Legals
- Scope
These terms and conditions of the Josh Mikawa label owned by Garnet Services S.r.l. (hereinafter “Josh Mikawa”) shall apply to all agreements pertaining to goods and/or services the customer enters into, which Josh Mikawa displays in the public area of its online shop.
- Conclusion of the Agreement
2.1 The products displayed in Josh Mikawa online shop do not represent binding offers of Josh Mikawa, but serve only for the purpose of the submission of a binding offer by the customer.
2.2 The customer can submit the offer using the online order form integrated in the online shop. After having placed the selected items and/or services in the virtual shopping basket and after having passed the electronic ordering process, the customer submits a legally binding contractual offer regarding the items and/or services in the shopping basket by clicking on the button finishing the ordering process.
2.3 Josh Mikawa confirms receipt of the order immediately. Josh Mikawa can accept the offer of the customer within five days by
sending a written order confirmation (letter, fax or e-mail), the date of receipt by the customer is decisive, or
delivering the items ordered to the customer, the date of receipt of the items by the customer is decisive, or
asking the customer for payment.
In case Josh Mikawa does not accept the customer’s offer in due time, the offer shall be deemed rejected. The customer shall no longer be bound by the offer.
2.4 The period for acceptance of the offer commences on the day after the offer was made by the customer. It expires on the end of the fifth day following the the offer.
2.5 Upon submission of the offer using the online order form Josh Mikawa saves the data of the order and sends the order confirmation, including cancellation instructions, to the e-mail address provided by the customer. The customer can access the data of the order by entering the access information in case the customer registered for an account before placing the order.
2.6 Prior to the binding placement of the order via the online order form the customer can correct his entries permanently. In addition, prior to submitting the binding order, all data are displayed for confirmation and can be corrected. Our order process allows you to check and amend any errors before submitting your order.
2.7 The order processing and the contacting are generally effected via e-mail and automatic order processing. The customer has to ensure that the e-mail address submitted for order processing is valid so that e-mails sent by Josh Mikawa can be received under this address. In particular when using spam filters, the customer has to ensure to receive all e-mails by Josh Mikawa or by third parties acting on behalf of Josh Mikawa.
- Languages
English language is available for conclusion of the agreement.
- Right of Cancellation
4.1 The customer has the right to cancel the contract within fourteen calendar days without giving any reasons, provided the customer entered the contract as a consumer which means for purposes that are predominantly not related to the customers’ trade, business or profession.
4.2 The period of cancellation is fourteen days commending at the day on which the customer or a third party charged by the customer, other than the carrier, has acquired the material possession of the items. In case the agreement pertains to several items, which the customer ordered in one order and which are delivered separately, the period of cancellation shall commence on the day on which the customer or a third party charged by the customer, other than the carrier, has acquired material possession of the last good. In case the agreement pertains to delivery of items in several separate consignments or in parts, the period of cancellation commences on the day on which the customer or a third party charged by the customer, other than the carrier, has acquired material possession of the last separate consignment or part.
4.3 In order to exercise the right of cancellation, the customer has to inform Josh Mikawa in writing (for example by letter to be sent by mail, or e-mail) to:
Garnet Services S.r.l.
Via Coluccio Salutati 7
20144 Milano
Italy
email: customerservice@joshmikawa.com
of the wish to cancel the contract. For this purpose, the customer can use the Cancellation form but he has no obligation to do so.
4.4 To observe the period of cancellation it is sufficient to send the declaration of cancellation before expiry of the period of cancellation.
4.5 In case the customer cancels the contract, Josh Mikawa shall be obliged to refund to the customer all payments Josh Mikawa received from the customer, including delivery costs (not including any costs resulting from the fact that the customer chose a type of delivery other than the standard delivery) without delay and at the latest within fourteen days as of the day on which Josh Mikawa received the customer’s notice of cancellation of the agreement. In order to refund the payments, Josh Mikawa shall use the same means of payment the customer used upon the initial transaction, unless agreed otherwise with the customer. In no case fees will be charged to the customer due to the refund.
4.6 Josh Mikawa may refuse the refund of payments until it has received the items or until the customer provides evidence shipping whichever occurs earlier. The customer shall be obliged to return the items without delay and at the latest within fourteen days from the day the customer cancelled the contract to:
Garnet Services S.r.l.
Via Coluccio Salutati 7
20144 Milano
Italy
The period shall be deemed observed if the customer dispatches the items before expiry of the period of fourteen days.
4.7 The customer shall bear the direct costs of returning the items, unless he returns the items in the original packaging with the enclosed postpaid return label by DHL delivery. In this case, Josh Mikawa shall bear the costs. Details on the return with return label are set out here.
