Terms and conditions Koibito Japan (KBJP) Co.,Ltd 2024

  1. Applicability
    1. These terms and conditions apply to all offers by JKS and all agreements between KBJP and the party that is contracting with KBJP (hereinafter: “you” or the “Customer”).
  2. Offers/agreements
    1. An agreement is only concluded after we accept your order. We are entitled to refuse orders or to attach certain conditions to the delivery, unless explicitly stated otherwise. If an order is not accepted, we will inform you within ten (10) days after receiving the order.
    2. In general, all orders must be made at least 10 days before the shipment date. Orders can’t be changed 10 days before the shipment date.
  3. General information about our products and services
    1. Stocks will be added and updated on a regular base. Orders will be supplied to you on the first available shipment date. Up from January Standard Tosai and Nisai will be offered by "mixed" Boxes, the better quality will be selected by us and offered to you separately, and indicated with what you see is what you get (WYSIWYG).
    2. Up from the end of June we will stop shipping for several reasons. Left over Koi at breeders from the regular stocks are way down in quality and we choose not to supply these. Further on breeders are busy with the breeding season, and high temperatures makes shipping risky and more expensive. Up from October the first selections will be up for sale again.
    3. Sizes are stated in centimetres and measured from the mouth till the end of the tail. However sizes may vary during the season. A size difference is no reason for a refund or credit or any other compensation.
    4. All indicated mixes are stated to the best of our knowledge, and may vary during the season in size or quality. If the mix received is different from the indicated mix then this is no reason for a refund or credit or any other compensation.
    5. All efforts are taken by us and by the breeders to supply you with healthy fish. However as we deal with life stock the health cannot be guaranteed.
    6. On all handpicked fish by yourself in Japan there won’t be any refunds, credits or compensation in any other way if up on arrival of the shipment they are damaged, bended, stuck with a boil, fins and/or eyes are missing etc. We can’t be held responsible for this.
    7. We recommends to keep new purchased stock separated from old stocks and not to mix different breeders stocks in one tank and/or system. If you decide to do otherwise and diseases or other problems occur, than it is your own responsibility. We cannot be held responsible for this.
    8. DOA (Dead on arrival) claims must be reported strictly within 12 hours up on arrival by email to us, provided with a clear digital picture. Possible credit for the DOA will only be made for the fish value without our sales commission and not for the freight or other costs. Claims less than 10% of the total box value will not be accepted. Claims reaching us later than 12 hours after shipment arrival are not to be considered and accepted. Dead fish should be kept until the claim is accepted by us, failure to this will void the claim in full.
    9. In general claims will be discussed and negotiated with the breeder. It is the breeders decision if he will replace the claimed fish, shipping and additional costs for this will be for your account. Koi bought from auctions or directly from us and sold to you without sales commission are not liable for claims or guarantee on DOA, to us or the breeder.
    10. It is your responsibility to monitor and apply the correct quarantine and treatment procedures, and apply good husbandry to the koi before selling them on. We can provide you with advice for this procedure, however we can never be held responsible for any advice given.
    11. The risk with regard to the products is transferred to you at the time of delivery.
  4. Prices
    1. Prices are per piece in Japanese Yen including your commission but excluding other charges like freight and packing cost and VAT.
    2. Unless expressly stipulated otherwise the prices as quoted by us will be:
      • in Yen currency,
      • exclusive of VAT,
      • exclusive of shipping costs,
      • exclusive of any packing cost.
    3. Prices in the stocklist are stated in Japanese Yen before % commission and other costs.
    4. Prices in the KBJP What’s app group are stated in Japanese Yen before % commission and all other costs.
    5. Prices quoted in other currency for example in the koibito-Japangarden webiste are accurate at the time of publication but may vary due to currency fluctuations.
    6. We reserve the right to send an additional invoice if the costs of the products or transport increases as a result of currency fluctuations of the Yen in relation to the euro.
    7. We reserves the right to invoice all extra costs involved in case of a postponed shipment.
    8. A box charge of JPY 1750 Yen per box will be charged, this is for Alfish and several other expenses.
    9. The freight charges are available up on request.
    10. Fuel surcharge will be add on top of the freight rate per KG. This will vary per airline.
    11. The charge for clearance at the airports of destination are for your own expenses.
    12. Freight and other charges / prices may change during the season. If so we will inform you.
    13. For whichever destination we are happy to give you a full quotation of the costs. For direct buyers the shortest possible flight will be appointed by us, regardless the freight rate. If you wish to ship your fish on a non-direct flight all risk for DOA will be for your own.
    14. For destinations other than Amsterdam or Frankfurt all costs like trucking, custom clearance, taxes and other costs are to be paid by the consignee.
    15. Depending on the season and other circumstances the fish numbers per box may be changed by us without notice.
  5. Payment
    1. All payments must be made in full 7 days before the shipment date to the bank account of KBJP in Japan. We reserve the right to postpone the shipment until the invoice is paid in full.
    2. If the terms of payment are exceeded, you will be legally in default; from the moment you are in default you shall owe 5% interest per month over the amount due, unless statutory interest is higher, in which case statutory interest shall be applicable.
  6. Transport
    1. We take care of your logistics, shipment, to anywhere around the globe where it is possible. In the season we can offer scheduled shipments to most destinations, however airfreight is tight, meaning we have to be flexible, and try to go for the best date to ship out if the planned date is not available.
    2. We make use of “Alfish”. This is a special sachet that is “glued” inside the plastic bag to ensure good and healthy traveling for the koi. Further on if needed temperature controlled trucks are used. When the temperatures outside rises we might add Icy Gel Packs to ensure the temperature in the beginning of the trip stays down.
    3. Although we have the best possible connections to freight agents and airliners there is always the chance on force majeure. If so we will inform you straight away.
    4. The delivery times specified by us are only indicative. If the indicative delivery period is not met, we will inform you about the new expected delivery date.
    5. Exceeding any (indicative) delivery date does not entitle you to cancel the order or claim compensation.
  7. Retention
    1. All products delivered by us to you shall remain our property until all amounts owed by you have been paid in full.
  8. Force Majeure
    1. We are not obliged to fulfil any obligation, including any statutory and/or agreed warranty obligation, if it is prevented from doing so by force majeure. Force majeure on the part of KBJP means, among other things: (i) the failure to properly fulfil obligations on the part of suppliers of KBJP by the Customer, (ii) government measures, (iii) power failures, (iv) Internet, data network or telecommunication facilities failures, (v) war, (vi) strikes, (vii) fire, (viii) bankruptcy or other problems that prevent the supplier from delivering to KBJP and (ix) general transport problems.
    2. We have the right to rescind the agreement in writing if a situation of force majeure persists for more than 30 days. In such an event, that which has already been performed under the agreement shall be paid for on a proportional basis without the parties owing each other anything else.
  9. Liability
    1. Our total liability to you due to an attributable failure to perform an agreement or on any other legal basis whatsoever, expressly including each and every failure to fulfil a warranty obligation agreed with you, shall be limited to compensation for direct loss up to a maximum of the price stipulated for the agreement concerned (excluding VAT). Our total liability for direct loss, on any legal basis whatsoever, shall never amount to more than EUR 5.000.
    2. Our liability for indirect loss, including lost profits, lost savings, reduced goodwill, loss due to business interruption, is excluded.
    3. The aforementioned exclusions and limitations of the liability of KBJP do not apply in case the loss has been caused by intent or gross negligence on the part of the company manageme nt of KBJP.
    4. Unless performance has been rendered permanently impossible by KBJP, the liability of KBJP will only arise due to an attributable failure to perform an Agreement if Customer gives KBJP written notice of default without delay, and if a reasonable term is set in which the failure in the performance can be remedied, and KBJP continues to fail to comply with its obligations. The notice of default must include a full and detailed description of the alleged failure, so that KBJP is actually provided with the opportunity to respond adequately to the notice of default.
  10. Applicable law and disputes
    1. Disputes between KBJP and customers will be governed by Japanese Law and handled in the court in Okayama area Japan.

