TERMS AND CONDITIONS
Thank you for visiting our online shop. "Kanojo Toys" (the "Shop") will sell products on the Shop's website by accepting online orders from online users (the "Visitor" or "Customer") and, upon receiving payment of the purchase price, will ship purchased products to the delivery address provided by the Visitor (the "Service"). The following terms and conditions govern the use of the Shop and its Services (the "Terms"). Any Visitor who wishes to place orders with the Shop is asked to carefully read and accept the Terms beforehand.
ARTICLE 1 PERSONAL INFORMATION
ARTICLE 2 SHOPPING CART, CREATING AN ACCOUNT
1. Every first time Visitor to our Shop will be given a temporary shopping cart (the "Visitor's Cart"). This allows the Visitor to temporarily store products the Visitor wishes to purchase in the Visitor's Cart. If the Visitor leaves the Shop before creating an Account (defined in Clause 2 below) and being assigned a Member's Cart (defined in Clause 3 below), the contents of the Visitor's Cart will be emptied.
2. Visitor's may create an account by entering and submitting the required account information to the Shop (the "Account"). By creating an Account the Visitor will be able to shop faster, monitor the order status and keep track of previous purchases.
3. Every Visitor that has created an Account with the Shop is given a permanent shopping cart (the "Member's Cart"). This allows the Visitor to store products the Visitor wishes to purchase in the Member's Cart and return to the Shop at a later time or date to finalize the purchase. All products will remain in the Member's Cart until the Visitor has either purchased the products or has removed the products by deleting them from the Member's Cart.
4. If a Visitor adds products to the Visitor's Cart and then decides to sign in to the Shop by creating an Account, the contents of the Visitor's Cart will automatically merge with the Member's Cart.
ARTICLE 3 CHARACTERISTICS OF PRODUCTS
Most of the products sold in the Shop are made for the Japanese market and may not conform to the standards in the country of delivery. Unless otherwise specified, all instruction manuals that accompany the products and packaging, including any displays on the products, are in Japanese. Also, unless otherwise specified, all electronics comply with the Japanese electrical standard of 100V.
ARTICLE 4 RETAIL PRICES AND OTHER COSTS
1. The retail price and other costs for each product are shown in USD ($) or EUR (€) or JPY (¥) or AUD or CAD or GBP or CHF. The retail price for each product is the price that the Customer is obligated to pay when the Customer sends the Shop a purchase order (the "Order"). The Customer must also pay all associated shipping costs to ship the product from the Shop's storage facility in Japan to the Customer's delivery address. The final purchase price, which includes shipping costs, is displayed in the shopping cart after the Customer clicks "Checkout".
2. Depending on the law in the country of delivery the products purchased by the Customer may be illegal or subject to tax or import duty. The Shop is not responsible for paying any compensation for seized products or such tax or import duty, and is unable to define or pre-collect any such taxes or duties. If the Customer has any questions regarding the applicability of tax or import duty on any purchase from the Shop, the Customer should contact the appropriate local customs office before placing an order. The Shop will not declare that any purchased products are a gift or have a lower value than the retail price.
ARTICLE 5 ORDER PLACEMENT METHOD
1. Prior to placing an Order for a product, the Customer will be required to enter certain required information on the Shop's designated web pages and submit such information over the Internet to the Shop. Orders may be placed 24 hours a day.
2. As part of the process of placing an Order, the Customer will be required to confirm the Order on the Shop's order confirmation webpage (the "Confirmation Page"). On the Confirmation Page the Customer will be asked to review and confirm the Customer's name, delivery address, shipping method, billing address, payment method, product details and price. The Customer will be able to correct any mistakes or edit choices on the Confirmation Page prior to clicking the "Confirm Order" button. Once the Customer clicks the "Confirm Order" button the Order is transmitted to the Shop, which creates a binding offer by the Customer to purchase the product (the "Order Confirmation").
3. After the Order Confirmation process is complete, Customers wishing to pay by credit card or PayPal (where offered) will be directed to the secure webpage of the Shop's payment provider and asked to enter their name, address, credit card details and e-mail address. Customers wishing to pay by bank/wire transfer will not need to follow this procedure and may simply close the browser or return to the Shop.
ARTICLE 6 SALE AND PURCHASE CONTRACT
The sale and purchase contract between the Customer and the Shop (the "Contract") becomes effective when the Customer receives the Order Acceptance E-mail (defined in the Article 7 below).
ARTICLE 7 ORDER ACCEPTANCE E-MAIL
1. After receiving the Order, the Shop will automatically send an order acceptance e-mail (the "Order Acceptance E-mail") to the Customer. The Order Acceptance E-mail constitutes an acceptance of the Customer's offer to purchase the product, described in Article 5, Clause 2 above, by the Shop and thereby constitutes the formation of the Contract.
