利用規約
Terms of Use
This terms of use (“Terms of Use”) apply to users (“User” or “Users”) in relation to the use of the service (“Service”) provided on the e-commerce site “Fandom Tokyo” (the “Site”) operated by Amazia, inc. (1-2 Sakuragaokacho, Shibuya-ku, Tokyo; the “Company”). Users are required to carefully read this Terms of Use, the Privacy Policy, and other policies referenced by this Terms of Use or posted on the Site and agree to the contents thereof whenever using the Service.
Furthermore, in some cases the Company may set forth provisions that apply depending on the region in which the User resides, in addition to this Terms of Use. In this case, these additional provisions will also constitute a part of this Terms of Use.
Article 1 Amendment of this Terms of Use
1. The Company may amend this Terms of Use at any time without the prior consent of the User by publicly releasing or notifying the User of the modified Terms of Use by the method that the Company determines to be appropriate; provided, however, that amendment of this Terms of Use will not affect orders placed by the User prior to the amendment of this Terms of Use.
2. Notwithstanding the preceding paragraph, if the impact incurred by Users as a result of the amendment is significant, the Company will amend this Terms of Use after first publicly releasing or notifying Users of the amended Terms of Use and the date that such amendment takes effect by the method that the Company determines to be appropriate.
Article 2 Purpose and Geographical Scope of the Service
1. The purpose of the Service is the sale of products such as Japanese hobby goods to Users outside of Japan through the Site.
2. Users who may purchase products through the Service are restricted to residents of countries designated by the Company (“Countries of Sale”), and residents of countries other than the Countries of Sale may not use the Service.
Article 3 Use by Minors
Users must be of legal age as defined by the laws in their region of residence (which in many cases means 18 years or older), or if Users are between the ages of 13 and 17, Users must obtain the consent of a parent or guardian to use the Service.
The Service is not intended for children under the age of 13, and if Users are under 13, Users must not use or access the Service in any way.
Article 4 Purchaser Registration
1. When purchasing products through the Service (including pre-orders), Users must consent to the content of this Terms of Use and carry out purchaser registration on the Site.
2. If it is found that a User who wants to be registered as a purchaser has been suspended from using the Service or been subject to deregistration due to a breach of this Terms of Use or the like in the past, or the Company determines that purchaser registration is not appropriate such as in the case where the registration details include falsehoods, the Company may refuse or delete purchaser registration. In this case, the Company bears no obligation to disclose the reason for refusing or deleting the purchaser registration.
3. A User that has carried out purchaser registration is responsible for the strict management and safekeeping of the registered e-mail address and password, and must not transfer, sell, devolve, lend, disclose, or divulge them to a third party under any circumstances whatsoever.
4. If a User discovers that the e-mail address or password has been improperly used by a third party, the User shall immediately contact the Company and follow the Company’s instructions.
5. Users shall themselves be liable for any damage caused due to the User’s insufficient management, error in use, or use by a third party without authorization of the e-mail address or password, etc., and the Company shall not bear any liability whatsoever.
Article 5 Purchase of Products
1. Orders
An e-mail to confirm the details of the order will be automatically sent when an order is placed through the Service. This notice does not mean that the order has been finalized. Following this, the User will be sent an order finalization e-mail after the Company confirms the stock of the ordered product (after it is confirmed that the product has come into stock in the case of pre-ordered products). The sale and purchase agreement between the User and the Company regarding the ordered product will be formed as of the time that the Company sends the order finalization e-mail to the User.
2. Pre-Orders
When purchasing pre-order products which have not yet been released for sale, Users place their orders with the understanding that, due to their nature, pre-order products require a certain amount of time for shipping, and that the delivery date of pre-order products may be significantly later than the scheduled release date displayed at the time of order or they may be unable to be sold due to insufficient stock due to the manufacturer’s production situation and circumstances such as distribution. Order cancellations due to delivery date delays for pre-order products will not be accepted. If there is insufficient stock of a pre-order product despite the Company making reasonable efforts, the Company may finalize the order with the number of units ordered by the purchaser reduced or cancel the order.
3. Product Stock
The number of units in stock of a product displayed on the Site is only an estimate, and stock may fluctuate until the order is finalized. Therefore, in some cases it may not be possible to arrange the product depending on the stock and circumstances such as pre-orders of the products displayed on the Site. If the Company is unable to arrange the product ordered by a User, the Company will promptly contact the User after confirming the stock.
4. Displayed Price
The product prices displayed on the Site are only the prices of the products, and do not include shipping fees, taxes, duties, and other expenses to be borne by Users purchasing the product (“Purchaser” or “Purchasers”). Product prices displayed on the Site use the exchange rate on the viewing date for the local currency selected by the Purchaser. Therefore, the price may differ at the time of order finalization by the Purchaser due to exchange rates and other circumstances.
