Terms of service
The purpose of this Terms and Conditions is to set forth the rights and obligation between Phoenix International Corporation (the “Company”) and any user (the “User”) regarding the use of the website entitled “Japanese Gift” (the “Website”) managed by the Company. This Terms and Condition shall apply to any use of the Website between the Company and any User. The User shall be deemed to have understood and agreed to this Terms and Conditions by its use of the Website.
The Company may amend or change all or any part of this Terms and Conditions for the purpose of improving the services rendered there-under (the “Services”) without prior notice.
“User” means anyone who views the Website or purchases goods through the Website.
4. Prices (Yen basis)
The price of the goods sold through the Website and shipping charges incurred therefor shall be paid in Japanese Yen.
The payment for the goods and shipping charges shall be effected through PayPal or credit card (Visa, Master Card or American Express) concurrently with the placement of the order. The prices and shipping charges may be amended and changed prospectively by the Company.
6. Shipping Charges (See also Shipment)
(1)Charges and Calculation
The User shall pay the shipping charges. The charges are estimated based on the packaged weight or dimensions of all of the goods the User orders, and the charges so estimated shall be added to the price of all such ordered goods at “Checkout” on the Website.
(2)Balance of Shipping Charge
In the event of any balance between the shipping charge actually incurred based on the actual packaged weight/dimensions and the estimate as referred to in paragraph (1) hereof, any such balance shall be adjusted* as follows;
-Overpay : The Company shall refund the balance to the User concurrently with the shipment of ordered goods.
-Underpay : The Company shall invoice the User for the balance. After confirming the payment of such balance by the User, the Company shall dispatch the goods.
* The adjustment shall be effected through the payment method (PayPal or credit card) which the User used for the purchase of relevant goods.
7. Order Confirmation and Shipment
The Company shall send an Order Confirmation via E-mail to the User stating the estimated shipping date within 5 working days after the placement of the corresponding order.
After sending the Order Confirmation E-mail and upon arrival of the goods from the manufacturer, the Company shall ship the goods to the User.
(3)Out of Stock / No longer in production
If any goods the User ordered is out of stock or no longer in production in the manufacturer or by any reason unavailable to the Company, the Company may cancel the order by notifying the User of such cancellation via E-mail.
If the goods can be appropriated but their delivery date is expected to be excessively prolonged, the Company shall withhold the payment by the User and confirm the User’s wishes as to whether it maintains or cancels the order by E-mail and follow such wishes.
(4)Method of Shipment
The User can choose a shipping option from the follows
via Japan Post and the User’s national carrier
(See also the Shipment );
8. Import duties
In the case import duties are imposed on the goods in the User’s country,
the User shall pay any such duties and receive the goods in its own responsibility.
The Company shall not be in any way responsible
for the payment of any such duties and receipt of the goods.
Only until the Company sends the Order Confirmation E-mail,
the User may cancel the order by notifying
via E-mail the Company of such cancellation.
10. Return / Exchange / Refund
The goods may not be returned or exchanged or refunded because of User’s personal preference. If the User receives wrong goods or defective goods, it shall inform the Company of the fact in accordance with the following manner.
The User shall contact the Company by e-mail attaching the pictures of wrong goods in order that the Company recognizes the goods the User received.
The User shall contact the Company by e-mail attaching the clearest possible pictures of the defective goods and give detailed explanation about the defectiveness of the goods. The Company shall determine whether the goods is defective based on the contact by the User.
In the case the Company accepts the goods to be wrong or defective, the Company shall re-ship the goods bearing the shipping charge, provided, however, the Company may, in lieu of the re-shipment, refund for such wrong or defective goods. In the case the Company refunds the User, the amount shall not exceed the amount of goods price and shipping charge. Unless the Company decides otherwise, the User shall return
the wrong or defective goods, which shipping cost shall be borne by the Company. In the case the goods shall be returned, the Company shall re-ship the goods or refund its price and shipping charge, as the case may be, after arrival of the returned goods.
