Terms & Conditions
Terms and Conditions
1. General
The following General Terms and Conditions are valid for all contracts, deliveries and other services. Possible contradictory business terms of the customer are explicitly excluded. Additional agreements or amendments to the contract are only effective if they are confirmed in writing.
Endor Japan KK is at all times entitled to change or supplement these General Terms and Conditions including all possible attachments with an adequate term of notice. Orders made previous to possible changes will then be processed according to the old General Terms and Conditions in effect at the time of such orders.
2. Offer
The portrayal of the products in the shop is not a legally binding offer but rather a non-binding online catalogue. Small deviations and technical changes to our pictures or descriptions are possible.
3. Prices
All prices contain the legal consumption tax. The prices are, if not agreed upon otherwise, ex warehouse.
4. Contract Conclusion
Your order is regarded as an offer to Endor Japan KK for the conclusion of a purchase contract. By placing your order, you are also confirming that you are at least 18 years old .
If you place an order with Fanatec / Endor Japan KK (www.fanatec.com), we will send you an e-mail confirming the receipt of your order and listing the details thereof. This order confirmation is not an acceptance of your offer, it merely informs you that we have received your order. A purchase contract is only created with the shipment of the dispatch confirmation or the delivery of the products.
5. Shipment, delivery and payment
The delivery will follow ex warehouse to the delivery address provided by the customer. The delivery and payment conditions will be described in greater detail in the product description. There is no minimum order amount. Endor Japan KK is also entitled to limit the quantity ordered to commercial amounts. We reserve the right to make a partial delivery insofar as this appears to be advantageous for speedy handling and insofar as this is reasonable for you. No additional shipping costs shall be incurred for you. Special forms of shipment, insofar as they are available. such as express shipments, will be billed with the customary additional fees. Payment must be made immediately after the order is confirmed. Unless otherwise agreed, the means of payment is limited to credit card or PayPal. The responsible party for collecting and processing payments is Endor AG, Germany, located at E.ON-Allee 3, 84036 Landshut.
6. Delivery times
Goods which are in stock (we are not liable for transportation problems) will be shipped within 3 to 5 working days after receipt of payment. If the goods are not available when the order is made, we will strive to deliver them as soon as possible. If the failure to comply with a delivery or service deadline can be traced back to an act of god, industrial conflict, unforeseen complication or other conditions for which we are not at fault, the deadline will be extended accordingly. Claims for damages due to default or inability or failure to fulfill obligations, even those which arose by the withdrawal from the contract, are excluded. That is, unless a legal representative of Endor Japan KK has acted deliberately or negligently.
7. Cancellation before shipment
For any reason, the customer may cancel his/her order at any time, provided that such cancellation is made prior to shipment of the goods (or, in the case of service, prior to its provision).
8. Transfer of risk
With shipment of the goods, Endor Japan KK’s risk is transferred to the customer. With returns, the sender carries the risk, in particular the transport risk, until the goods have been received by Endor Japan KK, as well as the transport costs. In the case of a guarantee claim, postage costs may be refunded, provided you selected the least expensive shipping method and made supporting documents (receipt) available.
9. Warranty
Endor Japan KK endeavors to ensure that the purchased goods are free of material and manufacturing flaws at the time of the transfer of the goods and that they have the guaranteed quality set down in the contract.
Upon receipt, the customer must inspect the goods immediately for any discrepancies in type, quality or quantity, or any other non-conformity to the terms of the contract (Contractual Non-Conformity). If the inspection reveals an obvious Contractual Non-Conformity, the customer must report to us in writing within 14 days of receiving the goods of the Contractual Non-Conformity.
The warranty is good for 12 months, effective once your order is invoiced.