Additional Terms and Sales conditions Koibito Japan / Co., Ltd (Koibito) 2024

  1. (Web) Auctions and Azukari.

    For customers wishing to bid themselves on (web) auctions we can provide you with a login and password.

    There are many auctions available to bid yourselves. These auctions come along with different commission and shipping conditions. Additional or in replacement to our general terms and conditions, where applicable, the following rules terms and conditions apply:

    1. (Web) auctions bid by yourselves; Koibito cannot be held responsible for any mistakes made with bidding. By joining the online auctions you are responsible, and you have to understand the terms and conditions of the specific web auction before you join the bidding. If you made a winning bid, you have committed yourself to the purchase. The invoice will follow from JKS.
    2. Shipment costs; Koibito can provide you access to all the main auctions in Japan. The breeders organising these auctions are located all over Japan. Koibito will take care of professional shipping your purchased koi, however, with remote located breeders extra shipping costs are involved. Koibito will divide the shipping costs by all customers who purchased koi on that specific auction and ship them out on the regular scheduled shipments. The costs may vary up from 5000 Yen ~to as much as 100.000 Yen or more per box, all depending on where they have to be shipped from and where to.
    3. Female guarantee (written guarantee) provided on (web) Auctions; Koibito cannot be held responsible for any female guarantee on Koi, as may be indicated as such, on the several (web) auctions. If a purchased (female) koi will turn out to be male later on, then this is a case between you and the breeder. Koibito can help you one time, by contacting the specific breeder to present your case. If the answer of the breeder is not to your satisfaction then Koibito can't help you out.
    4. Azukari Koi; If you wish a purchased koi to stay Azukari at a breeder for development reasons, then Koibito cannot be held responsible for the results. If koi are not well developed or died after the Azukari Period, then this is a case between you and the breeder. Koibito can help you one time, by contacting the specific breeder to present your case. If the answer of the breeder is not to your satisfaction then Koibito can’t help you out. Rare exceptions can be made case by case in consultation between Koibito and the customer.
    5. Updates after the Azukari period cannot always been given, there is simply no time enough to update all Azukari koi with pictures and movies by ourselves, some breeders do this themselves and some don’t.