GENERAL TERMS AND CONDITIONS
The present General Terms and Conditions (hereinafter referred to as the Terms and Conditions) govern the relations between VERDE ESMERALDA JAPÓN and their customers with respect to use of the web-site www.verde-esmeralda.com as well as to distance contracts for the purchase and sale of Products, effected through store.verde-esmeralda.com.
By using this website www.verde-esmeralda.com by any mean, either by entering data or any other electronic interaction or by registration of user account on the web-site, you assert that you accept the present terms and conditions stated below and undertake to submit to them.
The Terms and Conditions are applicable to all relations arising between VERDE ESMERALDA JAPÓN and the customers who use the website, regardless of whether the latter have undertaken orders to purchase Products from the online store and regardless whether the latter have a registered account or not.
VERDE ESMERALDA JAPÓN is a brand which driven by Tequnicae Veritas Aequalitas, Inc. with an exclusive importer contract of ASIA territory with Verde Esmeralda Olive, S.L.- Tequnicae Veritas Aequalitas, Inc.(Short : TeVeAe, Inc.) is a company duly registered under the Japan Government legislation, with registered at 3-2, Kyobashi 1-Chome, Chuo-Ku Tokyo, 1040031, Japan. Identification code:8010001156493. Bank account:2617606(for domestic) or 9126624(for international), blanch code:024, bank code:001, SWIFT code:MHCBJPJT.
Website - a web-site of VERDE ESMERALDA JAPÓN at: www.verde-esmeralda.com, including the following web-pages within: commercial.verde-esmeralda.com; olive.verde-esmeralda.com and store.verde-esmeralda.com, and verde-esmeralda.com domain and its subdomains: commercial.verde-esmeralda.com; olive.verde-esmeralda.com and store.verde-esmeralda.com.
The Website and the pages, as well as all of their Content is owned and administered by VERDE ESMERALDA JAPÓN.
Content - All information made available on the Website and accessible by means of Internet connectivity; the content of all email messages sent by VERDE ESMERALDA JAPÓN to their customers; any other information sent, conveyed or otherwise made available to the client, including the information sent by or received by VERDE ESMERALDA JAPÓN, regardless of the manner and means of communication; information relating to Products, services and / or prices as well as promotions offered by VERDE ESMERALDA JAPÓN; information concerning VERDE ESMERALDA JAPÓN or any other information of VERDE ESMERALDA JAPÓN.
Service - client’s opportunity to electronically access the Content and to order Products from VERDE ESMERALDA JAPÓN’s product catalogue, thereby including but not limited to registration of a client’s profile and, in particular the Purchase through the online store, located on the website store.verde-esmeralda.com.
Products – articles of Aceite de Oliva Virgen Extra(hereafter AOVE), including Bottle, Bag and accessories, manufactured by VERDE ESMERALDA OLIVE , S.L. or by VERDE ESMERALDA JAPÓN’s subcontractors and bearing the trademark ‘VERDE ESMERALDA JAPÓN and VERDE ESMERALDA’, offered for sale within the Online Store.
Purchase - the exchange of VERDE ESMERALDA JAPÓN’s Products for an agreed upon value in money (the price) paid by the Client while using the Online Store.
Online Store - the web-based, distance sales scheme run by VERDE ESMERALDA JAPÓN by means of distance communication, located at: store.verde-esmeralda.com.
Client - any natural person having access to the content, the services or the Website in any way, including by creating a profile; as well as any individual who purchases Products from the catalogue of VERDE ESMERALDA JAPÓN through the Online store.
Profile or Account - an element of the Website consisting of a username and password that allows a Client to reach the restricted parts of the Website through which the Services are available and information is exchanged between VERDE ESMERALDA JAPÓN and the Client. The Profile is created for a personal use only and not for resale on commercial scale under the present Terms and Conditions, unless otherwise agreed to between the Client and VERDE ESMERALDA JAPÓN.
Distance contract (or Contract of distance) — any contract concerning goods concluded between VERDE ESMERALDA JAPÓN and the Client by means of the Online Store. For the avoidance of any doubt, each separate order for purchase of Products from the Online Store is considered a separate distance contract.
Brochures / notices / commercial messages — information messages, mainly electronic, on Products and services offered by the Online store, including promotions, without being binding upon VERDE ESMERALDA JAPÓN or the Client on the account of the information provided therein.
2.1. These Terms and Conditions set out the rules under which the Client may use the Website, the Content and/or the Services, including the rules for purchase of Products from the catalogue of VERDE ESMERALDA JAPÓN through the conclusion of a Distance contract between VERDE ESMERALDA JAPÓN and the Client.
2.2. Using, including but not limited to accessing or visiting and viewing the Content and/or the Services may be carried out freely by the Client, regardless of whether the Client has created a Profile on the Website. Concluding a Distance contract involves Client's prior acceptance of these Terms and Conditions, expressed by using the website, placing an order and/or entering data or by Purchase through the online store.