2. If the Customer does not receive an Order Acceptance E-mail within 48 hours after placing an Order, the Order may not have been received by the Shop. In this case, the Shop requests that the Customer resubmit the Order. When resubmitting the Order the Customer should type "Resending" in the comment box in order to avoid duplicate Orders.
ARTICLE 8 CHANGES AND CANCELLATIONS
The Shop will contact the Customer by telephone or e-mail to inform or confirm the Order status if the product cannot be delivered at all or cannot be delivered for a long period of time. This may happen in rare occasions because the product is no longer available, out of stock or if errors are found in the Order Acceptance E-mail. If the product cannot be delivered at all, the Shop and the Customer agree that the Contract will be rescinded and the Customer will receive a full refund of the purchase price, including any associated shipping costs or other costs.
In case of a product being out of stock for a long period of time, the Shop and the Customer may agree upon a delivery that is as close as possible to the originally scheduled delivery date or, both the Customer and the Shop may agree to rescind the Contract. Where the Contract is rescinded, the full refund of the purchase price, including any associated shipping or other costs, will be refunded to the Customer without any penalty. A short delay in delivery shall, however, not entitle the Customer to rescind the Contract.
ARTICLE 9 PAYMENT AND DUE DATES
The Customer may choose one of the following payment methods (where offered):
1. Credit Card
a. The Shop accepts VISA, MASTER and any other cards accepted by the Shop's payment provider Verotel.
b. The terms and conditions of Verotel company, which are available on its website, will apply to all credit card payments made by the Customer.
The terms and conditions of PayPal, which are available on its website, will apply to all PayPal payments made by the Customer.
3. Bank/Wire Transfer
a. After receiving the Order Acceptance E-Mail, the Customer is required to transfer the total amount of the purchase price, including shipping costs and other handling charges, to the Shop's bank account, details of which are given in the Order Acceptance E-Mail.
b. Payment shall be made by bank/wire transfer. All outgoing bank/wire transfer charges that may be assessed by the Customer's bank, if any, shall be borne by the Customer. All incoming bank/wire transfer charges that may be assessed by the Shop's bank, if any, will be borne by the Shop.
4. The Shop confirms the Customer's payment by e-mail to the Customer (Payment Confirmation E-Mail) immediately after receipt of the funds.
ARTICLE 10 DELIVERY
1. Orders will be processed after receipt of payment. With the exception of products in the Shop's stock, the Shop buys items specifically for each Order.
2. The Shop sends the products to the delivery address provided by the Customer. However, the Shop is not responsible for any damage or loss of the product after the Shop has delivered the product to the shipping company appointed by the Shop.
3. The product is delivered insured and traceable by the selected shipping service, FedEx. The Shop will inform the Customer of the online tracking number and other shipping details on the day of the shipment or the next working day. The Customer is responsible for tracking the parcel using the information provided in the shipping confirmation email. If the parcel is returned to the sender (the Shop) because the parcel's retention period has expired, the customer shall bear the original shipping costs. To resend the parcel, the customer shall bear the cost for the new shipment.
4. Several products ordered in a single Order are generally delivered in one shipment.
5. The Shop typically delivers the product 3-6 business days from the day the Shop has received the payment, unless stated differently in the article description. Delivery times will also vary depending on the destination and national holidays in Japan (e.g., year-end/new-year, Golden Week holidays and during the Obon holiday etc.) and in the country of destination.
6. The Shop undertakes its best efforts to keep within the stated delivery time, but the Shop asks for the Customer's understanding in unpredictable circumstances including, but not limited to, prolonged deliveries due to manufacturer's production problems, natural disasters or information systems problems (e.g., bank transfer delays) and the Shop shall not be responsible for any such delay of the delivery. The Shop will notify the Customer immediately when the Shop becomes aware of such problems.
ARTICLE 11 TRANSFER OF TITLE
Ownership of the products transfers from the Shop to the Customer on the condition that and at the time the Shop receives full payment.
ARTICLE 12 RETURNS AND EXCHANGES
1. The Customer must carefully inspect the product as soon as it is delivered to the Customer and notify the Shop immediately if the Customer notices any problems with the product, such as damage or delivery of a different product.
2. If the product delivered is different from the product the Customer ordered, or the product is defective, or the Customer does not like the product, the Customer may return such product, subject to the following conditions, by calling or sending an e-mail to the Shop and stating the reason for such return within seven days after receipt of the product. However, the product can only be exchanged for the same product and not for any product different from the ordered product.
