Terms and Conditions of Commercial Transaction
1) SCOPE OF APPLICATION
1.1 These terms and conditions of commercial transaction (hereinafter referred to as the “Terms and Conditions”) enacted by K CRAFTWORK JAPAN (hereinafter referred to as the “Seller”), a retailer directly operated by Kyowa Co., Ltd., shall apply to all contracts that are executed between the consumers (hereinafter referred to as the “Customer(s)”) and the Seller concerning all products and/or services that are offered at the Seller’s online shop. Unless otherwise specified, any possibility of application of Customer’s any other terms of commercial transaction is hereby eliminated.
1.2 For the purpose of these Terms and Conditions, “consumers” means individuals that are acting completely or mainly for purposes other than their respective trades, businesses, crafts, or occupations.
2) CONTRACT EXECUTION
2.1 Explanations provided at the Seller’s online shop on the products are not offers that are binding on the Seller but rather are meant to merely aid Customers with their submission of binding purchase requests.
2.2 Customers may submit their purchase requests by transmitting them using the online order form integrated into the Seller’s online shop. For this purpose, Customers are deemed to have submitted their legally binding contract applications to purchase the product or service they chose and placed in the shopping cart when they click the finish button to complete the ordering process, and the contract is deemed to have been executed the moment a payment by credit card is made.
2.3 This online shop only accepts payment by credit card.
The shipping arrangement or manufacturing of the product ordered starts after the credit card payment is confirmed.
2.4 If the Seller does not acknowledge a purchase request from the Customer within the period as set forth below, the Seller shall be deemed to have denied the request, in which case, the Customer shall no longer be bound by the manifestation of intent to make the purchase.
2.5 The acknowledgement period for each purchase request shall commence on the day that immediately follows the day on which the request is transmitted by the Customer and shall end at the end of the third business day after the transmission of the request; provided, however, that the acknowledgement period may be extended during the year-end and New Year holidays and other consecutive holidays throughout the year. The precise information on the acknowledgement period shall be posted and updated on the website.
2.6 The content of each contract shall be stored by the Seller, and the Customer shall be deemed to have accepted the contract by transmitting the order and when the credit card payment is confirmed. The Seller shall manage each contract that becomes effective. Customers may contact the Seller by email for any inquiries. The email address for this purpose is provided on the website.
2.7 The official language used for contractual purposes shall be English.
2.8 When an order is placed by the Customer, the subsequent order processing and communication will be usually executed by email and automated order processing. It is the Customer’s responsibility to make sure that the email address provided for order processing is accurate so that the Customer will be able to receive all email from the Seller. Especially if the Customer is using a junk mail filter, it is the Customer’s responsibility to change the settings so that all email from the Seller or a third party contracted by the Seller for order processing can be received.
3) RIGHT TO CANCEL
3.1 Please note that we do not accept cancellations after the order is confirmed, except for initial product failures.
If you cancel for unavoidable reasons:
A cancellation fee of 5% of the purchase price will be charged separately.
Please contact us for more information.
4) PRICE AND SHIPPING COST
4.1 Unless otherwise specified in the product descriptions, the price of each product posted at the shop includes the shipping cost. Customers shall be responsible for paying any statutory value-added tax, customs duties, and other fees that may be charged by the countries, states, and municipalities for each purchase.
4.2 For the delivery to countries other than the U.S., U.K., and EU member states, additional costs may possibly arise. As this is beyond the Seller’s control, such costs shall be paid by Customers. These additional costs include without limitation remittance costs (remittance fees and exchange fees), customs duties, and import tariffs.
4.3 Customers can choose one of the payment methods as indicated at the Seller’s online shop. PayPal is the Seller’s payment gateway.
4.4 All payments shall become due immediately following order placement.
4.5 All product prices are indicated in Japanese yen.
5) ABOUT TARIFFS
5.1 What is displayed on this site is the price of the product and shipping charges only. In addition to this amount, you (the buyer) are responsible for paying any customs duties or VAT that may be due. Please note that amount of customs duties and VAT vary from country to country. For more information, please contact your local post office or customs office.
You will receive an invoice from Fedex in about two weeks to a month after the goods arrive. Please pay the duty and VAT to Fedex as soon as you receive it.
6) SHIPMENT AND DELIVERY TERMS
6.1 Products ordered will be sent to the ship-to address specified by the Customer through a certain delivery route. In transaction procedures, the ship-to address specified by the Customer during the ordering process will be used. However, if PayPal is chosen by the Customer for its payment method, the ship-to address data provided by the Customer to PayPal at the time of payment shall be used instead.
6.2 If a product ordered by the Customer cannot be delivered, the forwarder contracted by the Seller will return the product to the Seller. The additional costs resulting from such product return shall be paid by the Customer; provided, however, that if the Customer is not responsible for the cause of the forwarder’s inability to deliver the ordered product, or if the Seller failed to provide sufficient prior notice to the Customer before shipping the product and the Customer ends up temporarily unable to receive the product as a result, the Customer shall be exempted from the responsibility for the costs.
6.3 The Seller reserves a right to deliver an order in multiple installments. In this case, the Seller shall notify the Customer of the day on which the delivery will be completed. The Seller shall complete the delivery within a reasonable period. The Seller shall not charge any additional fee for installment deliveries. If it is the Customer who specifically requests the Seller to deliver order in multiple installments, the Seller reserves a right to charge an additional fee to the Customer.
6.4 In principle, the risk of accidental destruction and accidental deterioration of each product being sold to the Customer shall transfer to the Customer the moment the Customer or another party appointed by the Customer takes physical possession of the product.
6.5 The Seller reserves a right to rescind any contract if the necessary supply of products to the Seller is insufficient or inappropriate for performing its contractual obligations. This applies only to the case in which the Seller is not responsible for the lack of proper product supply and the Seller has specific hedging arrangements in place with its supplier. The Seller shall exert all reasonable efforts to procure the products it needs to fulfill all orders. If the Seller is unable to procure any or all products that have been ordered by the Customer, the Seller shall notify the Customer without delay and will immediately refund the amount paid by the Customer.
6.6 Due to logistical reasons, Customers cannot pick up products at the physical shop location.
6.7 When an order is officially placed by the Customer (with its payment already received by the Seller), the Seller shall ship the product approximately one week following the order if the ordered product is in stock. If the ordered product is out of stock, the Seller shall start the manufacturing process immediately. In this case, it takes approximately three to four weeks until product shipment to the Customer.
Depending on the product, the lead time may deviate from the aforementioned time schedule, in which case the Seller shall notify the Customer. The Seller shall ship each product ordered to the Customer at the ship-to address specified by the Customer in the order form, using a commercially reasonable method which the Seller may choose at its sole discretion.
7) LIABILITY AGAINST DEFECTS
7.1 Each Customer shall report to the Seller any and all defects on the product, within three business days following the receipt of the product.
7.2 As each product is manufactured to the specific size indicated by each Customer during the ordering process, any size or fit-related issue shall not be considered a defect and, therefore, shall not qualify as a ground for refund.
7.3 If the Customer refuses to accept the product ordered due to a defect other than size or fit-related issues, the Customer shall return the product to the Seller at the Customer’s own cost.