2.3. Access to the Services is possible exclusively through the publicly available website www.verde-esmeralda.com, and online purchases of Products are available by accessing store.verde-esmeralda.com.
2.4. If the Client does not agree or does not accept or revokes its consent to these Terms and Conditions:
2.4.1. It shall be deemed that they refrain from accessing the Services, as well as receiving Brochures, Notices and / or Commercial messages, and any other communication by VERDE ESMERALDA JAPÓN (electronic, phone, etc.) including waive their right to make purchases from the Online store.
2.4.2. The Client's Profile on the Website shall be deactivated by VERDE ESMERALDA JAPÓN. Thereafter, the Client may again sign up on the Website, provided that they accept these Terms and Conditions pursuant to item 2.2.
2.4.3. After receiving a Client’s statement of disagreement with these Terms and Conditions VERDE ESMERALDA JAPÓN will delete their Profile on the Website and shall have no further liability whatsoever towards such a Client, thereby including damages irrespective of their cause of occurrence.
2.4.4. The Client may at any time withdraw their statement of disagreement with these Terms and Conditions having effect as of the date of such statement, as this right can be exercised not earlier than the time of said statement's receipt by VERDE ESMERALDA JAPÓN.
2.4.5. In order to exercise the right under this clause 2.4. the Client may address VERDE ESMERALDA JAPÓN by sending an email message or by using the Internet contact form available on the Website.
2.5. The Client's withdrawal from their agreement with these Terms and Conditions shall not affect any agreements between the parties accrued prior to that.
2.6. The Client may at any time acknowledge, accept and agree to these Terms and Conditions applicable at the date of the statement of consent at the registration of a Profile on the Online store, as the consent to the Terms and Conditions is a prerequisite for effecting Purchases.
2.7. The Website and the Content published on it are available to any natural person meeting the definition for a Client, without having to register a Profile. Only Clients aged 18 years or above may effect Purchases via the Online store and this is without prejudice to their nationality, domicile or residence. By registering a Profile on the Website, the Clients declare that they are at least 18 years old, and this shall be assumed by VERDE ESMERALDA JAPÓN until proven otherwise.
2.8. Each Client can only have one Profile on the Website for making Purchases. VERDE ESMERALDA JAPÓN shall not allow the Clients to share their Profiles with other Clients or third-parties. The Client and VERDE ESMERALDA JAPÓN agree that the responsibility for any damage from such sharing rests upon the Client. In such cases, VERDE ESMERALDA JAPÓN reserves the right to suspend or restrict the Client’s access to the Online store without sending a warning.
2.9. VERDE ESMERALDA JAPÓN and the Clients agree and acknowledge that they will recognize the value of electronic signatures within the meaning of the Electronic Identification and Trust Services (eIDAS) Regulation as if they were handwritten in their mutual relations and this shall also apply, in particular, to any information in electronic form, added to or logically associated with any electronic statement aimed at establishing such statement’s authorship, including the use of a specific Profile, will be deemed as valid as a handwritten signature in the relations between the parties.
3.1. All content, including, but not limited to static images, dynamic images, text and / or multimedia content, design, software, databases, information and any other content posted on the Website is sole and exclusive intellectual property of VERDE ESMERALDA JAPÓN.
3.2. The Client must not copy, transfer rights to, modify, reproduce or make any other changes, or publish and distribute in any way, any Content from the Website without the prior written consent of VERDE ESMERALDA JAPÓN.
3.3. Apart from the foregoing item 3.2. the Client is entitled to link to the Content on the social networks Facebook, Twitter, Instagram, Tumblr, Pinterest, Snapchat, etc., using the buttons "share", placed within the description of each product in the Online store.
4.1. The Client, when registering their Profile on the Website or when effecting a Purchase, provides VERDE ESMERALDA JAPÓN with their complete and accurate identity as well as the means how VERDE ESMERALDA JAPÓN can contact them.
4.2. By making the contact form available on the Website VERDE ESMERALDA JAPÓN allows Clients to reach to VERDE ESMERALDA JAPÓN by sending messages, questions and inquiries related to the Services, as well as postal address for delivery of the Products.
4.3. By entering data in the Website, the Client expressly allows VERDE ESMERALDA JAPÓN to use, including, but not limited to, mail, email and telephone to communicate with the Client in relation to the Content, the Services, Purchases and Distance contracts.
4.4. The Client also agrees to receive notifications, messages and information from VERDE ESMERALDA JAPÓN in their Profile on the Website, if such Profile is created by the Client.
