Article 1 General Provisions
Yamato Co, Ltd., (hereinafter the “Company”) provides for these Terms as the terms of service applied for the service provided by the Company (hereinafter the “Service”) on the Yamato Online Store, an Internet site, (hereinafter the “Site”) to Members and other customers and users (hereinafter “Users”).The Site is solely provided for use by general customers. Neither a company nor customer may use it for any business purpose or for resale or sublease.
Article 2 Scope of Application and Revision
1. These Terms apply to all Users of the Site. By using the Site, the User will be deemed to have understood and consented to these Terms.
2. Any other provisions that the Company may separately provide and any additional provisions that may be published on the Site or of which the Company may report from time to time will constitute part of these Terms. If there is any inconsistency between such separate or additional provisions and these Terms, the separate or additional provisions shall take precedence over these Terms.
3. The Company may revise these Terms on an as-needed basis. In this case, the Company shall announce the revised terms by a method the Company deems appropriate. The User who uses the Site after the revision shall be deemed to have understood and consented to the revision.
Article 3 Use of Service
1. Neither a company nor customer may use the Site for any business purpose or for resale or sublease.
2. The User will use the Site in accordance with these Terms.
3. The User will be solely responsible for any information that the User sends through the Site and will not cause any nuisance or damage to the Company.
4. If the User causes any nuisance or damage to the Site or another User, or any dispute arises in connection with the use of the Site, the User will settle such issue, damage, or dispute at his/her own expense and responsibility and will in no way cause any nuisance or damage to the Company.
Chapter 4 Copyrights
1. All content contained on the Site or any notice sent by the Company (including but not limited to letters, characters, graphics, logotypes, icons, pictures, materials downloaded in digital format, edited data, and software) is the property of the Company or the respective content providers protected under the Copyright Act and international law related to copyrights. Unauthorized reproduction of any of such content is strictly prohibited.
2. If a violation of the preceding paragraph by the User gives rise to any issue relating to image rights, copyrights, or other intellectual property rights, the User will settle the issue at his/her own expense and responsibility and will not cause any nuisance or damage to the Company.
3. The Company will not be responsible for monitoring any ideas, concepts, proposals, comments, or other information (excluding Personal Information; hereinafter “Information”) that Users send to the Company and the Site by email or any other means. The Company will deem that the User or customer has waived all rights of Information at the time he/she sends it to the Company. The Company will in no way undertake any duty of confidentiality with respect to the Information, and the Company may use it in the future for any purposes without paying consideration to the provider of information and will under no circumstances be responsible for any issues whatsoever arising from the Information.
Article 5 Prohibited Acts
1. An act that infringes or is likely to infringe property rights, privacy, or any other rights of the Company or third parties
2. An act that causes or is likely to cause any nuisance, disadvantage, or damage to the Company or third parties
3. An act of providing any information to the Company or third parties which is false, or is or is likely to be contrary to public order and morals
4. A criminal offense or an act that is or is likely to be contrary to public order and morals or be in violation of laws and regulations
5. Electoral or religious activities, similar activities, and any other activities relating to politics or religion
6. An act of using the Member ID and password without authorization
7. Any other acts the Company finds inappropriate
Article 6 Management of Personal Information
2. The Company will not use Personal Information for any purpose other than the operations for providing the Service and personal verification.
3. The Company and the Yamato Group (Note 1) may jointly use Personal Information only for the usage purpose set forth in the preceding paragraph. If there is an addition company that may jointly use the information, the Company will announce it by an appropriate method, such as e-mail, post, and publication on the Internet.
4. The Company may outsource part of the handling of Personal Information. In this case, the Company will conclude necessary contracts with the outsourcing contractor and provide adequate management and supervision.
5. The Company will implement necessary protective measures for Personal Information.
Note 1 Anniversary Co., Ltd.
Article 7 Discontinuation or Suspension of Service
The Company may suspend the provision of the Site in whole or in part without advance notice to Users in any of the following cases:
1. If the Company makes maintenance of the Site periodically or urgently, or it is inevitable due to work
2. If the Type I Telecommunications Carrier suspends telecommunication services
3. If it becomes difficult to provide services due to a natural disaster, power failure, war, other force majeure, or sabotage by third parties
4. If the Company otherwise finds it necessary to temporarily suspend the Site for operational or technical reasons
Article 8 Disclaimer
1. The Company will in no way be responsible for any content of the Service or any Information that Users acquire through the Site, including their completeness, accuracy, reliability, and usability.
2. The Company will in no way be responsible for any damage or virus infection of the User’s equipment caused as a result of the use of any information, picture, or link presented on the Site.
3. While the Company makes effort for the accuracy of product information presented on the Site, the Company does not guarantee it. An actual product may differ from the one presented on the Site due to a change to specifications or image processing. Even if it causes any damage to the User, the Company will under no circumstances be responsible for it.
4. The Company will under no circumstances be responsible, regardless of the reason, for any damage caused to the User due to unavailability of the Site.