4.8 The customer shall only be obliged to pay the costs of any reduction of the value of the item if such reduction results from handling of the items in a manner, which is not necessary in order to inspect the condition, characteristics or functioning of the items.
- Return Guarantee
5.1 In addition, Josh Mikawa grants to its customers a 14 days-return-guarantee, provided they conclude the contract as a consumer. The statutory provisions of the right of cancellation for consumers and of the warranty rights shall remain unaffected by this guarantee.
5.2 In case the customer makes use of the return guarantee, Josh Mikawa shall be obliged to refund to the customer all payments Josh Mikawa received from the customer, including delivery costs (not including any costs resulting from the fact that the customer selected a type of delivery other than the low priced standard delivery) without delay and at the latest within fourteen days as of the day on which Josh Mikawa received the return consignment. In order to refund the payments, Josh Mikawa shall use the same means of payment the customer used upon the initial transaction, unless agreed otherwise with the customer. In no case fees will be charged to the customer due to the refund.
5.3 Used items or items with signs of usage are excluded from the return guarantee.
5.4 The period of return is 30 days commending at the day on which the customer or a third party charged by the customer, other than the carrier, has acquired the material possession of the items. In case the agreement pertains to several items, which the customer ordered in one order and which are delivered separately, the period of return shall commence on the day on which the customer or a third party charged by the customer, other than the carrier, has acquired material possession of the last good. In case the agreement pertains to delivery of items in several separate consignments or in parts, the period of return commences on the day on which the customer or a third party charged by the customer, other than the carrier, has acquired material possession of the last separate consignment or part.
5.5 In case the customer makes use of the return guarantee, he is obliged to return the items in their original condition and in their original packaging by UPS delivery using the enclosed return label to:
Garnet Services S.r.l.
Via Coluccio Salutati 7
20144 Milano
Italy
Details on the return with return label are set out here.
5.6 Josh Mikawa shall bear the costs for return of the items, provided the customer returns the items using the postpaid return label by UPS delivery.
5.7 The period of return shall be deemed observed if the customer dispatches the items before expiry of the 14-days-period of return.
- Prices and Terms of Payment
6.1 The prices include the statutory value added tax. Any additional delivery and shipping costs are listed separately in the respective product description.
6.2 The customer pays in advance by credit card or via Apple Pay.
6.3 Payment shall be due immediately after conclusion of the agreement. Josh Mikawa may withdraw from the contract in case payment is not received within two weeks following the conclusion of the agreement.
- Gift Vouchers and Campaign Vouchers
7.1 Gift and campaign vouchers as well as discount codes can be redeemed during the period of validity using the online order form before finishing the ordering process. The respective amount is set off against the purchase price. Subsequent offsetting after finishing of the ordering process is excluded.
7.2 For each order only one campaign voucher or discount code can be redeemed. Gift vouchers cannot be combined with campaign vouchers and discount codes.
7.3 Josh Mikawa reserves the right to limit the validity of campaign vouchers and discount codes to certain products.
- Delivery and Shipping Terms, Availability
8.1 Each product delivered remains Josh Mikawa’s property until Josh Mikawa has received payment in full.
8.2 The delivery is effected regularly by shipment and to the address indicated by the customer. Delivery is effected to countries within the European Union only. During the processing of the transaction, the delivery address indicated by the customer in the order processing is applicable. However, if the customer selected PayPal as payment method, the delivery address registered with PayPal at the time of payment via PayPal is applicable.
8.3 Josh Mikawa shall effect delivery within the delivery period set out during the ordering process and in the order confirmation. The delivery period is 35 to 40 days to all EU countries if standard delivery is selected.
8.4 In case the forwarding agent returns the items sent to Josh Mikawa because it was unable to deliver the items to the customer, the customer shall bear the costs for the unsuccessful delivery. This shall not apply in case the customer exercises its right of cancellation by refusing to accept the items, in case the customer is not responsible for the circumstances which led to the unsuccessful delivery or in case he was temporarily prevented from accepting the delivery, unless Josh Mikawa informed him of the delivery time in advance and in due time.
8.5 In case the items ordered are temporarily not available, Josh Mikawa shall inform the customer of the expected new delivery period. In case such new delivery period is unreasonable for the customer, the customer is entitled to withdraw from the agreement. In case of permanent unavailability Josh Mikawa shall be obliged to inform the customer accordingly without delay. In this case both parties are entitled to withdraw from the agreement. Josh Mikawa shall be obliged in this case to reimburse the payments made without delay.
- Customs
9.1 In case the customer orders products from Josh Mikawa to be delivered outside the EU, these products may be subject to import duties and import taxes, which may be levied immediately upon arrival of goods in the destination country. The customer shall be obliged to bear any additional charges for customs clearance; Josh Mikawa does not have any influence on such charges. Customs regulations can differ substantially from one country to another and therefore, the customer should contact his local customs authorities and ask for further information.