5. Brochures, Information and Communications
5.1. By choosing the option "Keep me up to date on news and exclusive offers" on the Website, the Client requests to receive Brochures, Notices and/or Commercial messages sent by VERDE ESMERALDA JAPÓN which may be associated with the Products offered by VERDE ESMERALDA JAPÓN in the Online store, unless the Client has opted out of the option.
5.2. The Client may at any time opt out from the receipt of Brochures, Notices and/or Commercial messages by:
5.2.1. pressing on a specifically designated Internet link contained in any Brochure and/or Notice;
5.2.2. notifying VERDE ESMERALDA JAPÓN by e-mail.
5.3. Opting out from receipt of Brochures, Notices and/or Commercial messages is not and shall not be deemed a Client’s statement of disagreement with these Terms and Conditions.
5.4. In Brochures, Notices and/or Commercial messages addressed to the Client VERDE ESMERALDA JAPÓN is entitled to include other advertising information pertaining to third parties and their supply of Products and/or services.
6.1. In strict compliance with the Personal Data Protection legislation and particularly with Article 14 of the Regulation (JP) 2014/57 (a.k.a. the GDPR), VERDE ESMERALDA JAPÓN shall have the right to process (collect, use, disclose, etc.) Clients’ personal data only for the following purposes:
- confirmation, delivery and invoicing of an order;
- verification, validation and processing of payments;
- refusal or impossibility to perform orders or dealing with other problems of any kind, relating to the Distance contract;
- provision of services, including performance of Distance contracts and all obligations arising out of them;
- sending Brochures, Notices and Commercial communications for purposes of entering into Distance contract upon request of the Client made under clause 5;
- communication with Clients regarding the customer care;
- statistics and marketing research.
6.2. In strict compliance with the Personal Data Protection legislation and particularly with Article 14 of the GDPR, VERDE ESMERALDA JAPÓN shall have the right to collect other data (technical or telecommunication data such as IP address, time of visit, place of visit, name and version of the web-browser, operating system, and other parameters), provided by Clients’ web-browsers used to access the Website, with the purpose to maintain or improve the Services provided to the Clients or for statistical purposes.
6.3. VERDE ESMERALDA JAPÓN collects and processes only data voluntarily provided by the Clients. VERDE ESMERALDA JAPÓN shall not be expected to obtain necessary data from other sources, in order to enact or fulfil a Purchase or to facilitate delivery.
6.4. VERDE ESMERALDA JAPÓN shall have the right to use the data collected only in accordance with above purposes and not to sell, lend, license, transfer, etc., its database containing personal and specific Client information to third-parties who are not tied to achieving the above purposes.
6.5. For the avoidance of any doubt, the VERDE ESMERALDA JAPÓN may disclose and make the personal data of Clients available to third parties as employees of VERDE ESMERALDA JAPÓN, affiliates of VERDE ESMERALDA JAPÓN, subcontractors, suppliers and distributors of VERDE ESMERALDA JAPÓN, to the extent this is necessary for the implementation of the purposes mentioned above, including to enable those third parties to perform services to VERDE ESMERALDA JAPÓN such as technical support, delivery, processing of orders, payments and invoices, client service, statistics, etc., for the achievement of the above purposes. VERDE ESMERALDA JAPÓN explicitly states those third-parties receiving personal data for the purposes in clause 6.1., as follows: for facilitations of payments: PayPal, Checkout.com, Shopify, Rakuten; for facilitation of deliveries (delivery services): DHL/Deutsche Post, Kuroneko/Yamato, Japan Post, EMS.
6.6. Pursuant to Article 14 of the GDPR, VERDE ESMERALDA JAPÓN may process and provide to third parties personal data for purposes other than those specified in these Terms and Conditions where this is required by state or municipal authorities, as well as in the cases provided for by mandatory law in effect at the time of the legal ground for processing and provision.
6.7. For correction, erasure (or closing a Profile) or access to the personal data, or for limiting or objecting of processing of personal data, the Client may write on the following email address: firstname.lastname@example.org .
6.8. The Client have a right to lodge a complaint to the personal data supervisory authority, which is: Personal Information Protection Commission Japan., Kasumigaseki Common Gate West Tower 32nd Floor, 3-2-1, Kasumigaseki, Chiyoda-Ku, Tokyo, 100-0013, Japan; www.ppc.go.jp
7. Products and Specifications
7.1. VERDE ESMERALDA JAPÓN may publish on the Website information on Products from its catalogue, including promotional campaigns for specific Products.
7.2. Products purchased through the Online store are intended solely for personal use by the Client. The Products ordered will be used only in a lawful manner. Products from the Online store may not be purchased for resale or professional use, unless explicit written consent is granted by VERDE ESMERALDA JAPÓN. Such consent shall be based on prior notification to VERDE ESMERALDA JAPÓN, designating the specific purpose of such Purchase.
