YAMABUKI delivery & Take-out (hereinafter referred to as “this site”) is managed and operated by YAMABUKI (head office location: 〒380-0841 55-1 Daimon-cho Nagano, Nagano) (hereinafter referred to as “our store”).
Article 1 (Application of Terms and Conditions)
This Terms of Use and the related terms (including the terms of membership and privacy policy on this site, hereinafter referred to as the “Terms”) apply to all persons, at all times when using this website.
Article 2 (use of this site)
You will use this site in accordance with this agreement, and by using this site, you are deemed to have agreed to this agreement.
Notwithstanding the provisions of paragraph 1 of this Article, if the Company suffers damage due to the customer’s breach of this Agreement, the customer shall be liable for such damage and expenses.
Article 3 (Purchase of a product/s)
Customers can purchase the products on this site (hereinafter referred to as “the product”) using this site.
When a customer wishes to purchase a Product, the customer shall apply for the purchase of the Product in accordance with the method specified on the Site. When a customer orders a Product on the site, the company shall send an email (“Order Confirmation Email”) to the customer. When an Order Confirmation Email is sent to the customer, the contract of sale of the product shall be deemed to be formed between the customer and our company. Before placing an order, you must set up your email address to receive the email from this site. Please note that the purchase and sale contract for the product shall be effective even if the customer is not able to receive the Order Confirmation Email due to a problem in the customer’s email settings.
Regardless of the reason, if the correct selling price of this product is different from the price displayed on this site, (a) at the discretion of our company, (a) notify the customer before shipping, and the correct selling price again. After confirming the above, we will instruct you of shipment of the product or we will cancel the order and contact you.
Regardless of the payment method you have selected, all products purchased on this site will be subject to ownership by the customer at the time the products are shipped from the company. The risk of damage during shipping will be transferred to the customer at time of shipping. If the product is lost before it reaches the designated delivery destination, we will not be responsible for the loss.
Article 4 (payment)
For payment methods and means when you purchase this product using this site, please pay by the specified credit card issued by an authorized bank or financial institution. The person placing the order must have authority to use the chosen credit card or payment method. Non-compliance with this requirement can result in cancellation of the order. In addition, when paying with a credit card, the customer shall comply with the terms and conditions separately signed with the card company.
Article 5 (postage)
Regarding the shipping fee of this product purchased on this site, the amount shall be displayed on this site, and in principle, it will be borne by the customer.
Article 6 (cancellation)
Due to the nature of the product, which requires the procurement of ingredients to complete your order, we generally do not accept cancellations. Cancellations made by 12:00/noon the day before your requested delivery time will incur a 5% cancellation fee. Cancellations made after 12:0/ noon the day before will incur a 100% cancellation fee.
Article 7 (Return)
Customers will be responsible for the cost of returning the product purchased from this site.
If the return is due to our error or admission of responsibility, we will pay for shipping. We will refuse the return of goods in any of the following cases, except in the case of the quality of this product, etc.:
- If 24 hours has passed since delivery of the product
- If there is evidence that the product has already been used by the customer. Includes products that have scratches, stains, odors and discoloration that may have adhered during fitting.
- If the product is scratched, soiled or marked at the customer’s hand
- If the product appears to have been damaged during shipping
- If product tags have been removed by the customer
- If part of this product or accessories are missing or damaged
- If the exact color or appearance of the product doesn’t meet the customers expectation i.e. the shade of color appears somewhat different to the image online however the color itself is comparable.
- If the item’s web page says that the item cannot be returned (If the item says “No return after opening”, the item cannot be returned even if it is unused after opening the package).
- If the customer simply does not like the product.
- For products purchased at stores other than our store
- In addition to the above, if we reasonably judge that the return is not appropriate
Article 8 (Cancellation of Sales Contract)
In any of the following cases, the company may cancel the purchase contract with the customer even after sending the Order Confirmation Email.
- In the case of orders for products that are undeliverable or have been discontinued
- When an order is placed for a limited edition product that exceeds the quantity limit or quantity that can be arranged
- If the customer orders a product that is not in stock
- If the customer does not allow for a reasonable period of time for delivery or does not respond to telephone or email communications.
- If there is an error in the price indicated for the product
- If a falsehood is found in the personal information reported by the customer to the company.
- When the company determines that a customer’s purchase of a product is for or may be for resale.
- If we have reasonable grounds to believe that the credit card you used for payment cannot be used for payment or that it is difficult to make a payment.
- In the event that you otherwise fall under the prohibition set forth in Article 14 of this Agreement.
- In addition to each of the preceding items, when the company deems it appropriate based on reasonable grounds under normal social conventions.
The company shall have no obligation to pay any interest on the returned price or any damage caused to you or any third party as a result of such cancellation.
