| In accordance with these Terms and Conditions, Customers are able to purchase our products. To purchase products, customers need to register as member of “Hamafukutsuru Club”. | |
| 2 | Customers can place order by phone or fax. Customers should make sure that there is no error in the order. |
| 3 | For any items ordered, the purchase agreement will be effective when the Company makes a phone call or send a fax to “confirm the order”, and when it is confirmed with the Customers for the orders described in the previous paragraph. |
| Delivery is completed when the products ordered are delivered to the delivery address specified by the Customer. | |
| 2 | If Customers do not accept the ordered product, or if the delivery cannot be completed due to a Customer’s condition, the items will be stored up to 7 days, however, a separate storage fee may apply. |
| 3 | As described in the previous paragraph, when Customers do not accept the ordered product, it will be considered that the order has been canceled and the amount equivalent to the delivered items may be charged as a penalty. |
| 4 | If a delivery of product is delayed or cannot be delivered due to a natural disaster, the enactment, revision or abolition of laws, disposition based on the exercise of public authority, transportation accident, labor dispute or other unavoidable circumstances, the Company will promptly notify the Customer. However, the Company is not responsible for any damages caused by these conditions. |
| Customers can use one of the methods below to pay for the product, shipping fee or other fees. (1) Order for the first time after registering as a member of “Hamafukutsuru Club”
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| 2 | Customers are to pay the handling fee for cash-on-delivery service. (The handling fee can be free of charge, depending on the order amount). The bank transfer fee is paid by the Company (only when Customers use the specific bank transfer form mailed by the Company). | ||||||||
| 3 | The shipping fee is paid by Customers. (Shipping fee can be free of charge, depending on the order amount). | ||||||||
| 4 | All and any telecommunication fees (phone, fax, Internet, etc…) to use the Services are paid by Customers, except for the toll free calls to the Company. |
| ① | Request of return or product exchange for Customer’s personal preference or reasons. |
| ② | Product is damaged or deteriorated due to reasons attributable to Customers. |
| ③ | Product returned without the Company consent. |
| ① | Provide the point service for Members. |
| ② | Provide special news through “Kura News”, a newsletter issued by the Company. |
| ① | The person should agree and accept these Terms and Conditions, then apply for the membership by the method specified by the Company. |
| ② | Notify the name, age, address, phone number, fax number, email address and other necessary information for the membership to the Company by using registration form on our website or other methods. |
| Membership card will be issued to each Member by the Company after the completion of membership application. | |
| 2 | Members must not transfer or lend their membership card to a third party. In addition, the Members shall be liable for damages caused by insufficient management of the card, such as misuse, used by a third party, and the Company shall not be liable in any case. |
| 3 | Members shall immediately report the Company when his/ her membership card has been lost, stolen or used by a third party. In this case, Members should follow the Company’s directions when it is provided. |
| Members shall notify the Company without delay when there is any change to the information provided to the Company at the time of membership application submitted. | |
| 2 | The Company shall not be liable for any disadvantage cause by a Member failing to make changes as described in the previous paragraph. |
| 3 | Notifications from the Company are assumed to have arrived in a normal speed, even if the notifications from the Company do not arrive due to the Members’ failure to make changes in the membership information as described in the paragraph 1. |
| Members shall not use the Services provided by the Company for any fraud purposes or means. | |
| 2 | Members shall not transfer or use the Member’s rights to a third party, or use them by buying or selling, changing the name, setting pledges or providing them as collateral. |
| 3 | Members shall properly manage the membership card and the email address provided at the time of membership registration. |
| ① | When there is a false statement or notification to the Company. |
| ② | When the membership status is illegally used or made to be used. |
| ③ | When the information provided by the Company is modified without the Company consent. |
| ④ | When the Services provided by the Company used for an illegal purpose. |
| ⑤ | When the operation of the Services is obstructed by any means. |
| ⑥ | When there is a suspension of bill or check, a petition for bankruptcy, civil rehabilitation, or corporate reorganization proceedings. Or when there is special liquidation, provisional seizure, or auction. When a Member receives a reminder for delinquent in taxes and public dues or maintenance seizure. |
| ⑦ | When a Member violates any of the provisions of these Terms and Conditions, or if the Company determines that a Member is not eligible to stay as a Member. |
| Members can cancel the membership by following the procedures prescribed by the Company. However, the Company will not refund the payment already received, or accumulated points. | |
| 2 | The death of Member automatically withdraw / cancel the membership, and the membership card will no longer be effective. |
| 3 | Member cancellation under this section does not exempt Members from the debt they already have, Members are obligated to pay the debt properly. |
| The personal information provided by Members at the time of their order or membership registration is registered under the Company database as customer management information. |
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| 2 | The Company uses the registered customer management information only for the purpose of operating the Company business. |
| 3 | The Company will not provide customer management information to a third party in an identifiable state except in the following cases. 1. When the consent of the Member is obtained. 2. When disclosure is required by law. 3. When it is required for shipping products or providing services for Members (including business consignment such as shipping). 4. When it is required for payment collection. 5. When there is a business consignment within the scope of purposes described in the previous paragraph. |
| Members are prohibited from the following acts when using the Services. 1. Use the Services for commercial purposes 2. Disturb the operation of the Services to harm the interest of the Company and / or a third party 3. Any other acts that the Company sees as inappropriate acts |
| The Company will suspend or terminate a part or all of the Services without notifying Members in advance, when the Company determines that it is difficult to provide the Services due to system maintenance, inspection, natural disaster / accident or any other reasons. |
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| 2 | The Company shall not be liable for any disadvantage or damage Members or a third party suffer, in accordance with the descriptions in the previous paragraph. |
| The Company is able to claim appropriate damages against a Member when there is violation of these Terms and Conditions or damage caused to the Company due to a fraudulent activity. | |
| 2 | If a Member causes damage to a third party by using the Services, the Member shall solve it at his / her own risk, and the Company shall not make any compensation and shall not be liable at all. |
| 3 | If a Member suffers damage due to the use of the Services, the scope of compensation for damage shall be limited to the scope of normal and direct damages actually incurred by the Member, and the scope of compensation shall be limited to the cost of the product which actually spent by the Member. |
| When a dispute arises regarding matters that are not stipulated in these Terms and Conditions, both parties will discuss it in good faith and solve it as smoothly as possible. | |
| 2 | These Terms and Conditions shall be governed by the Laws of Japan. |
| 3 | The Kobe District Court shall be the exclusive court of jurisdiction in the first instance for any dispute arises out of or in connection with these Terms and Conditions. |