5. Purchase Limit
Depending on the product, a limit may be set on the number of units per Purchaser or per household, and the Company may cancel orders in excess of the limit.
Article 6 Payment
Purchasers shall pay the purchase price of products using the payment method prescribed by the Company. The price of products will be the price at the time that the order is finalized. In the case of pre-order products, when the Purchaser pays by credit card or debit card, we may pre-authorize the amount to be paid at the time of order finalization and put the payment processing on hold. In that case, payment processing will be carried out after the ordered product is shipped at the pre-authorized amount.
Article 7 Shipping and Duties
All products sold through the Service are shipped from Japan, and the shipping fee shall be borne by the Purchaser.
2. Liability in Relation to Shipping
There may be changes to the delivery date or shipping method due to the operational circumstances of the air transportation used by the shipping company. The Company bears no liability whatsoever for any issues arising between the Purchaser and the shipping company or damage incurred by the Purchaser, whatsoever, in relation to shipping after the product has been handed over to the shipping company by the Company, irrespective of whether direct or indirect damage and irrespective of whether foreseeable.
3. Duties, etc.
In the case of shipping outside of Japan, the destination country or region may impose taxes, duties, or fees (“Duties, etc.”), and these shall be paid by the Purchaser. Purchasers should confirm the Duties, etc. to be paid by the Purchasers for each country or region at their own responsibility.
For shipments to the United States, the Company uses the "Delivered Duty Paid" (DDP) method. This means that the Company or its shipping carrier will pay any applicable customs duties and clearance fees on behalf of the Purchaser when importing the ordered products into the U.S. These costs are paid concurrently with the sale price at the time of your order, so you will not be required to pay any additional fees upon receipt of your product.
Article 8 Cancellation, Returns, Replacement, Refunds
1. Cancellation by the Company Convenience
In some cases, the Company may cancel a Purchaser’s order depending on the product stock or status of shipping by the shipping company. In addition, if there has been a prohibited act or other inappropriate act by the Purchaser in relation to use of the Service, the Company may cancel the Purchaser’s order, and the Company has the right to rescind, terminate, or take other appropriate measures with regard to the sale and purchase agreement with the Purchaser.
2. Cancellation by the Purchaser Convenience
In principle, cancellation of orders by the Purchaser is not possible; provided, however, that if there are special circumstances, orders that have not yet been shipped may be cancelled as an exception. In principle, orders may not be cancelled after they have been shipped, but if the following paragraph applies, products may be returned with the Purchaser paying the shipping fee. In the case of cancellation by the Purchaser, the shipping fee required for the purchase will not be refunded.
3. Returns
Returns by the Purchaser will only be allowed if a request is made to the Company within 14 days starting from the day following the date that the product is delivered. The Purchaser shall pay the shipping fee for returns. Requests for returns may only be made for products that are unused and unopened, in the same condition as when they were shipped, with the original packaging preserved.
For U.S. Purchasers only, a cancellation fee of 20% of the sale price will be charged. This cancellation fee includes round-trip shipping costs for returns and any customs duties or clearance fees paid by the Company or its shipping carrier on your behalf. If there is a remaining balance, it will be refunded after the Company confirms receipt of the returned product.
4. Replacement
Replacement will only be allowed if a product is delivered damaged or it is discovered that the product is defective or the wrong product has been delivered within 14 days starting from the day following the date that the product is delivered. The product will not be deemed to be a defective product or damaged product solely due to the presence of ordinary wear or damage arising in the course of manufacturing or transportation. Customers who wish to replace a product should send a photo of the defective or damaged parts of the product to the prescribed contact information. Replacement procedures will be commenced once it has been confirmed that it is eligible for replacement; provided, however, that if a replacement product cannot be arranged despite the company making reasonable efforts to arrange a replacement product, the Company may refund the product purchase price in lieu of replacement. The Company will pay the shipping fee, consumption tax, and Duties, etc. with respect to returns and re-shipping for replacement.
5. Refunds
In principle, refunds will use the same payment method as at the time of purchase, after confirming the condition of the product to be returned or replaced. Please be aware that a prescribed period of time is required for the processing of refunds; provided, however, that refunds are not possible if the product for return or replacement is not received by the Company.