9.2 The customer is considered to be the importer when he orders products from Josh Mikawa and he is obliged to comply with all laws and regulations of the destination country. Cross-border deliveries are subject to opening and inspection by customs authorities.
- Liability for Defects
10.1 Statutory liability for defects shall apply.
10.2 In case Josh Mikawa provided subsequent performance in the form of a replacement delivery, the customer shall be obliged to return the items originally delivered within 30 days to Josh Mikawa at Josh Mikawa’s expense. The return of the defective items is subject to the statutory regulations. Josh Mikawa reserves the right to claim damages under the requirements regulated by law.
- Limitation of Liability
11.1 Josh Mikawa’s liability is limited as follows: Josh Mikawa shall only be liable for damages if the cause of damage is based on gross negligence or intentional breach of obligations by Josh Mikawa or by one of Josh Mikawa’s legal representatives or agents.
11.2 In addition, Josh Mikawa shall be liable for the negligent breach of fundamental obligations whose breach endangers the fulfilment of the purpose of the agreement or for the breach of obligations whose fulfilment enables the proper execution of the agreement in the first place, in particular the delivery of the purchased goods and transfer of the ownership, and on the fulfilment of which the customer regularly relies. In the latter case, however, Josh Mikawa shall only be liable for damages typical of such contracts and foreseeable upon conclusion of the contract. Josh Mikawa shall not assume liability for the slightly negligent breach of obligations other than the ones stated in the preceding sentences.
11.3 The aforementioned limitation of liability shall not apply in the case of injury to life, body or health, for a defect after assumption of a guarantee for the quality of the product, and for the fraudulent concealment of deficiencies. The liability under the Product Liability Act shall remain unaffected.
- Applicable Law
12.1 These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with Italian laws. Any dispute arosen by this agreement will be settled at the competent courts of Milano, Italy.
12.2 This choice of law shall apply only insofar as the protection thereby granted is not contradicted by mandatory legal provisions of the laws of the country in which the consumer’s usual place of residence is located.
- Changes to terms of service
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Cancellation instructions
Right of cancellation
You have the right to cancel the agreement within fourteen days without giving any reasons.
The period of cancellation is fourteen days commending at the day on which you or a third party charged by you, other than the carrier, have/has acquired the material possession of the goods. In case the agreement pertains to several items, which you ordered in one order and which are delivered separately, the period of cancellation shall commence on the day on which you or a third party charged by you, other than the carrier, have/has acquired material possession of the last good.
In case the agreement pertains to delivery of items in several separate consignments or in parts, the period of cancellation commences on the day on which you or a third party charged by you, other than the carrier, have/has acquired material possession of the last separate consignment or part.
In order to exercise your right of cancellation, you have to inform us
Garnet Services S.r.l.
Via Coluccio Salutati 7
20144 Milano
Italy
email: customerservice@joshmikawa.com
in writing (for example by letter to be sent by mail, fax or e-mail) of your wish to cancel the contract. For this purpose, you can use the cancellation form, but you have no obligation to use this form.
To observe the period of cancellation it is sufficient that you send the notice of exercise of the right of cancellation before expiry of the period of cancellation.
Consequences of Cancellation
In case you cancel the agreement, we shall be obliged to refund to you all payments we received from you, including delivery costs (not including any costs resulting from the fact that you selected a type of delivery other than the standard delivery) without delay and at the latest within fourteen days as of the day on which we received your notice of cancellation from the agreement. In order to refund the payments, we shall use the same means of payment you used upon the initial transaction, unless agreed otherwise with you. In no case fees will be charged to you due to the refund.
We may refuse to refund the payments until we have received the items or until you provided evidence that you sent the items, whichever occurs earlier. You shall be obliged to send the items back or to hand them over without delay and at the latest within fourteen days as of the day on which you informed us of the cancellation to Via Gobetti 5, 63813 Monte Urano (FM) ITALY. The period shall be deemed observed if you dispatch the items before expiry of the period of fourteen days.
You shall bear the direct costs of returning the items.
You shall only be obliged to pay the costs of any reduced value of the items if such reduced value results from handling of the items in a manner which is not necessary in order to inspect the condition, characteristics or functioning of the items.
Sample Cancellation Form
In case you would like to cancel the agreement, please fill in the form and send it back to:
Garnet Services S.r.l.
Via Coluccio Salutati 7
20144 Milano
Italy
email: customerservice@joshmikawa.com
I/we () herewith cancel the agreement on the purchase of the following items ()/ on the provision of the following services () concluded with me/us ()
ordered on ()/received on ()
name of consumer(s)
address of consumer(s)
signature of consumer(s) (only if on paper)
date
(*)
please delete as applicable
