Article 1 (Areas applicable to these Terms)
Nakamura Tokichi Honten Co., Ltd. (“Nakamura Tokichi Honten”, “we”) has established these Terms of Use, as follows, concerning the use of the official Nakamura Tokichi Honten Website we operate and related social media services (the “Services”).
Article 2 (Use of this service)
Users shall use the Services in accordance with these Terms of Use and user guides separately established by Nakamura Tokichi Honten.
Underage members may ask for the consent of parents.
Article 3 (Change of Terms)
We may change the content of these agreements without the consent of the user.
Article 4 (Ordering and delivery of products)
“Orderer" means a person who places an order online by following the procedures prescribed by the Site upon acceptance of these Terms and Conditions. The Orderer warrants that the information provided to the Site at the time of use is true and correct. Products ordered within the Site will be shipped using DHL's transportation service.
Article 5 (Payment)
The amount to be paid when purchasing products shall be the total of the product purchase price, shipping, handling fees, and consumption tax. Shipping charges are determined by actual weight. Purchase agreements may be terminated or cancelled without notice from Nakamura Tokichi Honten, at the responsibility of the User, when the total amount has not been paid by the payment due date using the payment method selected when placing an order. Certain payment methods may not be available due to the nature of the products ordered from the Services or the age of Users. When payments are made by credit card or other means provided by a third party, and when any disputes arise between Users and third parties such as credit card companies concerning advanced payments, etc., the parties concerned shall resolve the dispute, and Nakamura Tokichi Honten shall not be held in any way responsible.
Article 6 (Formation of a contract)
Users who wish to purchase products should apply to purchase products by the means specified by Nakamura Tokichi Honten. A purchase agreement shall come into effect between Users and Nakamura Tokichi Honten upon Nakamura Tokichi Honten sending Users an email to notify of shipment of purchased products following the application provided for in the preceding paragraph; provided, however, we will not be held responsible for any failure to receive the auto-reply e-mail due to an incomplete order entry.
Article 7 (Handling of absence at time of delivery)
In the event that the Orderer or the recipient designated by the Orderer is not available to receive the products ordered on the Site despite our delivery on the date and time designated by the Orderer, or if the Orderer or the recipient designated by the Orderer is unable to receive the products, or if the Orderer or the recipient cannot deliver the products at the designated time for any other reason, the cancellation of the purchase contract by the Orderer shall be deemed to be a cancellation of the purchase contract.
Article 8 (Returning Products, etc.)
Products may not be returned unless they are damaged during delivery, defective, or returns are otherwise approved by Nakamura Tokichi Honten. Users shall return products by the method separately stipulated by Nakamura Tokichi Honten when Nakamura Tokichi Honten permits products to be returned. Users shall be liable for the total cost of the order, even when Nakamura Tokichi Honten has permitted products to be returned, if Users do not return products by the method stipulated by Nakamura Tokichi Honten and Users cannot be contacted within thirty days of Nakamura Tokichi Honten contacting Users. Users shall bear reshipping fees if products shipped by Nakamura Tokichi Honten cannot be delivered to the delivery address specified by Users and are returned to Nakamura Tokichi Honten. Users should check the whereabouts of products using a package tracking website in order to accept delivery of products without delay.
Article 9 (Membership Registration)
Users shall apply for membership registration in accordance with the method designated by the Company from the membership registration page. When registering as a member of our online store, please be sure to read the "Nakamura Tokichi Online Store Membership Agreement". Users should use a credit card in their own name when using a credit card to purchase products. Nakamura Tokichi Honten shall approve applications by sending a registration confirmation email when approving applications to register as a member. Registration applications may not be approved or registration may be revoked if an individual who has applied to register as a member is discovered to have been subject to the cancellation of membership registration due to breaching these Terms of Use or the like, if the application provided by the individual who applied to register as a member includes false information, or if approval of a membership application is otherwise deemed inappropriate by Nakamura Tokichi Honten.
Article 10 (Membership ID and Password Management)
Users assume responsibility for managing the membership ID and password they themselves have set. Users must not assign, lend or disclose their membership ID or password to a third party. Users assume responsibility for loss or damage resulting from the inappropriate management, misuse, or use by a third party of their membership ID or password. Users should immediately contact Nakamura Tokichi Honten if they discover that their membership ID and password is being used unlawfully by a third party.
Article 11 (Suspension of Services)
Nakamura Tokichi Honten may suspend provision of the Services in whole or in part without notifying Users in advance in any of the following circumstances, so as to maintain the Services in a good operational state:
(1) when necessary for routine system maintenance or emergency maintenance;
(2) when operating the system is difficult due to fire, power failures, or interference by third parties; or
(3) when suspending the system is otherwise deemed unavoidably necessary by Nakamura Tokichi Honten.