5. The Company will be discharged from any liability by processing transactions according to information disclosed by the User and will in no way be responsible for any damage, loss, or disadvantage caused to the User in connection with the use of the Service, regardless of the legal cause of the claim, unless there is an intentional act or gross negligence of the Company in processing business of the Site.
Article 9 Members
1. Neither a company nor customer will be eligible for membership when the person intends to use services for a business purpose or for resale or sublease.
2. “Members” shall mean the persons who have completed the registration procedure on the Site as prescribed by the Company for an ID and password.
3. Each customer has one registration as the Member.
4. As a rule, membership is available only to those at least 18 years of age. A person under 18 years of age must obtain the consent of a guardian.
5. The Member is entitled to receive the benefits set forth in Article 11.
6. When there is any change to the name, address, telephone number, email address, or any other information submitted to the Company, the Member will promptly notify the Company of the change through the procedure prescribed by the Company.
7. The membership of the Member is exclusively vested in that individual, and the Member will not dispose of the membership, including through a loan, assignment, transfer of title, trade, creation of a security interest, or offering as security to a third party. The membership also may not be inherited.
Article 10 Management of ID and Password
1. The Member will manage and keep the ID and password at his/her own responsibility.
2. The Member will not dispose of the ID or password through a loan, assignment, transfer of title, trade, creation of a security interest, or offering as security to a third party (including another Member). The Member also will not disclose the password to a third party (including another Member). The Company will in no way be responsible for any damage caused to the Member or a third party as a result of such act.
3. The Member cannot change his/her ID.
4. The Member who has forgotten his/her ID can receive the disclosure of the ID through the procedure prescribed by the Company.
5. If the Member has the ID and password stolen or becomes aware that a third party (including another Member) illegally uses the ID and password, the Member will immediately notify the Company to such effect and will follow instructions of the Company, if any.
Article 11 Benefits of Member
1. Whenever the Member purchases an eligible product, Yamato points (hereinafter “Points”) will be granted.
2. The Member can exchange Points for products or use them as part of any purchase price (one Point for one yen) with future payments on the Site.
3. The Member can check the delivery status of products ordered on the Site and the history of past purchases.
Article 12 Points
1. The number of Points will be calculated by multiplying the amount paid for the purchase of products (excluding payments by Points) by the rate prescribed by the Company (hereinafter the “Point Rate”).
2. The grant of Points will be validated when an order is completed, and Points can be used from the next purchase.
3. Points are not redeemable for cash.
4. Points will become invalid when the Member has not made any purchase on the Site for two (2) years from the day on which the Member made the last purchase.
5. If the Member cancels an order or returns a product, the Points granted for the purchase of the product will become invalid retroactively to the time of purchase. If the remainder of Points becomes negative as a result of this, the Member will be refunded in the amount remaining after the deduction of the amount equivalent to the negative Points. If a shortfall occurs, the return of money may be required from the Member.
6. The Point Rate may be subject to change without advance notice.
7. The Company may suspend, discontinue, or terminate the provision of part of the services without advance notice if there is a natural disaster, communications failure, inspection, maintenance, unavoidable circumstance, or any other incident for which the Company deems it necessary to terminate it, and in this case, the Company will not undertake any liability whatsoever for Users.
Article 13 Withdrawal and Revocation of Membership
1. The Member can withdraw from membership by notifying the Company and carrying out the procedure prescribed by the Company. In this case, the Member’s ID will be removed, and after the removal of the membership, the person cannot make another registration with the same ID.
2. When the Company comes to know that the Member has died, the Company will handle it by deeming that notice of withdrawal under the preceding paragraph has been given.
3. If the Member falls under any of the following items, the Company may immediately terminate or remove the membership without giving advance notice to the Member:
(1) When the Member engages in any act set forth in Article 5
(2) When the Member has submitted any false statement or notification to the Company
(3) When it turns out that the Member has had his/her membership removed in the past due to violation hereof or any other reason
(4) When the Member interferes with the operation of the Site by whatever means
(5) When the Member delays or fails to pay liabilities, including charges
(6) When the Member cannot be reached by the telephone, fax, or e-mail submitted by the Member or by any other means
(7) When the Member violates these Terms
(8) When the Company otherwise finds that the person is inappropriate as the Member.
4. The Company will in no way be responsible even if the Service becomes unavailable to the Member as a result of the Company’s measure implemented under the preceding paragraph, and it results in any damage to the Member or a third party. If the Member inflicts any damage on the Company or a third party by any act set forth in items of the preceding paragraph, the Member shall bear all legal liabilities even after forfeiture of membership.
Article 14 Purchase and Sale
Users can purchase products and services presented on the Site in accordance with this chapter.
Article 15 Sales Terms
1. The selling prices of the products presented on the Site include taxes and apply when Users purchase them on the Site.