7.3. All Products of VERDE ESMERALDA JAPÓN are limited edition. It is visible in the detailed preview and stated in the description for every item. Thus, VERDE ESMERALDA JAPÓN sells small quantities of each product and those quantities may be depleted shortly after a purchase is effected prior to delivery. In such case, VERDE ESMERALDA JAPÓN shall not be held responsible for delivery, as per clause 12.3 bellow.
7.4. Certain weights, measurements and similar descriptions are approximate and provided for convenience purposes only. VERDE ESMERALDA JAPÓN makes all reasonable efforts to accurately display the attributes of the Products, including the applicable colors; however, the actual color seen on the Website may vary depending on the device display used by the Client; in the respect, VERDE ESMERALDA JAPÓN cannot guarantee accurately display of such colors.
7.5. VERDE ESMERALDA JAPÓN reserves the right to make minor changes and improvements in the collections, necessitated by their development and entry into production, while retaining their taste, style, vision and form.
8. Price terms
8.1. VERDE ESMERALDA JAPÓN is entitled to change the prices of the Products offered in the Online store, without any prior notice to the Client.
8.2. Valid prices of the Products in the Online store, including those for Products ordered to purchase by the Client, are those displayed at the time of completion of the Purchase process.
8.3. Price discounts offered in the Online Store are those displayed at the time of purchase. Discounts shall be valid until the stocks last and/or during the period of discount (promotional period).
8.4. The price of Products offered and purchased through the Online store cannot change with regard to particular Client after completing a Purchase by that said Client.
8.5. All prices related to Products offered in the Online Store are in JPY and include Sales Tax(for domestic sales) in the amount of 8% for AOVE and 10% for Accessories. The prices of Products may be shown in approximation in other currencies - USD only for the convenience of the Client.
8.6. All prices are exclusive of shipping costs and/or additional costs associated with the mode of delivery selected by the Client. VERDE ESMERALDA JAPÓN shall indicate on the Website the exact amount of the additional costs that the Client will be required to pay and the total Distance Contract value, including the price of the ordered Products, including all fees, costs of delivery and/or the additional costs associated with the mode of delivery selected by the Client. For the avoidance of doubt, at the conclusion of a Distance contract the Client provides their express consent to pay the total cost of the purchase made, including shipping costs and additional costs associated with the mode of delivery selected by the Client.
8.7. The shipping price doesn't include the customs duties and taxes if any such duties or taxes are applicable. Recipients of shipments outside the Japan are responsible for any customs fees, duties, taxes and other levies.
9.1. Every Client aged 18 years or above may access the Online Store to initiate Purchases. VERDE ESMERALDA JAPÓN may restrict access to the Online Store for making Purchases for Clients in view of their previous behavior without prior warning or notice.
9.2. The Client may request a Purchase at any time of each product in the Online store, designated as available for sale.
9.3. The Client can make a Purchase of Products, which at the time of the Purchase are not available for sale, if there is a designated time limit within which that particular product/s will be available (i.e. pre-order of Products). In those case the following rules shall apply:
9.3.1. In the event that there is a delay for pre-ordered Products due to the nature and specifics of the production process, VERDE ESMERALDA JAPÓN undertakes to update the information for the respective Products in the Online store, estimating a new period in which the Products will be available, and shall notify the Clients who have made Purchases of such Products, and VERDE ESMERALDA JAPÓN shall undertake all necessary actions for the delivery of the ordered Products in the shortest possible time. In this case of delay the Client has the right to withdraw the pre-order and to claim back the price paid.
9.3.2. In case the Client has pre-ordered two or more Products, for which different terms are designated, VERDE ESMERALDA JAPÓN shall perform the Purchase, after all of the ordered Products become available. In case there is a delay of one or more of those periods, VERDE ESMERALDA JAPÓN is obliged to immediately notify the Client for the delay and for the new term when the Products will be available. In this case the Client is entitled: 1.) to request execution of the Purchase of Products which are already available, and to waive the Purchase of the other as well as to ask for refund of the price paid for those not yet available; 2.) declare that he or she wishes to receive all ordered Products in one delivery once the not yet available Products become available.
9.4. By completing the Purchase in the Online Store, the Client agrees and declares that all the information provided by him is true, accurate and complete at the time of Purchase. By completing the Purchase, the Client agrees that VERDE ESMERALDA JAPÓN can reach them electronically — by sending an email message to the Client in connection with the following situations:
9.4.1. confirmation of the availability and quantity of the Products purchased by the Client through the Online store;
9.4.2. confirmation of the value of Purchases made, including the costs of its implementation, which are borne either by the Client or VERDE ESMERALDA JAPÓN and the conditions under which Products can be returned;
9.4.3. coordinating the mode of delivery of Products subject to the Purchases made by the Client.
