Japan Trend Shop
TERMS AND CONDITIONS
Thank you for visiting our online shop. "Japan Trend Shop" (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
ARTICLE 1 PERSONAL INFORMATION
The Shop respects the Visitor's
privacy. The Shop may use a Visitor's personal information, as defined in Japan's
Act on the Protection of Personal Information, that distinguishes and
identifies the Visitor (the "Personal Information") and transaction
information (including the Visitor's purchasing history information) obtained
through the Service for the purpose of providing the Service. Unless otherwise
permitted by law, the Shop will not disclose or furnish any Personal
Information or transaction information to third parties without the prior
consent of the Visitor. For more information, please see the
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.
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 (¥). 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
2. Depending on the law in the
country of delivery the products purchased by the Customer may be subject to
tax or import duty. The Shop is
not responsible for paying any 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
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
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
The Shop accepts
VISA, VISA DEBIT and MASTERCARD and any other cards accepted by the Shop's
The terms and
conditions of WorldPay 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 EMS (Express Global Mail Service). The Shop will inform the Customer
of the EMS 24-hour online tracking number and other shipping details on the day
of the shipment or the next working day.
4. Several products ordered in a
single Order are generally delivered in one shipment.
5. The Shop typically delivers the
product within 7 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
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
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
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
When the Customer
contacts the Shop on or after the eighth day after the delivery.
When the product
tags, price tags, labels, etc. have been removed from the product.
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.
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:
Japan Trend Shop c/o Octo
Trade Co., Ltd. Customer Service
Hanegi, Setagaya-ku, Tokyo 156-0042, Japan
Customer shall enclose a short description of the malfunction and the original
invoice with the product.
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.
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
Customer is entitled to a refund, the refund may be paid by one of the
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
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.