2. The prices of the products presented on the Site may be subject to change without advance notice.
3. The shipping schedule presented on the Site is only an estimated period from the time an order is validated, and it does not guarantee any delivery date.
4. Separately from the prices of products, the User will bear delivery charges for delivery.
When products are delivered outside Japan, the User also will bear customs, customs fees, and other charges at the time of delivery.
5. The purchase of products on the Site is available only to Users at least 18 years of age. The User under 18 years of age must obtain the consent of a guardian to make an order.
Article 16 Orders and Conclusion of Contracts
1. The User can purchase products presented on the Site through the procedure prescribed by the Company.
2. The contents of an order will be validated when the User completes the procedure for the order and payment of prices on the Site. However, in the case of cash on delivery, the contents of an order will be validated when the User completes the procedure for the order on the Site.
3. A contract for purchase and sale between the User and the Company based on an order will be validated when the User receives e-mail notification that the procedure for delivery of products has been completed or receives the ordered products from the Company. When products are shipped in installments, a contract for the purchase and sale will be validated whenever each product is delivered.
4. Even if the selling price or Point Rate is changed after an order, a contract for the purchase and sale shall be concluded under the terms in force at time the order is placed.
5. Even after a contract has been validated, the Company may unconditionally refuse an order or cancel the contract for any of the following reasons:
(1) When it is found that Personal Information contains any false statement
(2) When an order is placed for a product that is uncertain for a long period when it becomes in stock or of which production has been discontinued
(3) When the number of orders exceeds the number that the Company can arrange
(4) When the Company deems that the price presented on the Site is inaccurate in light of the market price
(5) When a received order is suspected to be for a purpose of resale or profit
(6) When the User under 18 years of age places an order without the consent of a guardian
(7) When the time limit for payment has expired for an order with a payment method for which such time limit is provided
(8) When the Company otherwise finds it necessary to refuse the order or cancel the contract
Article 17 Delivery of Products
1. When a contract is concluded with the User, the Company will deliver products to the prescribed delivery address of the User according to the contents of the contract.
2. To deliver products, the delivery company designated by the Company will visit the User, and in the absence of a separate request, the products will be delivered at the door of the delivery address. Upon delivery, the risk of the loss of the products will transfer to the User.
3. The ownership of products will transfer to the User when they are delivered in the case of a cash transfer, or when the Company receives, after delivery of the products, the full amount of the product prices from the credit card company in the case of a credit card payment or online payment.
4. As a rule, the User can designate only one delivery address in Japan for the delivery of products. However, products can be shipped to one delivery address abroad as an exception if all of the following conditions are met:
(1) When the User bears the full amount of the shipping charges designated by the Company (including service charges)
*A free shipping campaign separately determined by the Company will not apply to overseas shipments.
(2) When the User agrees that the return of goods or cooling-off is not available under any circumstances
(3) When the User agrees that the recipient of products will bear any customs and other charges that may be imposed in the destination country
(4) When the User agrees that the Company uses the delivery company designated by the Company
(5) When the User pays by credit card
(6) When the User understands and consents to these Terms written in Japanese
(7) When the User agrees that the date and time of delivery cannot be designated
5. When the User purchases two or more products that include made-to-order products by a single order, the products will be collectively delivered to the designated delivery address when the production of the made-to-order products is completed.
Article 18 Payment
1. Usage fees of the Site and method of calculation are separately designated by the Company.
2. If any dispute arises between the User and the credit card company or payment agent company in connection with payment of any charges or liabilities relating to the Site, the User will settle it directly with the company.
Article 19 Return of Goods and Refunds
1. The User who has received a defective or wrong product will inform the Company within eight (8) days after the arrival of the product. After having confirmed it, the Company will replace or mend it. If the Company cannot replace it with the same product or mend it for any reason, including the sold-out, the Company will refund the price or replace it with an equivalent product.
2. The Company will accept a request for return or replacement of a product if it is contacted by e-mail or other means within eight (8) days after the arrival of the product. In this case, the User will bear shipping charges for return of the product and delivery of a substitute. The User must return the product within 10 days after the acceptance of cooling-off.
However, return of any of the following products cannot be accepted:
(1) A product of which return has not been requested
(2) A product that is returned after the lapse of 10 days from its arrival
(3) A product that is finished, damaged, or used at the customer
(4) A product that is finished (tailoring etc.) at the request of the customer (excluding return for an error by the Company in finishing)
(5) A product for which the Company has clearly stated in advance that it is non-returnable
(6) A product that is delivered abroad
3. When a customer returns or replaces a product purchased by payment by bank transfer, convenience store (online) payment, or cash on delivery, the Company will refund, after having confirmed receipt of the product, the price of the returned product or the difference from the price of the replaced product by transfer to the bank account designated by the customer.
The Company will transfer the amount remaining after the deduction of transfer fees and shipping charges. When a customer returns a product purchased by credit card payment, the Company will cancel, after having confirmed receipt of the product and received shipping charges from the customer, the credit card sales for the price of the returned product.