9.5. Until the commencement of delivery of the ordered Products VERDE ESMERALDA JAPÓN may, with prior written notice, unilaterally elect not to fulfil Client’s order, in the following cases:
9.5.1. the information provided by the Client is incomplete and / or inaccurate;
9.5.2. the actions of the Client’s interacting with the Website may cause harm to VERDE ESMERALDA JAPÓN;
9.5.3. if two consecutive Purchases were not successfully completed / fulfilled due to reasons attributable to the Client.
9.6. The Client may withdraw from Purchases made, if VERDE ESMERALDA JAPÓN contacts the Client in connection with any of the cases under the present clause 9.
9.7. Purchase is considered completed and VERDE ESMERALDA JAPÓN shall be obliged to perform the Purchase only after the Client has paid all amounts due to VERDE ESMERALDA JAPÓN, notwithstanding any withdrawal of consent with these Terms and Conditions.
10.1. In the Online store VERDE ESMERALDA JAPÓN shall provide information on means of payments of the price of the Products and other delivery costs. The Client must choose one of the following methods of payment:
10.1.1. credit card payment — payment is made upon completion of the purchase by the Client as VERDE ESMERALDA JAPÓN notifies the Client by sending an email to the Client for the payment already received, and then VERDE ESMERALDA JAPÓN shall proceed to the execution on the Purchase; VERDE ESMERALDA JAPÓN may use third-party services of Shopify payment, Checkout.com, PayPal, Rakuten pay, etc., to facilitate such payments.
10.1.2. payment through PayPal, in which the payment is credited to VERDE ESMERALDA JAPÓN’s account immediately or not later than 24 hours from the payment, unless the payment through PayPal is made by the PayPal option “eCheck payments” where the price paid enters the account of VERDE ESMERALDA JAPÓN within 10 days of its payment. In any case, VERDE ESMERALDA JAPÓN shall notify the Client by notice to his or her email address listed in his or her PayPal account for the payment received, and only after that the VERDE ESMERALDA JAPÓN shall proceed to execute the Purchase.
10.1.3. payment by bank transfer, in which:
1.) The bank charges for the transfer are borne by the Client;
2.) The Client states the purchase number as the reason of payment;
3.) The Client is obliged,
within three days of completion of the order to send to VERDE ESMERALDA JAPÓN a copy of the payment order for the payment effected. In the event that whatever of the conditions mentioned in the previous sentence is not fulfilled, VERDE ESMERALDA JAPÓN shall have no obligation to execute the purchase and shall not be liable to the Client for any consequences arising out therefrom.
10.2. The Client agrees and undertakes to pay in advance the Purchase price using the mode of payment chosen by him or her and according to the terms between the Client and the provider of the corresponding payment service(s). In case VERDE ESMERALDA JAPÓN has not received the payment in accordance with Client’s mode of payment, VERDE ESMERALDA JAPÓN shall assume that the Client has waived the Purchases made, and the Distance contract shall be deemed terminated.
10.3. In case the Client changes his personal data without having notified VERDE ESMERALDA JAPÓN thereof all Distance contracts concluded shall be executed according to the data made available to VERDE ESMERALDA JAPÓN prior to such change.
10.4. Upon an explicit request, VERDE ESMERALDA JAPÓN undertakes to inform the Client about the condition of the Purchase and the stage of its execution, including through publication of a respective notice in the Client’s Profile on the Online store.
11.1. At the Online store VERDE ESMERALDA JAPÓN shall provide information on existing restrictions on delivery of Products, if any.
11.2. Purchased Products will be shipped to an address designated by the Client in the registration form of Online Store.
11.3. The Client is entitled to receive the Products purchased through a delivery service, selected by VERDE ESMERALDA JAPÓN or by a delivery service specified by the Client. VERDE ESMERALDA JAPÓN is obliged to deliver the Products by such any the delivery service. Risk of accidental loss or damage to the product pass to the Client from the moment of dispatch to the delivery service thereof. The VERDE ESMERALDA JAPÓN shall not bear the risk of loss or damage from after the dispatch to the delivery service.
11.4. Client accepts and acknowledges that the delivery term may vary from seven (7) to fourteen (14) days from the date of completion of the Purchase, however not later than thirty (30) days from that time, except in cases of a pre-order. VERDE ESMERALDA JAPÓN may indicate expected time for delivery of specific Products in the Website or in the Client’s Profile and the Client agrees and acknowledges that such indications will have a merely approximate and indicative nature shall not prejudice the delivery term agreed to herein by the Client and VERDE ESMERALDA JAPÓN.
11.5. If the Products subject to a Purchase cannot be delivered due to a circumstance attributable to VERDE ESMERALDA JAPÓN, VERDE ESMERALDA JAPÓN shall immediately inform the Client accordingly, and refund the price and delivery costs paid by the Client.
