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Terms of service
Overview
These Terms of Service (hereinafter referred to as "these Terms") set forth the conditions that all users must adhere to when using the services (hereinafter referred to as "the Service") provided on the website operated by "TANAKA NY TYO Inc." (hereinafter referred to as "the Company"). These Terms apply to all users. Additionally, other provisions, guidelines, FAQs, etc., established by the Company in relation to the Service and published on the Service, shall also constitute a part of these Terms.
Article 1: Product Purchase and Payment
1.Users shall apply for product purchases in accordance with the Service's system.
2.Upon application in the preceding paragraph, a sales contract for the relevant product shall be concluded between the user and the Company at the moment the user clicks the "Pay Now" button in accordance with the Service's system, and subsequently, the Company sends an order confirmation email to the user.
3.Notwithstanding the preceding paragraph, if the Company determines that a user has violated these Terms, engaged in fraudulent or inappropriate conduct, the Company may take measures it deems appropriate, including but not limited to canceling or terminating the sales contract, or claiming damages.
4.Users can choose to pay for products using a credit card (Visa, MasterCard, JCB, American Express) in the user's own name, or via PayPal.
5.Users shall comply with the separate terms agreed upon with their credit card company. If a dispute arises between the user and the credit card company regarding the use of the credit card, the user shall resolve the dispute at their own expense and responsibility.
6.The Company does not issue receipts. Please use statements issued by your credit card company or other similar documents.
7.Minors cannot purchase products without the prior consent of a legal guardian.
Article 2: Cancellation, Changes, Returns, and Exchanges
1.As a general rule, users cannot cancel or change an order after it has been completed. However, cancellations are permitted only on the same day as the order, in accordance with the methods described in the separately stipulated "About Returns, Exchanges, and Cancellations."
2.Users who wish to return or exchange a product shall do so in accordance with the methods described in the separately stipulated "About Returns, Exchanges, and Cancellations." Please note that if the return is due to customer convenience, the user shall bear the return shipping costs.
3.The Company shall issue refunds in accordance with separately stipulated procedures.
4.If a user returns a product to the Company without a legitimate reason, the Company shall promptly notify the user that there is no legitimate reason for the return upon receipt of the product, and shall request instructions for receiving the product within a reasonable period. The Company shall deliver the product to the user in its current condition and shall not be responsible for the condition of the product (including, but not limited to, alteration, deformation, wear, or damage to the product).
Article 3: International Shipping
1.Users may specify a destination outside of Japan for product delivery.
2.Shipping fees shall be borne by the user, and free shipping campaigns or similar promotions conducted on the Service cannot be utilized.
3.Customs duties, taxes, customs clearance fees, etc., at the destination shall be borne by the user in accordance with the laws of the destination country.
4.Costs related to returns shall be as stipulated in Article 2, Paragraph 2.
Article 4: Title of Ownership
The title of ownership and risk of loss for products shall transfer to the user at the time the Company delivers the products to the shipping carrier.
Article 5: Obligation to Compensate Damages
If a user commits any of the following acts, they shall be liable to compensate the Company for any damages incurred thereby:
1.Obstructing the Company's business by accessing and tampering with information on the Service, or by transmitting harmful computer programs to the Service.
2.Infringing on the rights of the Company or a third party, such as infringing on the intellectual property rights of products handled by the Company.
3.Any other violation of these Terms.
Article 6: Handling of Personal Information
The Company shall handle users' personal information obtained in connection with the Service in accordance with the Company's separately stipulated "Privacy Policy" and other relevant policies.
Article 7: Suspension of Service Use, etc.
1.If the Company determines that a user falls under any of the following, the Company may, without prior notice to the user, suspend the user's use of the Service or take other measures deemed appropriate by the Company:
①When false information is declared to the Company at the time of product purchase, etc.
②When payment obligations for product purchases are neglected.
③When these Terms are violated.
