.
  7. If a complaint is found to be valid, the entrepreneur will, at their discretion, replace or repair the relevant products free of charge.
15

Article 15: Disputes

  1. Agreements between the entrepreneur and the consumer to which these terms and conditions apply are governed exclusively by Dutch law, even if the consumer resides abroad.
  2. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.
16

Article 16: Additional or Deviating Provisions

Any additional or deviating provisions must not be detrimental to the consumer and must be recorded in writing or in a manner that allows the consumer to store them accessibly on a durable medium.

Last updated: May 2026

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