Terms and conditions
ASAGAO Japan Mall 

 

specifying, among other things, the rules for concluding sales contracts through the online store, containing the most important information about the Seller, the Store and the rights of the Consumer.

CONTENTS
§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical requirements
§ 4 Shopping in the online Store
§ 5 Payments
§ 6 Order fulfillment
§ 7 Right of withdrawal
§ 8 Exceptions to the right of withdrawal
§ 9 Complaints
§ 10 Personal data
§ 11 Disclaimers
§ 12 Provisions regarding Buyers who are not Consumers
Appendix No. 1 :Sample withdrawal form

§ 1 DEFINITIONS

Working days– days from Monday to Friday, excluding public holidays.
Account– a free function of the Store (a service provided electronically) regulated by separate regulations, thanks to which the Buyer can set up his/her individual Account in the Store.
Consumer– consumer within the meaning of the provisions of the Civil Code.
Buyer– any entity purchasing in the Store.
Pick-up point– point located at: ul. Studencka 6/8, 31-116 Krakow Poland
Statute– these regulations.
Store– ASAGAO Japan Mall run by the Seller at: asagao-japan-mall.myshopify.com.
Seller– ASAGAO Sp. z o.o. with its registered office at Wrocławska 47A/8, 30-011 Krakow, entered into the National Court Register – register of entrepreneurs by the District Court for Krakow-Śródmieście in Krakow, 11th Commercial Division of the National Court Register, under KRS no:. 0000791183, NIP no. 6772444875, REGON no. 383709658, share capital PLN 5,000.00.

§ 2 CONTACT WITH THE SELLER

1. Postal address: Studencka 6/8, 31-116 Krakow, Poland

2. Email address: shop@asagao.pl

3. Telephone: +48 576 186 827

4. Address for returning goods (in the event of withdrawal from the contract): ul.Studencka 6/8, 31-116 Kraków, Poland

5. Address for sending the complained goods: ul. Studencka 6/8, 31-116 Kraków, Poland

§ 3 TECHNICAL REQUIREMENTS

1. For the proper functioning of the Store, you need:

• a device with Internet access

• a web browser that supports JavaScript and cookies.

2. To place an order in the Store, in addition to the requirements specified in paragraph 1, an active e-mail account is required.

§ 4 SHOPPING IN THE STORE

1. The prices of goods visible in the Store are total prices for the goods, including VAT.

2. The Seller points out that the total price of the order consists of the price of the goods indicated in the Store and, if applicable, the costs of delivery of the goods.

3. The goods selected for purchase should be added to the basket in the Store.

4. Then the Buyer selects from the options available in the Store: the method of delivery of the goods and the method of payment for the order, and provides the data necessary to complete the placed order.

5. The order is placed when its content is confirmed and the Regulations are accepted by the Buyer.

6. Placing an order is tantamount to concluding a sales contract between the Buyer and the Seller.

7. The Seller will provide the Consumer with confirmation of the conclusion of the sales contract on a durable medium no later than upon delivery of the goods.

8. The Buyer may register in the Store, i.e. create an Account there, or make purchases without registration by providing his/her data with each possible order.

§ 5 PAYMENTS

1. The placed order can be paid for, depending on the Buyer's choice:

1. Via the Shopify Payments electronic payment system

2. By traditional transfer (please provide the order number in the transfer title)

2. The online payment service provider is Shopify Payments.

3. If there is a need to refund funds for a transaction made by the customer with a payment card, the seller will make a refund to the bank account assigned to the Ordering Party's payment card.

4. If the Buyer chooses to pay in advance, the order must be paid for within 5 Business Days of placing the order.

5. The Seller informs that in the case of some payment methods, due to their specific nature, payment for the order using this method is only possible immediately after placing the order.

6. By making a purchase in the Store, the Buyer accepts the Seller's use of electronic invoices. The Buyer has the right to withdraw this acceptance.

§ 6 ORDER FULFILLMENT

1. The Seller is obliged to deliver goods free from defects.

2. The order fulfillment time is indicated in the Store. If the customer chooses to pay by bank transfer or credit card, the order fulfillment time is counted from the date the payment is credited to the Seller's bank account or settlement account.

3. If the Buyer has chosen to pay for the order in advance, the Seller will start processing the order after it has been paid.

4. If the Buyer has purchased goods with different delivery times within one order, the order will be completed within the time appropriate for the goods with the longest delivery time.