11.6. In the event that the delivery of the Purchase is not carried out due to a circumstance attributable to the Client (or instance, because the Client was not present at the address indicated at the time of Purchase, or because of an incorrect address or telephone number), or any other reasons, and as a result, the Purchase is returned to VERDE ESMERALDA JAPÓN, VERDE ESMERALDA JAPÓN undertakes to refund the payment to the Client, only upon deducting the expenses incurred for the transport in both directions (sending and returning the Products).
11.7. After the acceptance of the Products subject to Purchase, the Client is obliged to scrutinize whether they comply with the order and fulfil Client’s requirements under the following conditions: when checking the Products, the Client must handle products as fragile; the Client is obliged to keep the Products away from smoke or other odor that may impair the Products and to keep the Products from contact with liquids, pet hairs, spots or stains regardless of their origin. If, upon checking, Clients decide to withdraw from the Distance contract and return the Products, they may only do so, if they have previously folded and packed the Products neatly in the original packaging and stored them in a secure and safe place with respect to external influences that may impair the original appearance and condition of the Products.
12. Quality and guarantee
12.1. The Client may reckon upon the guarantee provided for in the Law on consumer protection that the Products subject matter of the Purchase shall conform with the conditions of the Distance contract.
12.2. Without prejudice to the guarantee pursuant to the preceding clause 12.1 and at VERDE ESMERALDA JAPÓN’s sole discretion, some of the Products in the Online store may be offered alongside a contractual guarantee, the respective information for which will be provided in the corresponding product description in the Online store. The existence of such contractual guarantee does not limit the legal guarantee for conformity of the Products purchased by means of the Distance contract within the meaning of the Law on consumer protection. The exact details of such a contractual guarantee are provided in the documents accompanying the Products. The period of that contractual guarantee, if any, cannot be amended by the Client, except as permitted by mandatory law or in these Terms and Conditions.
12.3. VERDE ESMERALDA JAPÓN assumes no guarantee for the availability of any Products in the Online store and, should a product, purchased by a Client, be no longer available, a respective notice will be immediately sent to the Client. In this case the Client has the right to be reimbursed for the price paid for the Products as well as for the expense for delivery to the extent actually incurred.
13. Returning of Products
13.1. The Client has the right to withdraw from the Distance contract and to return the Products purchased through the Online store not later than seven (7) calendar days from acceptance of the Products subject to Purchase by the Client or by a third party indicated by the Client and other than the delivery service. The right of withdrawal shall be exercised without compensation or penalty to the Client, in the following cases:
13.1.1. the Products are delivered or invoiced wrongly;
13.1.2. the Products are delivered wrongly quantity;
13.1.3. the product has manufacturing defects;
13.1.4. other cases, including when reason is not provided.
13.2. Clients are obliged to unambiguously inform VERDE ESMERALDA JAPÓN of their withdrawal by sending an email to: email@example.com , containing the number of the Purchase and the designation of the Products returned within the meaning and the terms specified here.
13.3. The Client shall have no right to withdraw from the Distance contract and any withdrawal already exercised shall be null and void and VERDE ESMERALDA JAPÓN shall have no obligation to reimburse the Client for the price and delivery costs paid by the Client in the following situations:
13.3.1. the notice of withdrawal is accompanied by a request for a replacement of the purchased Products with Products of a different type or Products having different characteristics. If the Clients wish to purchase Products either of a different type or bearing different characteristics, they will have to exercise their right of withdrawal subject to clause 13.10 and 13.1.4. and to undertake a new Purchase under these Terms and Conditions.
13.3.2. the statement of withdrawal is submitted outside any of the preclusion periods specified in item 13.1.
13.3.3. the returned Products are not in the condition in which they were delivered to the Client (not in the original packaging with all tags attached and all accompanying documents).
13.3.4. where the Purchase pertains to sealed Products(AOVE) which were unsealed after delivery and cannot be returned.
The price paid for such Products will not be refunded upon their return from the Client.
13.3.5. the Products were used in contrary to the present Terms & Conditions, or have not been handled with fragile and violates the Food Sanitation Act or their novelty value appears to otherwise have been negatively influenced. In those cases, the Products returned by the Clients will be sent back to them on their account, and the price and the cost of their purchase will not be refunded.
13.4. A Client who exercises the right of withdrawal of the Purchase is obliged to return back to VERDE ESMERALDA JAPÓN the received Products in the state in which they were delivered with their original packaging, labels and tags no later than seven (7) calendar days from the day the Client has notified VERDE ESMERALDA JAPÓN for the withdrawal. The preclusion period is met if the Client returns the Products before the expiration of the 7-day period. The Client is obliged to store the Products in an appropriate manner, to take care for their quality, integrity and security until their return. The Client is responsible for the diminished value of the Products as a result of their use after their delivery, which use has resulted in a condition of the Products other than that on the date of sending them to the Client. In the case of the previous sentence, and in views of the nature of our goods as a high quality AOVE, VERDE ESMERALDA JAPÓN is not obliged to reimburse the Client for the price of the Products and the transportation costs.