④When there are other reasons deemed inappropriate by the Company.
2.The Company shall not be liable for any damages incurred by the user due to the suspension of Service use or other such measures.
Article 8: Prohibited Acts
When using the Service, users shall not engage in any of the following acts:
①Acts that violate laws or these Terms, or other provisions, guidelines, FAQs, etc., established by the Company in relation to the Service and published on the Service or the Company's website.
②Acts contrary to public order and morals.
③Acts that harm the rights, interests, credibility, reputation, etc., of the Company, other users, and other third parties.
④Acts that cause annoyance or discomfort to the Company, other users, and other third parties.
⑤Using the Service for commercial purposes (except with the prior approval of the Company).
⑥Providing false or misleading information to the Company.
⑦Transmitting or writing harmful computer programs, emails, etc.
⑧Unauthorized access to the Company's servers or other computers.
⑨Collecting, accumulating, or storing personal information of other users.
⑩Excessively canceling or returning products.
⑪Acts that may fall under any of the preceding items.
⑫Any other acts deemed inappropriate by the Company.
Article 9: Interruption/Suspension of Service, etc.
1.The Company may interrupt or suspend all or part of the Service without prior notice to users in any of the following cases:
①In the event of natural disasters such as fire or earthquake, or social unrest such as war or terrorism.
②When necessary for routine and emergency maintenance of the system.
③When the system is overloaded.
④When system operation becomes difficult due to interference by a third party, computer virus infection, etc.
⑤When the Company otherwise determines that an unavoidable interruption or suspension of the system is necessary.
Article 10: Change/Abolition of Service
The Company may, at its discretion, change or abolish all or part of the Service without prior notice to users.
Article 11: Intellectual Property Rights
1.All copyrights and other intellectual property rights related to the Service shall exclusively belong to the Company.
2.If it is discovered that a user has reproduced, reprinted, or otherwise secondarily used the Service without authorization from the Company, or has performed acts prohibited by law, the Company shall immediately take legal action.
Article 12: Disclaimer
1.The Company shall fulfill its obligation to deliver products by shipping them to the delivery address specified at the time of purchase and shall be exempt from said obligation.
2.The Company shall not be liable for any damages arising from system interruptions, delays, suspensions, data loss due to communication line or computer failures, unauthorized access to data, or any other damages incurred by users related to the Company's services.
3.The Company does not guarantee the completeness, accuracy, reliability, usefulness, etc., of the content of the Service provided to users, nor does it guarantee that emails or content sent from the Company's webpages, servers, or domains are free of harmful elements such as computer viruses.
4.The Company shall not be liable for any damages incurred by users due to their violation of these Terms.
5.The Company shall not be liable for any damages incurred by users in connection with Article 9 and Article 10.
6.If a dispute arises between a user and another user or a third party through the use of the Service, the user shall resolve the dispute at their own expense and responsibility and shall compensate the Company for any damages incurred by the Company due to such dispute.
Article 13: Revision of These Terms
The Company may revise these Terms at its discretion, and such revisions shall become effective when the revised Terms are posted on the Company's designated website. In this case, users shall comply with the revised Terms.
Article 14: Governing Court
If a dispute arises regarding these Terms, the Tokyo Summary Court and the Tokyo District Court shall be the exclusive court of agreed jurisdiction for the first instance.
Article 15: Governing Law
The governing law for these Terms shall be Japanese law.
Article 16: Limitation of Liability
To the maximum extent permitted by law, the Company disclaims all liability for direct or indirect damages. You agree that the Company will not be held responsible even if problems arise concerning the Service or products.
Article 17: Contact Information
For inquiries regarding these Terms, please contact us at:
TANAKA NY TYO LTD.
Email: store@tanakanytyo.com
Address: Palace Aoyama 205, 6-1-6 Minami-Aoyama, Minato-ku, Tokyo, 107-0062 Japan
Phone Number: +81 70 4028 7041
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