5. Countries in which delivery is made:

1. Republic of Poland

2. Austria

3. Belgium

4. Bulgaria

5. Switzerland

6. The Czech Republic

7. Germany

8. Denmark

9. Spain

10. Estonia

11. Finland

12. France

13. United Kingdom

14. Ireland

15. Italy

16. Netherlands

17. Lithuania

18. Latvia

19. Norway

20. Portugal

21. Romania

22. Slovakia

23. Sweden

6. Goods purchased in the Store are delivered depending on the delivery method chosen by the Buyer:

1. Via DPD Pickup service (Żabka, Dino, Kaufland, Shell)

2. Via DPD Courier

3. To InPost paczkomat (parcel lockers)

4. For countries where the above delivery methods are not available, shipments can be made via Poczta Polska.

7. The buyer can collect the goods in person at the Collection Point during its opening hours, free of charge. Prior to collection, a prior appointment must be made by sending an email to: shop@asagao.pl.

8. If the Buyer chooses personal collection, the goods will be ready for collection on the specified order completion date, and if the Seller has indicated a date for sending the goods – on that date.

9. If the Buyer fails to collect the order at the Collection Point within 7 days, the order will be deemed completed.

§ 7 RIGHT OF WITHDRAWAL FROM THE CONTRACT

1. The Consumer has the right to withdraw from the contract concluded with the Seller via the Store, subject to § 8 of the Regulations, within 14 days without giving any reason.

2. The deadline for withdrawal from the contract expires after 14 days from the date of:

1. on which the Consumer came into possession of the goods or on which a third party other than the carrier and indicated by the Consumer came into possession of the goods.

2. on which the Consumer came into possession of the last item or on which a third party, other than the carrier and indicated by the Consumer, came into possession of the last item in the case of a contract requiring the transfer of ownership of multiple items that are delivered separately.

3. conclusion of a contract - in the case of a contract for the supply of digital content.

3. In order for the Consumer to exercise the right to withdraw from the contract, he or she must inform the Seller, using the data provided in § 2 of the Regulations, of his or her decision to withdraw from the contract by means of an unequivocal statement (e.g. a letter sent by post or information sent by e-mail).

4. The consumer may use the model withdrawal form provided at the end of the Regulations, but this is not obligatory.

5. In order to meet the withdrawal deadline, it is sufficient for the Consumer to send information concerning the exercise of his right to withdraw from the contract before the expiry of the withdrawal deadline.
   
   EFFECTS OF WITHDRAWAL FROM THE CONTRACT

6. In the event of withdrawal from the concluded contract, the Seller shall return to the Consumer all payments received from him, including the costs of delivery of the goods (with the exception of additional costs resulting from the Consumer's choice of a delivery method other than the cheapest standard delivery method offered by the Seller), immediately, and in any case no later than 14 days from the day on which the Seller was informed of the Consumer's decision to exercise the right of withdrawal.

7. The Seller will refund the payment using the same payment methods that were used by the Consumer in the original transaction, unless the Consumer agrees to a different solution; in any case, the Consumer will not incur any fees in connection with this refund.

8. The Seller may withhold reimbursement until receipt of the goods or until proof of their return is provided, whichever occurs first.

9. The Seller requests that the goods be returned to the following address: ul. Studencka 6/8, 31-116 Kraków, Poland immediately, and in any event no later than 14 days from the date on which the Consumer informed the Seller of their withdrawal from the sales contract. The deadline is met if the Consumer returns the goods before the expiry of the 14-day period.

10. The consumer bears the direct costs of returning the goods.

11. If the Consumer fails to collect the shipment from the parcel machine or courier collection point within the stipulated time, which results in its return to the Seller, the Seller reserves the right to charge the Consumer for the costs of returning the shipment, in accordance with the actual costs incurred by the Seller.

12. If you use free delivery for orders over PLN 200 (delivery to a parcel locker / DPD PickUp),
    and then return the entire order, the original shipping cost will be deducted from the refunded amount – in accordance with the standard shipping rates.

13. The consumer is only liable for any reduction in the value of the goods resulting from their use in a manner other than that necessary to establish the nature, characteristics and functioning of the goods.

14. If there is a need to refund funds for a transaction made by the Consumer with a payment card, the Seller will make the refund to the bank account assigned to that payment card.

§ 8 EXCEPTIONS FROM THE RIGHT OF WITHDRAWAL FROM THE CONTRACT

1. The right to withdraw from a distance contract does not apply to the Consumer in relation to a contract:

1. in which the subject of the provision is a non-prefabricated item, manufactured according to the Consumer's specifications or intended to meet his individual needs.

2. where the subject of the service is an item that spoils quickly or has a short shelf life.

3. in which the subject of the service is an item delivered in a sealed package which cannot be returned after opening the package due to health protection or hygiene reasons, if the package was opened after delivery.

4. in which the subject of the performance are things which, after delivery, due to their nature, are inseparably connected with other things.

5. where the subject of the provision are sound or visual recordings or computer programs delivered in a sealed package, if the package was opened after delivery.