11. Waiver and Limitations of Warranty
The Company shall not be liable for loss or damages arising from or in connection with the use of the Website which exceeds the amount of goods price and shipping charge unless such loss or damages is proved to have resulted from willful conduct or gross negligence on the part of the Company. The Company shall not assume any responsibility for loss of or damages to the goods, delay or non-fulfillment of shipping due to war, riots, labor disputes, epidemics, fire, floods, earthquakes, embargoes or other circumstances beyond the Company’s reasonable control.
The Company does not make any warranties, whether express, implied, statutory or otherwise, of merchantability or fitness for a particular purpose.
12. Risk of Loss
The title and risk of the goods shall pass to the User upon delivery of the goods to the shipping carrier which the User has chosen.
(1) Delivery arrangement
The Company shall, on behalf of the User, arrange the shipping carrier according to the User’s request at User’s cost. Although the Company shall be the shipper and the User shall be the consignee in the carriage contract as against the shipping carrier, the rights and duties regarding the carriage contract with the carrier shall be, as between the User and the Company, vested in the User.
(2) Damages in transit (Compensation from carrier)
If loss or damages are incurred by the User after the goods are delivered to the shipping carrier, the User shall be entitled to indemnity from the carrier only up to the limit set out in the terms and conditions of each carrier* (please refer to the “Shipment”). If the User claims the indemnity, it shall contact the Company immediately upon notice to the loss or damages. The Company shall, on behalf of the User, submit the claim to and collect it from the carrier. The User acknowledges and accepts that the proceedings of the indemnity and the amount of the indemnity shall be governed by and determined in
accordance with the terms and conditions of each carrier. If the Company receives an indemnity from the carrier, the Company shall refund it to the User through the PayPal or credit card by which the order was paid, provided, however, that in the case any charge is incurred for the refund to refund the User, any such charge shall be deducted from the refund amount of the indemnity.
* Indemnity is not applicable for the Small Packets option.
The User may not commit any of following acts. If the Company determines that the User is in breach of this Article, the Company may rescind the order and suspend the use of the Services by the User. In such event, the Company shall not be liable for any loss or damages incurred by the User arising from or in connection with any actions taken by the Company pursuant this Article 14.
(1) acts that violate any laws or regulations or that are associated with criminal activities;
(2) acts that defraud or threaten the Company;
(3) acts against public policy;
(4) acts that infringe any Intellectual Property rights, portrait rights, privacy rights, reputation or other rights or interest of the Company or other companies that take part in the service of the Website.
(5) acts to transmit to the Company through the Services, any of the following or any transmissions that the Company determines fall into any of the following:
(A) excessively violent or cruel content;
(B) computer viruses or other hazardous computer program;
(C) content that could deteriorate or adversely affect the reputation or the credit of the Company, other users of the Services or any other third parties;
(D) excessively indecent content;
(E) content that could encourage discrimination;
(F) content that could encourage suicide or self-mutilation;
(G) content that could encourage drug abuse;
(H) antisocial content;
(I) content for the purpose of disturbing information, such as chain mails;
(J) content that could cause uncomfortable feelings;
(6) acts that place an excessive burden on the network or system of the Services;
(7) acts that threaten to interrupt the operation of the Services;
(8) acts to access or attempt to access the system or network of the Service without authorization or in any other improper manner;
(9 ) acts to impersonate a third party;
(10) acts that adversely affect the interest of or cause damage or uncomfortable feelings to the Company, other users of the Service or any other third parties;
(11) acts to benefit any antisocial forces;
(12) acts to purchase the goods through the Website for other purposes than personal use (including but not limited to commercial purposes such as resale);
(13) other acts that the Company deems to be inappropriate;
16. Dispute & Lawsuit
If disputes or conflicts arise between the User and the Company, the two parties shall solve it by discussion in good faith, failing which such disputes or conflicts shall be submitted to the exclusive jurisdiction of the Kobe District Court in Japan in the first instance. This Terms and Conditions shall be governed by and construed in accordance with the laws of Japan, provided, however, that the United Nations Convention on
Contracts for the International Sale Goods is NOT applicable.
Please contact the following email address for any questions.