13.5. A Client who has made a Purchase having its place of delivery in a country which is not a member of Japan is required, when returning the Products under these Terms and Conditions, to complete and apply a Return form to the Products. The Return form is provided in the consignment to which the Products are supplied. If necessary, the Return form can be sent to the Client after sending a request to this address: firstname.lastname@example.org. In this case, VERDE ESMERALDA JAPÓN shall organize the return of the Products by a delivery service and the Client shall bear the respective cost of return. Item 13.5. shall not apply to cases where the purchase is designated to dispatch to a Member of Japan.
13.6. The client will return the product to the shipping address specified by VERDE ESMERALDA JAPÓN.
13.7. Upon withdrawal under item 13.1.1. VERDE ESMERALDA JAPÓN shall undertake to replace the Products subject to the Purchase, and shall undertake the transport expenses for returning of the replaced Products and for sending the replacing Products to the Client. In the event that the replacement of a product is not available, VERDE ESMERALDA JAPÓN undertakes to reimburse the Client for the price paid as to undertake the shipping costs for return of the Products.
13.8. Upon withdrawal of the Purchase under item 13.1.3. — where the delivered Products have defects, the Client is required to thoroughly describe, including by sending photos, all defects in the Products. If VERDE ESMERALDA JAPÓN establishes an actual defect in the respective product, VERDE ESMERALDA JAPÓN undertakes to perform replacement of the same product as well to undertake all transport costs for returning the replaced product and for delivering the replacing product to the Client. In case the Client wishes no replacement and demands to return the product and to be reimbursed for the price paid, VERDE ESMERALDA JAPÓN shall reimburse the Client for the price paid and undertake the transport costs for returning the Products. In the event that the replacement product is not available, VERDE ESMERALDA JAPÓN shall reimburse the Client for the price paid and shall undertake the transport costs for returning the Products.
13.9. In case of withdrawal within the meaning of item 13.1.4. VERDE ESMERALDA JAPÓN shall reimburse the Client for all payments made, excluding the delivery costs. The amounts under the previous item 13.19. will be reimbursed to the Clients within fourteen (14) days from the date on which VERDE ESMERALDA JAPÓN was notified by the Clients of their decision to withdraw. VERDE ESMERALDA JAPÓN is entitled to halt the reimbursement to the Client until safe receipt of the Products. In the cases of item 13.5. VERDE ESMERALDA JAPÓN shall reimburse the Client after completion of the procedure for clearance of the Products from the Tokyo customs, which takes no less than 30 days.
13.10. In all cases of reimbursement not specified above, the reimbursement shall be done within fourteen (14) days from the date of VERDE ESMERALDA JAPÓN’s confirmation that the Products are safely received. The Client accepts the reimbursement to occur in the same way the Client has used for paying for the Products. In the cases of item 13.5. VERDE ESMERALDA JAPÓN shall reimburse the Client after completion of the procedure for clearance of the Products from the Tokyo customs, which takes no less than 30 days.
13.11. In the event that the Products cannot be delivered on time, VERDE ESMERALDA JAPÓN undertakes to reimburse the Client for the amounts paid within fourteen (14) days from the date on which VERDE ESMERALDA JAPÓN had to fulfil the Purchase.
14. DATA MISUSE
14.1. The Client assumes full responsibility for sharing confidential information with third-parties.
14.2. VERDE ESMERALDA JAPÓN does not assume any responsibility in case the Client is misled by third parties, pretending to be representatives of VERDE ESMERALDA JAPÓN.
14.3. The Client shall immediately inform VERDE ESMERALDA JAPÓN in the cases designated the previous clause, using the contact forms available on the Website or by e-mail.
14.4. VERDE ESMERALDA JAPÓN shall not distribute unsolicited commercial messages within the meaning of the Electronic Commerce Act or the GDPR.
14.5. Messages made by VERDE ESMERALDA JAPÓN to the Clients by means of distance communication (e-mail, etc..), shall contain complete and consistent information for the sender and hyperlinks to it at the time of sending the messages.
14.6. The following acts shall be deemed a breach of these Terms and Conditions and, upon the occurrence of either of them, VERDE ESMERALDA JAPÓN shall have the right to take appropriate legal measures against their perpetrators:
14.6.1. access to any type of data and information relating to another Client using a Client’s Profile or another method of breach into the system of the Online store.
14.6.2. change or other modification of the content of the Website or the Content submitted in any way by VERDE ESMERALDA JAPÓN to its Clients.
14.6.3. influencing the server / servers on the Website.