Article 9 (Change, Suspension and Discontinuance of the Website)
The Company reserves the right to change the content of this website or to suspend or discontinue all or part of this website without prior notice to you in the following cases:
- When we perform regular or emergency maintenance of the site, or when it is unavoidable due to additional website construction.
- If the telecommunications carrier discontinues the telecommunications service.
- In the event of difficulty in providing services through the website due to force majeure, such as pandemics, natural disasters, power outages, war, etc., or sabotage by a third party.
- In the event of difficulty in providing services through the website due to force majeure, such as pandemics, natural disasters, power outages, war, etc., or sabotage by a third party.
The company reserves the right to temporarily suspend or discontinue your use of the site without prior notice to you if it deems it necessary.
The company shall not be liable for any damages or other losses incurred by you as a result of the changes, suspension, or discontinuation of the content of this article as specified in paragraphs 1 and 2 of this article.
Article 10 (Copyright, etc.)
All copyrights and other rights and interests applied to the content of this website (text, images, video, audio, programs, etc.) are the property of the company or third parties who have granted the company permission to use them, and are to be used by the company or its affiliates under license or other legitimate authority. No articles, photos, illustrations, etc. from this site may be reprinted without the prior consent of the company.
Article 11 (Linking)
When linking to this website, the company may refuse to allow links to be established, depending on the content of the linked website and the method of linking. The company does not guarantee the content of any of the linked websites, and shall not be liable for any loss or damage caused in relation to the linked websites.
Article 12 (Trademarks)
All trademarks and service marks displayed on this site belong to the company or to third parties who have licensed their use to the company and are used by the company or its affiliates under license or other legitimate authority. They may not be used without the Company’s prior consent.
Article 13 (Grounds for Exemption)
The company cannot guarantee the completeness, accuracy, certainty, or usefulness of the content of the site or the information you obtain through or in connection with the site. In addition, the company cannot guarantee that the products listed on the site are in stock, nor can it guarantee that it will provide the products ordered. In addition, the prices, specifications and release dates of all products listed on the site are subject to change without notice. The company shall not be liable for any trouble, loss or damage that may occur as a result of the use of the information on this website or the use of this website. In addition, the company shall not be liable to you for any of the following, regardless of the reason, cause, nature or consequences of the damage:
Any damage caused by inaccuracies, errors or leaks in the information provided on this site, or any damage caused by access or failure to access this site (including virus infection).
Any damage caused by the interruption or discontinuation of the operation of this site.
Any damage caused by the alteration of the information provided on this site by a third party.
The company shall be liable to compensate you for any damage caused by the company’s intention or negligence, and the amount of compensation shall be limited to the total amount paid by you to the company for the product, unless the company has intentionally or through gross negligence.
Article 14 (Compensation for Damage by Customer)
Any dispute arising out of or related to your unauthorized use of this site, violation of these Terms of Use or any other violation of the company’s rules and regulations, or infringement of a third party’s rights, shall be resolved at your own cost and responsibility. If the company incurs any costs or makes any payments to you in relation to such disputes, you shall be responsible for such costs or compensation.
Article 15 (Prohibited Matters)
When using this site, you are prohibited from the following acts
- Using the information or products available on this site for purposes other than one’s own personal use, re-selling them to third-parties or infringing copyright.
- Any action that infringes or may infringe on the property or privacy of the company or a third party.
- Any action that causes or may cause disadvantage or damage to the company or a third party.
- Registering or providing false information through or about this site.
- Acts that are or may be contrary to public order and morals.
- Criminal acts or acts that lead or may lead to criminal acts.
- False declaration or notification, such as registering another person’s email address, physical/delivery address or unauthorized payment method.
- Business activities or acts for the purpose of profit, or for the preparation of such activities.
- Defamation of the reputation or credibility of the company or a third party.
- Use or provision of harmful programs that are infected or likely to be infected with computer viruses, etc., or actions that could lead to such infections.
- Acts that violate or may violate laws, regulations or ordinances.
- Campaigning or similar activities.
- Violating the rules of the domestic and international network when communicating via other networks inside and outside the country.
- Purchase of goods for resale (including cases where there is a risk of resale).
- Unauthorized use of a credit card, or an act that could lead to such an act.
- Any other act that the company determines to be inappropriate for a rational reason.
Article 16 (Amendments to these Terms)
The company may change the contents of these Terms and Conditions when it deems necessary. In this case, we will publish the content of such changes on the site in advance, and when you use the site on or after the date of such revisions, you will be deemed to have accepted the content of such changes.
Article 17 (Governing Law and Jurisdiction)
The use of this website and the interpretation and application of these Terms of Use shall be governed by the laws of Japan. Unless otherwise specified, the Tokyo District Court shall have exclusive first instance jurisdiction over all disputes related to the use of this website.
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by-laws
These terms and conditions are effective from November 1st 2020.