Article 12 (Termination of Contracts)
Nakamura Tokichi Honten may terminate purchase agreements for products, in whole or in part:
(1) when Users breach these Terms of Use;
(2) when circumstances are discovered that could be considered to compromise Users’ ability to pay;
(3) if the application provided by the individual who applied to register as a member includes false information
(4) when Users breach these Terms of Use;
(5) when unable to deliver products due to the delivery address being unknown, long-term absence or the elapse of the acceptance period due to absence.
Article 13 (Use of User Information)
Personal information obtained by Nakamura Tokichi Honten through the use of the Services is used in accordance with our separately established Privacy Policy, to provide various services to Users including payment services, provision of information, sales management, product development, and trend analysis, and to enhance, etc. our goods and services.
Article 14 (Notification)
Notification from Nakamura Tokichi Honten to a user shall, as a general rule, be made by sending an e-mail to the e-mail address registered by the user as the recipient of the notification (however, other methods deemed appropriate by the Company may be used depending on the circumstances). In the event that notification is made by e-mail, the Company shall send the notification to the e-mail address of the registered member. In the case of notification by e-mail, notification shall be deemed to have been completed when the Company sends data to the e-mail server that manages the e-mail address of the registered member.
Article 15 (Prohibited Acts)
Users must not: Use false information when applying to register as a member; Use of information regarding products for purposes other than personal use, such as use for profit; Engage in acts that hinder the operation of the Services, or engage in other acts that are likely to disrupt the Services; Unlawfully use a credit card to use the Services; Improperly use an email address or password; Use of the Service for business activities, profit-making purposes, or preparation for such activities; Engage in acts that cause or are likely to cause a nuisance, detriment, loss or damage to other Users, third parties, or Nakamura Tokichi Honten; Engage in acts that infringe or are likely to infringe the trademark rights, copyrights, privacy, or other rights of other Users, third parties, or Nakamura Tokichi Honten; Engage in acts that violate or are likely to violate public order and morals, or other acts that violate or are likely to violate laws and regulations; or Engage in any other acts deemed inappropriate by Nakamura Tokichi Honten.
Article 16 (Copyrights, etc.)
Unless otherwise provided for in these Terms of Use, All copyrights, trademarks, logos, designs, and all other intellectual property rights or rights of use of all images, works, trademarks, logos, designs, and other information on this website are the property of the Company or other copyright holders or other legitimate right holders, and any infringement of these rights by users is prohibited. In the event that the provisions of these Terms of Use are breached and any issues arise with legitimate rights holders or third parties, Users shall resolve such issues at their own responsibility and expense and shall not cause any trouble, loss or damage whatsoever to Nakamura Tokichi Honten.
Article 17 (Other Disclaimers)
Nakamura Tokichi Honten assumes no responsibility for the completeness, accuracy, applicability, usefulness, currency, certainty, operability, safety, etc. of the contents of this website or information obtained by users through this website. Nakamura Tokichi Honten shall not be liable for any damage caused by software or hardware accidents, malfunctions, trouble between users or between users and third parties, or any other accidents resulting from the use of this website, including this site.
Article 18 (Governing Law and Court of Jurisdiction)
The Kyoto District Court shall be the court with jurisdiction in the first instance if the need for litigation arises concerning use of the Services.
Article 19 (International Shipping)
Product ownership and burden of risk shall transfer from Nakamura Tokichi Honten to Users at the time products ordered by Users are shipped by Nakamura Tokichi Honten. Users should check the shipping status of products themselves. Once products have been shipped Nakamura Tokichi Honten cannot accept changes or cancellations, etc. unless products are defective or wrongly delivered. The time required for delivery depends on the delivery service and customs situation in each country, as well as on other factors such as natural disasters and other accidents. Nakamura Tokichi Honten cannot make any guarantees concerning delivery times. Charges such as customs duties, value-added tax (VAT), and customs fees may be imposed by governments or local delivery companies depending on the country or region to which products are sent, and Users may be required to pay such charges separately when accepting delivery. Nakamura Tokichi Honten cannot accept requests to return or exchange products, or provide refunds, etc. for products lost or damaged during customs inspections. Users should store all products and packaging in preparation for inspection by the delivery company in the event that Users accept delivery of damaged or defective products. Users should notify Nakamura Tokichi Honten within one week of accepting delivery of such products. Depending on the country or region, and depending on the delivery method selected by Users, the delivery location may be the local delivery service’s office or custom office, rather than the delivery address. The recipient is responsible for accepting delivery in such cases. Users should contact the local delivery service or customs, quoting the package tracking number, if Users are not contacted by the delivery service or customs at the time products should have arrived. Users should bear all shipping fees when reshipping packages returned to Nakamura Tokichi Honten. Packages that have been returned shall be reshipped using the delivery service designated by Nakamura Tokichi Honten, and Users will be charged reshipping fees based on fees specified by the delivery service.
Article 20 (Changes to this Terms and Conditions of Use)
Nakamura Tokichi Honten may alter these Terms of Use without prior approval from Users. Users shall be deemed to have agreed to alterations to these Terms of Use at the time Users first use the Services after the Terms of Use have been altered. The revised Terms of Service shall take effect and apply from the time of revision.
Established January 2023