If technical issues with your product arise, the purchase date must be proven by uploading a copy of an invoice (this is usually only necessary if you manually register a product in your Fanatec account). In addition, the buyer will need to open a support ticket for further help with the technical issue. Be sure to include a detailed description of the problem – photo or video material can speed up the support process. If instructed by an agent to return the affected product(s), please include all items that were in the original package, including power cables, connectors, etc. You are not required to send in other hardware if it was not specifically requested above. If possible, use the original packaging. You are responsible for packing your product(s) securely, so they do not get damaged during shipment. Fanatec will not bear the cost of possible damages resulting from negligent packaging. Unless otherwise instructed, the customer shall bear the full cost of shipping the item(s) to us. The warranty does not cover normal wear and tear. The warranty expires if the customer modifies the goods in any way. With defects which are the fault of the buyer because of improper handling, the buyer is committed to carry all resulting repair and transport costs. Endor Japan KK generally offers the right to repair free of charge during the warranty period. A partial or complete exchange of the article is an option if the product cannot be repaired. If flaws are not corrected within a reasonable period of time, Endor Japan KK will refund the price in exchange for the return of the article.
Parallel imports (those imported through a different route from that of regular imports into Japan through Endor Japan KK or Endor AG's official distributor(s) (if any)) or products purchased via resellers are not covered by the warranty and after-sales services.
10. Reservation of title
Endor Japan KK reserves the title to delivered goods and services until the complete payment of all claims which have resulted or will result on the part of the buyer from the business relationship, no matter the type and no matter on which legal ground.
11. Storage of data
Personal information will of course be treated confidentially. The person placing the order explicitly agrees with the required collection, processing and use of personal information, which shall solely be used within the scope of the contract.
You have the right at any time to request to disclose, correct, or suspend the use of your stored data. Please contact [email protected] or send us your request per post.
We do not give your personal data, including your home address or e-mail address, to third parties without your explicit consent, which can be revoked at any time.
The exception to this is our service partners, who need the data to handle the delivery of your order (e.g. the shipping company which has been assigned with the shipment and the credit institution to which the handling of payment has been assigned). In these cases, the scope of the transmitted data is limited to the necessary minimum.
12. Concession of rights, customer review
If a user decides to write a Fanatec / Endor Japan KK review, they grant Endor Japan KK an exclusive license which is unlimited pertaining to time and place for the further use of the customer review for any purpose online as well as offline. Endor Japan KK reserves the right to not show an assessment or to show it for a limited time on the website as well as to shorten or change it. Customer reviews exclusively reflect the opinion of the those who write and post the review. The content does not necessarily reflect the opinions of Endor Japan KK.
13. Governing law and jurisdiction
These General Terms and Conditions are governed by and interpreted in accordance with the laws of Japan. Unless otherwise specified, any and all disputes arising out of or in connection with these General Terms and Conditions shall be submitted to the exclusive jurisdiction of the Tokyo District Court as the court of first instance.
14. Severability clause
If any of these regulations should be ineffective or unenforceable, the effectiveness of the other regulations remains unaffected. In place of the ineffective or unenforceable clause, a legally admissible regulation will take its place which is effectively closest to it.
15. Disclaimer
The use of this website is at the user’s own peril and risk. Endor Japan KK does not guarantee that the offered service will always be available, nor do we assume any responsibility if it is not available. Endor Japan KK assumes no responsibility for the accuracy, completeness, or functionality of the published postings, offers and services. The guarantee is in accordance with the statutory provisions. Any liability for damage arising directly or indirectly from the use of this website is excluded. This website and the services associated with it are operated with the greatest possible care, reliability and availability. However, for technical reasons it is not possible for these services to be constantly accessible, for the desired connections to always be successfully established or for the stored data to be retained in all circumstances. Therefore, constant availability cannot be guaranteed. IP connectivity to other network operators occurs to the extent it is possible. Any liability for problems attributable to the networks of third parties is excluded. The use of other networks is subject to the conditions of use of the relevant operators. In the event of force majeure, strikes, and restrictions to the services of other network operators or in the event of repair and maintenance work, restrictions or disruptions may occur, whereas Endor Japan KK accepts no liability for such downtimes.
16. Language
These General Terms and Conditions are prepared and executed in both Japanese and English. If there is any discrepancy or inconsistency between them, the Japanese shall prevail.
Version from [28.10.2022] 2022