6. for the supply of newspapers, periodicals or magazines, with the exception of a subscription agreement.

7. in which the price or remuneration depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur before the deadline for withdrawal from the contract expires.

8. for the supply of digital content that is not recorded on a tangible medium, if the performance of the service has begun with the express consent of the Consumer before the expiry of the withdrawal period and after the entrepreneur has informed him of the loss of the right to withdraw from the contract.

§ 9 COMPLAINTS

1. In the event of a defect in the goods, the Buyer has the right to make a complaint about the defective goods on the basis of the warranty or guarantee regulated in the Civil Code, provided that a guarantee has been granted.

2. When using the warranty, the Buyer may, under the terms and within the time limits specified in the Civil Code:

1. submit a declaration of price reduction

2. in the case of a significant defect - submit a declaration of withdrawal from the contract

3. demand the replacement of the item with a defect-free one

4. demand removal of the defect

3. The Seller requests that complaints under the warranty be submitted to the postal or e-mail address indicated in § 2 of the Regulations.

4. If it turns out that in order to consider the complaint it is necessary to deliver the goods complained about to the Seller, the Buyer is obliged to deliver the goods, in the case of the Consumer at the Seller's expense, to the address ul. Studencka 6/8, 31-116 Kraków.

5. If the product is covered by an additional warranty, information about it and its terms is available in the product description in the Store.

6. Complaints regarding the operation of the Store should be sent to the e-mail address indicated in § 2 of the Regulations.

7. The complaint will be considered by the Seller within 14 days.
   
   OUT-OF-COURT METHODS OF SETTLING COMPLAINTS AND SEEKING CLAIMS

8. If the complaint procedure does not bring the result expected by the Consumer, the Consumer may use, among others:

1. Mediation is conducted by the relevant Provincial Trade Inspectorate, to which you should apply for mediation. As a rule, the proceedings are free of charge. A list of Inspectorates can be found here:https://www.uokik.gov.pl/wazne_adresy.php#faq595.

2. assistance of the locally competent permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which an application for consideration of the case before the arbitration court should be submitted. As a rule, the proceedings are free of charge. A list of courts is available at:https://www.uokik.gov.pl/wazne_adresy.php#faq596.

3. free assistance from the municipal or district consumer ombudsman.

4. online ODR platform available at:http://ec.europa.eu/consumers/odr/.

§ 10 PERSONAL DATA

1. The administrator of personal data provided by the Buyer when using the Store is the Seller.

2. The Buyer's personal data is processed primarily on the basis of a contract and for the purpose of its implementation, in accordance with the principles set out in the General Data Protection Regulation of the European Parliament and of the Council (EU). Detailed information regarding data processing by the Seller is included in the privacy policy posted in the Store.

§ 11 DISCLAIMERS

1. The Buyer is prohibited from providing illegal content.

2. Each order placed in the Store constitutes a separate sales contract and requires separate acceptance of the Terms and Conditions. The contract is concluded for the time and purpose of fulfilling the order.

3. Agreements concluded on the basis of these regulations are concluded in Polish.

4. None of the provisions of these regulations exclude or in any way limit the rights of the Consumer arising from legal provisions.

5. The provisions relating to goods and the sales contract shall apply accordingly to digital content and the contract for the supply of digital content, unless the Regulations specify these issues separately.

§ 12 PROVISIONS RELATING TO BUYERS WHO ARE NOT CONSUMERS

1. The right to withdraw from a distance contract does not apply to any entity other than the Consumer.

2. Any liability of the Seller towards a Buyer who is not a Consumer is excluded.

3. In the event of a dispute with a Buyer who is not a Consumer, the competent court will be the court having jurisdiction over the registered office of the Seller.

Appendix No. 1 to the Regulations

Below is a sample withdrawal form which the Consumer may, but does not have to, use:

WITHDRAWAL FORM SAMPLE
(this form should be completed and returned only if you wish to withdraw from the contract)

ASAGAO sp. z o.o.
ul. Studencka 6/8, 31-116 Kraków, Poland
email address: shop@asagao.pl

- I/We(*) ..................................................................... hereby inform about my/our withdrawal from the contract of sale of the following items(*) / for the provision of the following service(*) / for the supply of digital content in the form of(*):

..................................................................................................................................................................................................................

..................................................................................................................................................................................................................

..................................................................................................................................................................................................................

- Date of conclusion of the contract(*)/receipt(*) ..........................................................................................................................

- Name and surname of the Consumer(s): ...............................................................................................................................

- Address of the Consumer(s): .........................................................................................................................................

..................................................................................................................................................................................

.............................................................................................
Consumer's Signature
(only if the form is sent in paper version)


Data ............................................

(*) Delete as appropriate.