14.6.4. access or sharing with third parties who are not duly authorized to access the Content submitted in any way from VERDE ESMERALDA JAPÓN to its Clients when the party who has received the Content is not its legitimate recipient.
15.1. VERDE ESMERALDA JAPÓN is not responsible for damages, lost profits or other expenses, resulting from a Client’s breach of a Distance contract or Client’s breach of these Terms and Conditions.
15.2. VERDE ESMERALDA JAPÓN is not responsible for any errors that may appear on the Website for any reason, including those caused by changes, adjustments, etc., which are not carried out by the administrator of the Website and are beyond the will and control of VERDE ESMERALDA JAPÓN.
15.3. VERDE ESMERALDA JAPÓN is not responsible for the actions of any person using the Content in a way other than that provided for through the Website.
15.4. VERDE ESMERALDA JAPÓN is not responsible for any damages (direct, indirect, incidental or not) occurred as a result of the use or inability to use the information relating to the type of Content accessible on the Website or for any errors, inaccuracies or non-conformities in the Content, which can lead to damage.
15.5. If Clients find that the Content sent to them in any manner by VERDE ESMERALDA JAPÓN, infringes upon their copyright or that of a third party, or upon any other intellectual property right, they shall immediately notify VERDE ESMERALDA JAPÓN.
15.6. VERDE ESMERALDA JAPÓN does not warrant that the Clients will have access to the Website, the Content, their Profiles or the Online store and shall not grant the Clients with a right to download, to modify (in whole or in part) or to reproduce the Content (in whole or in part), to copy or to use the Content in any other way, or to transfer any rights to third parties, relating to Content to which they have or have acquired access under the terms of these Terms and Conditions.
15.7. VERDE ESMERALDA JAPÓN shall not be responsible for the Content, for the quality or nature of other websites accessed through Internet hyperlinks from the Content of the Website, no matter the type of hyperlinks. The Content of these websites is borne fully by their owners.
15.8. By using the Website, the Content or the Services, the Client is personally responsible for all the consequences that may occur from his/her behavior and the interaction with the Website, except when in accordance with these Terms and Conditions or the applicable Law for consumer protection such liability is carried by VERDE ESMERALDA JAPÓN. Furthermore, the Clients are responsible for any damage and moral prejudice caused by their acts or omissions to any element of the Website, the Content or the use of the Services, including the Purchase, when such damage or moral prejudice is caused on objects of intellectual property of VERDE ESMERALDA JAPÓN.
16. DISPUTE RESOLUTION AND APPLICABLE LAW
16.1. In case of a dispute between the Client and VERDE ESMERALDA JAPÓN, arising out of or related to these Terms and Conditions, their implementation, validity or termination, the parties will make all reasonable effort to resolve it amicably, through negotiations and mutual concessions. Failing to reach an agreement within one (1) month of the occurrence of the dispute, the dispute may be referred for settlement to the competent Japan court in Tokyo.
16.2. If any provision of these Terms and Conditions is declared by the authority competent to decide disputes, void, invalid or unenforceable, the other provisions of these Terms and Conditions and the rights and obligations of Client and VERDE ESMERALDA JAPÓN, arising therefrom, shall remain in full force and effect. The provisions, either null and unenforceable ab initio, or later cancelled owing to their voidability, will be considered to have never formed a part of these Terms and Conditions and, will be replaced by mandatory rules of law or practice and custom.
16.3. These Terms and Conditions have been drawn up and will be interpreted in accordance with the Japan legislation.
17. FINAL PROVISIONS
17.1. VERDE ESMERALDA JAPÓN reserves the right to make changes to the Website, its structure, the Content and the Services without prior notice to the Clients.
17.2. VERDE ESMERALDA JAPÓN has the right at any time in its sole discretion to unilaterally amend these Terms and Conditions. Upon an amendment to the Terms and Conditions, VERDE ESMERALDA JAPÓN shall within 7 days inform the Clients by publishing on the Website a message relating to the amended Terms and Conditions within a reasonable time before or after their effect. VERDE ESMERALDA JAPÓN may, but shall not be obliged to inform the Clients about upcoming amendments to these Terms and Conditions in other ways, for example by sending e-mail messages. If Clients do not agree to amendments to these Terms and Conditions, they may, within one (1) month from the notification under the initial sentence of this item, send a message to the following address: store.verde-esmeralda.com, which expresses their disagreement with the amendment. Upon receipt of such notification, VERDE ESMERALDA JAPÓN shall terminate the registration of the disagreeing Client. If the Client does not send a message to VERDE ESMERALDA JAPÓN for disagreement with the changed Terms and Conditions it shall be deemed that the Client has agreed to the changed Terms and Conditions and undertakes to respect them.
These Terms and Conditions were adopted 02.05.2020 and amended on 30.05.2020 and come into force on the same date.