“Hamafukutsuru Club” Terms and Conditions of Use

Article 1. About Terms and Conditions of Use

1. Terms and Conditions of Use

These Terms and Conditions of Use set forth the terms and conditions for the user (hereinafter, “Customers”) who use any and all services (hereinafter, the “Services”) on our online shopping service “Hamafukutsuru Club” provided and managed by Koyama Honke Shuzou Nada Hamafukutsuru Kura Co., Ltd. (hereinafter, “the Company”).

2. Modification / Revision to those Terms and Conditions

The Company is able to change or revise these Terms and Conditions without any notice or consent of the Customers. Changes / revisions will be effective when changes / revisions of these Terms and Conditions are posted on the website, only the modified version of the Terms and Conditions shall become effective.

Article 2. About Shopping

3. Purchase of Products

  In accordance with these Terms and Conditions, Customers are able to purchase our products. To purchase products, customers need to register as member of “Hamafukutsuru Club”.
2 Customers can place order by phone or fax. Customers should make sure that there is no error in the order.
3 For any items ordered, the purchase agreement will be effective when the Company makes a phone call or send a fax to “confirm the order”, and when it is confirmed with the Customers for the orders described in the previous paragraph.

4. Delivery of Products

  Delivery is completed when the products ordered are delivered to the delivery address specified by the Customer.
2 If Customers do not accept the ordered product, or if the delivery cannot be completed due to a Customer’s condition, the items will be stored up to 7 days, however, a separate storage fee may apply.
3 As described in the previous paragraph, when Customers do not accept the ordered product, it will be considered that the order has been canceled and the amount equivalent to the delivered items may be charged as a penalty.
4 If a delivery of product is delayed or cannot be delivered due to a natural disaster, the enactment, revision or abolition of laws, disposition based on the exercise of public authority, transportation accident, labor dispute or other unavoidable circumstances, the Company will promptly notify the Customer. However, the Company is not responsible for any damages caused by these conditions.

5. Payment

  Customers can use one of the methods below to pay for the product, shipping fee or other fees.
(1) Order for the first time after registering as a member of “Hamafukutsuru Club”
Cash-on-delivery service
This service is only available when delivering ordered products to the address of the purchaser.
Japan Post (Yucho) bank transfer
This service is only available when delivering ordered products to the address different from the purchaser’s address. In this case, the Company will mail a bank transfer form to the purchaser, then the Company will ship out the order once the money transfer is confirmed.
(2) Second and subsequent orders after registering as a member of “Hamafukutsuru Club”
Cash-on-delivery service
This service is only available when delivering ordered products to the address of the purchaser.
Japan Post (Yucho) bank transfer
This service is available for both, when delivering the product to the purchaser’s own address or when delivering it to the address different from the purchaser’s address. In this case, the Company will mail a bank transfer form to the purchaser at the same time as the product’s ship out, the Customer is asked to transfer money within 10 days after the bank transfer form arrives. (The Company may ask Customers to pay full in advance even before shipping the order out for cash-on-delivery in a certain condition such as a large order).
2 Customers are to pay the handling fee for cash-on-delivery service. (The handling fee can be free of charge, depending on the order amount). The bank transfer fee is paid by the Company (only when Customers use the specific bank transfer form mailed by the Company).
3 The shipping fee is paid by Customers. (Shipping fee can be free of charge, depending on the order amount).
4 All and any telecommunication fees (phone, fax, Internet, etc…) to use the Services are paid by Customers, except for the toll free calls to the Company.

6. Return of Items

If the product the Company delivered is different from you ordered, or if it has a stain, is already damaged or is a defective product at the time of delivery, the Company will accept return for free of charge. However, Customers agree that the Company does not accept returns or product exchanged if any of the following conditions apply.
Request of return or product exchange for Customer’s personal preference or reasons.
Product is damaged or deteriorated due to reasons attributable to Customers.
Product returned without the Company consent.

Article 3. About “Hamafukutsuru Club” Membership Registration

7. About “Hamafukutsuru Club” Membership

“Hamafukutsuru Club” members (hereinafter “Members”) are the people who have been approved by the Company as the people who can use the Member Services that are provided by the Company.
Provide the point service for Members.
Provide special news through “Kura News”, a newsletter issued by the Company.

8. Applying for the Membership

The person who wish to register as a Member shall apply for membership by following the procedures described below and other procedures directed by the Company.
The person should agree and accept these Terms and Conditions, then apply for the membership by the method specified by the Company.
Notify the name, age, address, phone number, fax number, email address and other necessary information for the membership to the Company by using registration form on our website or other methods.

9. Completion of Application

The membership registration procedure shall be completed with the Company consent to the application submitted by the applicant. However, please note that the Company may reject the application when it determines that the application is inappropriate.