Account Terms and Conditions

ASAGAO Japan Mall Account Terms and Conditions

CONTENTS
§ 1 Definitions
§ 2 Contact with the Seller
§ 3 Technical requirements
§ 4 Account
§ 5 Complaints
§ 6 Personal data
§ 7 Disclaimers

§ 1 DEFINITIONS

Account– a free function of the Store (service) regulated in these regulations, thanks to which the Buyer can set up his/her individual Account in the Store.
Buyer- any entity purchasing in the Store.
Store– ASAGAO Japan Mall run by the Seller at: asagao-japan-mall.myshopify.com.
Seller- ASAGAO Sp. z o.o. with its registered office at ul. Wrocławska 47A/8, 30-011 Kraków, entered into the register of entrepreneurs of the National Court Register maintained by the District Court for Kraków-Śródmieście in Kraków, 11th Commercial Division of the National Court Register, under the KRS number 0000791183, Tax Identification Number (NIP) 6772444875, National Business Registry Number (REGON) 383709658, share capital PLN 5 000.00.

§ 2 CONTACT WITH THE SELLER

1. Postal address: ul.Studencka 6/8, 31-116 Kraków, Poland

2. Email address: shop@asagao.pl

3. Telephone: +48 576 186 827

§ 3 TECHNICAL REQUIREMENTS

1. For the proper functioning and creation of an Account, you need:

• active email account

• a device with Internet access

• a web browser that supports JavaScript and cookies

§ 4 ACCOUNT

1. Creating an Account is entirely voluntary and depends on the will of the Buyer.

2. The account gives the Buyer additional options, such as: viewing the history of orders placed by the Buyer in the Store, checking the status of the order or editing the Buyer's data independently.

3. To create an Account, please complete the appropriate form in the Store.

4. When an Account is created, an agreement is concluded for an indefinite period between the Buyer and the Seller regarding the management of the Account on the terms specified in these regulations.

5. The Buyer may cancel the Account at any time without incurring any costs.

6. In order to cancel your Account, you must send your cancellation to the Seller at the following e-mail address: shop@asagao.pl, which will result in immediate deletion of the Account and termination of the Account management agreement.

§ 5 COMPLAINTS

1. Complaints regarding the functioning of the Account should be sent to the e-mail address shop@asagao.pl.

2. The complaint will be considered by the Seller within 14 days.
   
   OUT-OF-COURT METHODS OF SETTLING COMPLAINTS AND SEEKING CLAIMS

3. If the complaint procedure does not bring the result expected by the Consumer, the Consumer may use, among others:

1. Mediation is conducted by the relevant Provincial Trade Inspectorate, to which you should apply for mediation. As a rule, the proceedings are free of charge. A list of Inspectorates can be found here:https://www.uokik.gov.pl/wazne_adresy.php#faq595.

2. assistance of the locally competent permanent consumer arbitration court operating at the Provincial Inspectorate of Trade Inspection, to which an application for consideration of the case before the arbitration court should be submitted. As a rule, the proceedings are free of charge. A list of courts is available at:https://www.uokik.gov.pl/wazne_adresy.php#faq596.

3. online ODR platform available at:http://ec.europa.eu/consumers/odr/.

§ 6 PERSONAL DATA

1. The administrator of personal data provided by the Buyer when using the Store is the Seller.

2. The Buyer's personal data is processed primarily on the basis of a contract and for the purpose of its implementation, in accordance with the principles set out in the General Data Protection Regulation of the European Parliament and of the Council (EU). Detailed information regarding data processing by the Seller is included in the privacy policy posted in the Store.

§ 7 DISCLAIMERS

1. The Buyer is prohibited from providing illegal content.

2. The Account management agreement is concluded in Polish.

3. In the event of important reasons referred to in paragraph 4, the Seller has the right to change these Account regulations.

4. The important reasons referred to in paragraph 3 are:

1. the need to adapt the Store to the legal provisions applicable to the Store's activities

2. improving the security of the service provided

3. a change in the functionality of the Account requiring a modification of the Account regulations.

5. The Buyer will be informed about the planned change to the Account regulations at least 7 days before the change comes into effect via an e-mail sent to the address assigned to the Account.

6. If the Buyer does not accept the planned change, he/she should inform the Seller about it by sending an appropriate message to the Seller's e-mail address shop@asagao.pl, which will result in termination of the Account management agreement upon entry into force of the planned change or earlier if the Buyer submits such a request.

7. If the Buyer does not object to the planned change until it comes into effect, it is assumed that he accepts it, which does not constitute any obstacle to terminating the contract in the future.

8. In the event of a dispute with a Buyer who is not a Consumer, the competent court will be the court having jurisdiction over the registered office of the Seller.

9. None of the provisions of these regulations exclude or in any way limit the rights of the Consumer arising from legal provisions.