- NH 3204 Ltd. (the “Company”) may add, delete or change the contents of these Terms without giving Users advance notice.
- Each User shall confirm the contents of these Terms before using the Services set forth in Article 2, and the Company shall deem that any Users who use the Services have agreed to these Terms.
Article 2. Services Provided
- The “Services”provided by the Company mean
- The service of selling items;
- The service of providing information;
- Various services incidental to Items (1) and (2); and
- Various services that will be provided by the Company in the future.
- The Company may add, delete or change the contents of the Services set forth in each item of the preceding paragraph.
Article 3. Definition of Users
“Users” means users of the Services under these Terms.
Article 4. Execution of Sales Agreement
- A Sales Agreement shall be executed between a User and the Company at either of the following times
- If the User makes an order via the Company’s online store: when the Company receives the order information from the User; or
- If the User makes an order by any means other than the Company’s online store: when the Company accepts such order.
- Any offer made by a minor to purchase an item shall be deemed to have been made at his/her guardian’s responsibility.
- After the Sales Agreement is executed, the Company may request the User to make payment (the “Payment”) based on such Sales Agreement executed between the User and the Company by way of the settlement method set forth in Article 6, Paragraph 1 designated by the User at the time of the order.
Article 5. Termination of Agreement
- After the execution of the Sales Agreement, the Company may terminate such agreement if
- The ordered item is out of stock and it is not yet confirmed when the item will be available again;
- The ordered item becomes defective, i.e. damaged or malfunctioned, etc., before it is delivered and such item is out of stock and it is not yet confirmed when the item will be available again;
- It becomes impossible to supply the ordered item because the item is no longer produced by the manufacturer or the supplier or for other reasons;
- It is impossible to deliver the ordered item because the delivery destination is unknown or the recipient is away for an extended period of time;
- The User fails to make the Payment within the designated period;
- The Company receives a notice from the credit card company designated by the User that the User is in credit card default; or
- It is impossible to deliver the ordered item due to other circumstances.
- Notwithstanding any provisions of the preceding paragraph, the Company may cancel or terminate the Sales Agreement or take other appropriate measures if any wrongful or inappropriate act is performed in relation to the use of the Services.
Article 6. Price
- The price of each item is indicated in the item details page and the delivery fees are indicated in the “Delivery and Delivery Fees” page, respectively.
- The indicated prices of the items and delivery fees are tax inclusive.
- The delivery fees indicated in the “Delivery and Delivery Fees” page are the fees based on the delivery method set forth in Article 8, Paragraph 1.
- The Company may change the items’ prices and delivery fees without giving Users advance notice. If an item’s price and/or delivery fees are changed after the execution of the Sales Agreement, Users shall make the Payment that was determined at the time the Sales Agreement was executed, and the Company shall neither charge Users for the difference nor return the difference to Users.
Article 7. Settlement
- When purchasing items, Users may choose a settlement method from either
- Online (credit card) settlement; or
- Cash on delivery. * Only available for delivery within Japan.
- The Company may add to or delete any settlement methods set forth in each item of the preceding paragraph.
- If the Company receives a notice from the credit card company designated by a User that the User is in credit card default, the Company may request the User to make the Payment by a different payment method.
Article 8. Delivery of Items
- All ordered items shall be basically delivered by a regular delivery company designated by the Company and delivered to the recipient’s address in a packaged condition.
The delivery company shall be chosen at the Company’s discretion taking into consideration the item’s size, weight and nature, etc.
- If the delivery company is unable to deliver the item to the recipient’s address due to a problem in the item’s size, weight, nature or delivery route, etc., or if the item is delivered by a method other than a delivery service (such as a charter service) at the User’s request and the delivery fees and other costs incurred turn out to be higher than the delivery fees agreed upon at the time of execution of the Sales Agreement, the Company may charge the User the difference in such delivery fees.
- Each User may change the item’s delivery address that he/she designated at the time of order by notifying the Company to that effect, as long as the Company has not already started making arrangements to send the item.
The Company shall have no obligation to meet a User’s request if it receives a notice from the User to change the item’s delivery address after the Company has already started making arrangements to send the item, and the User shall change the item’s delivery address at its own responsibility and expense.
- If a User wishes to have items delivered to several destinations, the User shall place a single order for each destination.
In addition, the User may not place a single order for several items to one (1) destination and then request that the Company deliver those items to more than one (1) destination after making such order.
- A User may designate that an item be delivered to an address other than the User’s home address.
If the User is not receiving the item by him/herself, the User must provide advance notification to the destination or the recipient that the item will be delivered from the Company, and make sure that the item will not be returned to the Company due to the item being rejected, etc.
If an item is returned to the Company because it was refused or the recipient was away for an extended period of time, or for any other reason due to the User’s carelessness, the Company shall not return the Payment for the item, delivery fees or any other actual costs and shall handle the item at the Company’s discretion. If the item is to be redelivered at a later date, the User shall pay the Company the delivery fees incurred when the items were returned to the Company and redelivered and any other actual costs incurred, such as taxes and commissions.
- Unless there is a notice stating that gift wrapping, noshi (traditional Japanese wrapping paper) and/or a message card option, etc. are available for the items due to the Company’s promotional offer, etc., Users may not request the Company to provide such services.