3. If the Customer wishes to return the product because the product is defective, is not the product the Customer ordered, or is spoiled or damaged, or has any problems which are attributable to the Shop, the Shop will bear the original shipping costs and/or any return shipping costs.
4. If the Customer wishes to return the product because of the Customer's personal reasons, such as the Customer does not like the product, the Customer shall bear the original shipping costs, return shipping cost and any bank/wire transfer charges associated with refunding the purchase price.
5. All returns must be packed correctly to be accepted.
6. Returnable products must be returned within eight days from the date on which the Customer informed the Shop of the Customer's intention to and reason for the return.
7. Notwithstanding the foregoing, the Customer may not exchange the product in following circumstances:
a. When the Customer contacts the Shop on or after the eighth day after the delivery.
b. When the product tags, price tags, labels, etc. have been removed from the product.
c. When the product has been used, damaged, broken or changed by the Customer or the product package has been opened or the product package has been damaged, broken or destroyed.
d. Customized and sanitary products are generally excluded from return.
ARTICLE 13 WARRANTY
Warranty in relation to the product will be provided by the manufacturer of the product pursuant to the terms and conditions as set forth in the warranty certificate or other document attached to the product.
Prior to returning any product for warranty related issues, the Customer shall contact the Shop for consultation regarding the return, either by e-mail or telephone, and after receiving the Shop's confirmation may ship the complete product to the informed address.
The Customer shall enclose a short description of the malfunction and the original invoice with the product.
The Shop will process the warranty claim, on behalf of the Customer, with the manufacturer of the product in Japan. However, all warranty claims will be evaluated by the product's manufacturer and the Shop is not responsible if the manufacture determines that the problem with the product is not covered by the warranty or the claim is invalid.
The Shop will not accept any returned products that are not properly packaged and affixed with the correct postage. Shipping costs within Japan and back to the Customer are free of charge if the manufactures evaluates the warranty claim to be valid. Intentional or accidental damage due to neglect or improper packaging by the Customer are not covered under the warranty and, where this is found to be the case, the product will be returned to the Customer at the Customer's cost.
ARTICLE 14 DAMAGES OCCURRING DURING INTERNATIONAL SHIPPING
If, upon receiving a product shipped outside of Japan, the Customer notes any major damage to the packaging and/or the product itself, the Customer shall immediately file a report with the shipper or the shipping company. The Customer shall also notify the Shop by e-mail, attaching a damage report and, if possible, a photo as proof. The Shop will then process the insurance claim with the delivery company in Japan, on the Customer's behalf, and forward any compensation payments from the insurance to the Customer immediately after the damage claim has been settled.
ARTICLE 15 REFUND FOR RETURNED PRODUCT
If the Customer is entitled to a refund, the refund may be paid by one of the following methods:
1. If the payment was made by credit card or PayPal, the payment shall be refunded to the Customer by the Shop's payment provider or by PayPal, as the case may be, in accordance with their respective terms and conditions.
2. If the payment was made by bank/wire transfer, the payment shall be refunded to the Customer by the Shop by bank/wire transfer.
ARTICLE 16 LIABILITY
The Shop is not liable for any losses, damages, costs, or expenses incurred by the Customer or any third party resulting, whether directly or indirectly, from the use of the product unless otherwise stipulated in the Terms or such damages are attributable to the Shop.
ARTICLE 17 MISCELLANEOUS
1. Actual product colors may differ slightly from their appearance on the computer screen.
2. If a Customer's Order data is lost due to the malfunction of equipment related to the Service or of internet transmission circuits, the Shop may unconditionally and immediately terminate the Contract without any notice to the Customer.
3. System malfunctions may sometimes prevent or delay e-mails from Customers to the Shop. The Shop is not liable for any losses, damages, costs, or expenses incurred by the Customer arising out of, whether directly or indirectly, any non-delivery or delay in delivery of the Customer's e-mail.
4. The Terms may be changed without notice to the Customer. The Customer is responsible for confirming such changes if they are available on the Shop's website. However, if a product is ordered before such change in Terms is made available on the Shop's website, the former terms and conditions will apply.
5. The governing law of these Terms and any contract formed under these Terms is the law of Japan, excluding its choice of law rules. The Customer and the Shop agree that the Tokyo Summary Court or the Tokyo District Court shall have exclusive jurisdiction and that any lawsuit arising between the Customer and the Shop related to the Service shall be submitted to one of those courts, as the case may be.
6. By providing an international shipping address the Customer is becoming the importer of the products to the foreign country, and as such the Customer must be aware of all applicable laws and import duties specific to the country of import. The Shop is not responsible for the compliance with foreign law.