Article 9 Prohibitions
1. In relation to use the Service, Users shall not engage in acts that fall under or are likely to fall under any of the following:
(1) Violations of laws, regulations, or public order and morals;
(2) Breaches of this Terms of Use;
(3) Acts in connection with criminal acts;
(4) Infringing the rights of the Company or other Users;
(5) Causing disadvantage, damage, or nuisance to the Company or other Users;
(6) Disrupting, or causing an excessive burden to or interfering with the normal operation of, the Company’s servers or network;
(7) Using information obtained from the Service for commercial purposes;
(8) Interfering with the operation of the Service;
(9) Fraudulently using payment methods such as credit cards;
(10) Unauthorized access or attempts at unauthorized access;
(11) Unauthorized collection or use of third-party personal information;
(12) Impersonation of other Users;
(13) Minors purchasing products without obtaining the consent of their legal guardian or other legal representative;
(14) Directly or indirectly providing an antisocial force with a benefit in relation to the Service; or
(15) Any other act equivalent to any of the preceding subparagraphs that is found to be inappropriate.
2. If the Company incurs damage due an act of a User that falls under any of the subparagraphs of the preceding paragraph (including personnel expenses for persons engaged in the work to respond thereto, reasonable legal fees, and other expenses), the Company may claim compensation for such damage from the User.
Article 10 Handling of Personal Information
The Company will handle personal information of Users that the Company obtains in relation to the use of the Service by Users in accordance with the Privacy Policy separately set forth by the Company.
Article 11 Disclaimer of Warranty and Liability
1. The Company endeavors to ensure that information and product images posted on the Site are accurate (including, but not limited to, product colors and condition such as damage), but the posted product images may differ from the actual products in some cases. To the extent permitted by applicable laws, the Company does not guarantee, and is not liable for, the accuracy of information on the Site.
2. Please acknowledge that products posted on the Site have not been optimized for sale in the User’s country and that in some cases product explanations, standards, safety warnings, etc. may not be stated in the language of the destination country. In addition, the User bears full responsibility for any damage incurred due to this, and the Company shall bear no liability for this under any circumstances whatsoever.
3. The Company provides no guarantee whatsoever that the products sold through the Service fit the specific purpose of the User, have the expected value as products, authenticity, accuracy, usefulness, currency, reliability, or legality, or that they do not infringe the rights of a third party.
4. The Company bears no liability whatsoever for any issues between the User and a third party in relation to products sold through the Service, and Users shall resolve any such issues at their own expense.
5. Even if the Company suspends, discontinues, or modifies the Service temporarily in the following cases, the Company bears no liability whatsoever for any damage, loss, or disadvantage, etc. incurred directly or indirectly by the User:
(1) Natural disasters such as fires, earthquakes, floods, lightning, or heavy snow;
(2) Social instability such as war, insurrection, terrorism, riot, or civil disturbance;
(3) Issues arising from a telephone company, shipping company, or provider with which the Company has entered into a contract;
(4) Arising technical problem that cannot be respond to; or
(5) Any other situation equivalent to any of the preceding subparagraphs where it is necessary to suspend, discontinue, or modify the Service.
6. The Company’s liability in the event that the User incurs damage due to failure to perform an obligation or tort by the Company is limited to the purchase price of the product purchased by the User, except for in the case of willful intent or gross negligence on the part of the Company (including the officers or employees of the Company).
Article 12 Termination of the Service
The Company may terminate provision of the Service at any time if the Company determines that it should terminate provision of the Service. In this case, the Company will endeavor to notify Users of the termination date of the Service in advance.
Article 13 Intellectual Property Rights
1. The copyrights, trademark rights, and all other intellectual property rights for text, photographs, illustrations, logos, and designs, etc. (“Information, etc.) relating to the Site and products belong to the Company or the rightful rights holder. Users shall not carry out acts that infringe these rights (including, but not limited to, duplication, reproduction, modification, and other derivative use).
2. If a User posts information such as reviews in connection with use of the Site (including, but not limited to, entry into a promotional campaign, etc.), by making that post the User grants the Company a free of charge and non-exclusive right (including the right to sublicense to a third party) to use that post (including reproduction, publication, transmission or public transmission, distribution, transfer, lending, translation, and adaptation of the post) anywhere in the world. In addition, the User agrees not to exercise against the Company (including persons who have succeeded to rights from or been granted licenses by the Company) the moral rights of the author with respect to such post.
Article 14 Divisibility
Even if it is determined that part of this Terms of Use is illegal, or invalid or unenforceable due to applicable laws or regulations, etc., the remaining provisions of this Terms of Use will continue to have full effect.
Article 15 Governing Law
This Terms of Use are governed by the laws of Japan, and shall be construed in accordance with Japanese commercial practice and law.
Article 16 Exclusive Jurisdiction
It is agreed that the Tokyo District Court shall have exclusive jurisdiction as the court of first instance with respect to any dispute whatsoever arising from or in connection with this Terms of Use.
Article 17 Communications and Notices
1. Inquiries to the Company by Users relating to the Service shall be made to the following contact information: customer@fandom.tokyo
2. Communications or notices from the Company to Users will be made by the method prescribed by the Company. Notices from the Company to Users shall take effect upon sending of the notice by the Company to the address or e-mail address registered by the User.