- Except as set forth in the immediately following paragraph, delivery of an item to a User shall take the following amount of time:
- For domestic delivery, approximately two (2) to nine (9) days in general after the order is placed; or
- For international delivery using an international delivery service, approximately two (2) weeks after the order is placed.
- The period for delivering an item as set forth in the immediately preceding paragraph may be extended when:
- The item cannot be sent due to a combination of Saturdays, Sundays, national holidays and/or the Company’s holidays;
- The item cannot be sent as scheduled due to the manufacturer or the supplier having a large shipping volume or heavy workload; or
- There is a delay in delivery after the item is sent due to a reason on the part of the delivery agent.
- If a User is not at the delivery destination on the delivery date and the delivery company takes the item back to the distribution center leaving a “delivery notice,” the User shall contact such delivery company by him/herself and arrange for the item to be redelivered.
- The Company shall not be responsible for any direct or indirect damages incurred by a User due to the delay in delivering the item to the User for a reason stated in the proviso of paragraph 10 or 11 of this Article or for any other reason.
- Items can only be delivered within Japan and to the countries and regions where they can be delivered by the Company.
Article 9. Transfer of Ownership
- The ownership of an item shall transfer from the Company to a User at the time the User or a recipient designated by the User receives the ordered item.
- If a User chooses to pay by credit card, the ownership of the ordered item may be retained by the credit card company in accordance with the conditions under the membership agreement set forth by the credit card company.
Article 10. Returns and Exchanges
- After a Sales Agreement is executed, Users may not change any ordered item to a different item, change the item’s order information, cancel the item or return or exchange the item due to his/her own reason.
- Each User shall confirm whether or not the item is damaged, etc. without delay after its arrival.
- If an item is damaged, has a defect or is incorrect, etc. the User shall notify the details to the Company within seven (7) days from the arrival of the item.
In this case, the User shall keep the item in the packaged condition in which it was delivered. If the User notifies the Company within the prescribed period and the Company confirms that the item is damaged, has a defect or is incorrect, etc., the Company shall repair the item or exchange the item with a new item at its own cost; provided, however, that if the item cannot be exchanged because it is already sold out, no longer produced or is a limited item, etc., or the item cannot be repaired, the Company shall return the Payment for the item to the User.
Article 11. Handling of Personal Information
Article 12. Copyrights, etc.
Any documents, videos, sound and other works provided by the Company in relation to the Services are protected by the Copyright Act and other laws and international treaties. Users are prohibited from using such documents, videos, sound and other works by reprinting, transferring, transmitting or displaying, etc. all or part of the same directly or after alteration, in any media and by any means, without the Company’s permission. In addition, the Company shall not allow Users to deform, change, add or modify any details of the contents.
Users may not use or disclose any information, such as works provided by the Company, beyond the scope of each User’s private use as set forth under the Copyright Act, without the approval of the rights holder. If any problem arises in relation to intellectual property rights, such as copyrights, due to a User’s breach of any provision of this Article 12, the User shall resolve such problem at his/her own responsibility and expense, and shall not cause any trouble or damage, etc. to the Company.
Article 13. Prohibited Matters
Users must not engage in any:
- Criminal act, any act that is contrary to public order or morality or any other act in violation of the laws and regulations, or any act that is likely to constitute any of the aforementioned acts;
- Act that interferes with or is likely to interfere with the Company’s operation or business;
- Act that damages the reputation of or causes trouble, disadvantage or damage to the Company or a third party, or any act that is likely to constitute any of the aforementioned acts;
- Act of using the Services by wrongfully using a third party’s personal information or false information;
- Act that breaches or is likely to breach these Terms or the “Membership Agreement” separately set forth by the Company; or
- Any other acts that the Company deems to be inappropriate.
Article 14. Other Disclaimers
- The Company may freely change, delete or add any configuration, contents and pages, etc. of its website and shall not be obligated to restore such website to its original state at the User’s request. In addition, the same shall apply to the overall EC system, such as programs and databases.
- Users shall bear the costs for preparing and installing computer and communication equipment, etc. that are necessary for using the Services, telephone and facsimile charges, communication fees (such as internet connection fees and line utilization fees), personnel costs and any other costs required for using the Services.
- If any of the Users’ data is lost or becomes unreadable due to a malfunction or problem in the Company’s computer or communication equipment, etc., failure in a communication line or for other reasons, the Company may immediately and unconditionally cancel or terminate any relevant Sales Agreements without being required to make a notice or demand.
- If a User causes any damage, etc. to other Users or a third party in relation to his/her use of the Services, such User shall resolve the problem at his/her own responsibility and expense and shall not cause any trouble or damage, etc. to the Company.
- The Company shall not be responsible for any damage arising as a result of a User being unable to use the Services.
- In no event shall the Company be responsible for any damage, loss or disadvantage arising in relation to the use of the Services whatever the cause of the legal claim may be.
- The Company shall be permitted to perform processing for administrative work in accordance with the contents that the User registered with or informed the Company of.
Article 15. Others
- The execution, validity, performance and interpretation of these Terms shall be governed by the laws of Japan.
- Any problem arising in relation to the use of the Services that cannot be resolved in accordance with these Terms shall be resolved by the relevant User and the Company upon good faith mutual consultation.
- If it becomes necessary to file a lawsuit in relation to the use of the Services, the Tokyo Summary Court or the Tokyo District Court shall be the exclusive court of first instance regardless of the amount in controversy.
Supplementary Rules: Become effective on July 1, 2021