10. Membership Card

  Membership card will be issued to each Member by the Company after the completion of membership application.
2 Members must not transfer or lend their membership card to a third party. In addition, the Members shall be liable for damages caused by insufficient management of the card, such as misuse, used by a third party, and the Company shall not be liable in any case.
3 Members shall immediately report the Company when his/ her membership card has been lost, stolen or used by a third party. In this case, Members should follow the Company’s directions when it is provided.

11. Changes in Notification Items

  Members shall notify the Company without delay when there is any change to the information provided to the Company at the time of membership application submitted.
2 The Company shall not be liable for any disadvantage cause by a Member failing to make changes as described in the previous paragraph.
3 Notifications from the Company are assumed to have arrived in a normal speed, even if the notifications from the Company do not arrive due to the Members’ failure to make changes in the membership information as described in the paragraph 1.

12. Notification Method

Unless otherwise specified, the Company will send notices to Members by phone, fax, email that are provided by the Members, or other methods that the Company deems appropriate.

13. Responsibility as a Member

  Members shall not use the Services provided by the Company for any fraud purposes or means.
2 Members shall not transfer or use the Member’s rights to a third party, or use them by buying or selling, changing the name, setting pledges or providing them as collateral.
3 Members shall properly manage the membership card and the email address provided at the time of membership registration.

14. Membership Suspension / Cancellation

The Company may suspend or revoke the membership without prior notice or notification to Members when a Member falls under any circumstance described below. However, even if the membership is suspended or revoked, the liability under these Terms and Conditions such as payment obligations caused by the use of the Services shall not be exempted.
When there is a false statement or notification to the Company.
When the membership status is illegally used or made to be used.
When the information provided by the Company is modified without the Company consent.
When the Services provided by the Company used for an illegal purpose.
When the operation of the Services is obstructed by any means.
When there is a suspension of bill or check, a petition for bankruptcy, civil rehabilitation, or corporate reorganization proceedings. Or when there is special liquidation, provisional seizure, or auction. When a Member receives a reminder for delinquent in taxes and public dues or maintenance seizure.
When a Member violates any of the provisions of these Terms and Conditions, or if the Company determines that a Member is not eligible to stay as a Member.

15. Cancellation of the Membership

  Members can cancel the membership by following the procedures prescribed by the Company. However, the Company will not refund the payment already received, or accumulated points.
2 The death of Member automatically withdraw / cancel the membership, and the membership card will no longer be effective.
3 Member cancellation under this section does not exempt Members from the debt they already have, Members are obligated to pay the debt properly.

Section 4. Miscellaneous Provisions

16. Privacy Policy

  The personal information provided by Members at the time of their order or membership registration is registered under the Company database as customer management information.
2 The Company uses the registered customer management information only for the purpose of operating the Company business.
3 The Company will not provide customer management information to a third party in an identifiable state except in the following cases.
1. When the consent of the Member is obtained.
2. When disclosure is required by law.
3. When it is required for shipping products or providing services for Members (including business consignment such as shipping).
4. When it is required for payment collection.
5. When there is a business consignment within the scope of purposes described in the previous paragraph.

17. Members’ Prohibited Actions

  Members are prohibited from the following acts when using the Services.
1. Use the Services for commercial purposes
2. Disturb the operation of the Services to harm the interest of the Company and / or a third party
3. Any other acts that the Company sees as inappropriate acts

18. Suspension or Termination of the Services

  The Company will suspend or terminate a part or all of the Services without notifying Members in advance, when the Company determines that it is difficult to provide the Services due to system maintenance, inspection, natural disaster / accident or any other reasons.
2 The Company shall not be liable for any disadvantage or damage Members or a third party suffer, in accordance with the descriptions in the previous paragraph.

19. Compensation for Damages

  The Company is able to claim appropriate damages against a Member when there is violation of these Terms and Conditions or damage caused to the Company due to a fraudulent activity.
2 If a Member causes damage to a third party by using the Services, the Member shall solve it at his / her own risk, and the Company shall not make any compensation and shall not be liable at all.
3 If a Member suffers damage due to the use of the Services, the scope of compensation for damage shall be limited to the scope of normal and direct damages actually incurred by the Member, and the scope of compensation shall be limited to the cost of the product which actually spent by the Member.

20. Settlement of Dispute

  When a dispute arises regarding matters that are not stipulated in these Terms and Conditions, both parties will discuss it in good faith and solve it as smoothly as possible.
2 These Terms and Conditions shall be governed by the Laws of Japan.
3 The Kobe District Court shall be the exclusive court of jurisdiction in the first instance for any dispute arises out of or in connection with these Terms and Conditions.
Established on April 1, 2016