Thank you for visiting the TAKUMI-WORKS.com website operated by Newmark.inc (the “Website”).
Before placing an order on the Website, you are requested to make your account according to the instructions on the Website.
Since you are responsible for your account and password and all transactions using such account and password,
please keep your account and password strictly confidential. We are not responsible for any improper use of your account or
password by any third party.
If you are under 20 years old, you may make an account only with the consent from the person who has parental authority or is a legal guardian.
FORMATION OF PURCHASE AGREEMENT
If you place an order for a product on the Website, such order is an offer to purchase the product sold on the Website.
No cancellation of the order is accepted after you place an order for a product on the Website.The Website
(i)will send you an “order confirmation” e-mail upon receipt of your order and
(ii)will send you a “shipment confirmation” e-mail upon dispatch of product(s).
Your offer to purchase the product(s) is accepted and a purchase agreement is formed when the Website sends you a (ii) “shipment confirmation” e-mail. The Website may send you a “cancellation e-mail” indicating that your order is cancelled, if any of the circumstances set forth below occurs, regardless of whether an “order confirmation” email has been sent to you. Your order will be deemed cancelled upon the transmission of “cancellation e-mail” from the Website to you.
(a) The product(s) you ordered is not available or out of stock due to any unforeseen circumstances and which is not expected to become available in the future;
(b) It becomes clear that the information you provided to the Website is inaccurate;
(c) We reasonably determine that you plan to resell the product(s) to a third party;
(e) We reasonably determine that it is appropriate to cancel your order.
In the event the Website sends you a “cancellation e-mail” after you made a payment for the product(s), the Website will promptly carry out the refund procedure via PayPal online payment system (“PayPal”).
TRANSFER OF TITLE
Title for the product(s) which you have purchased on the Website will be transferred to you at the time when a “shipment confirmation”
e-mail is sent to you which is also the time when a purchase agreement is formed.
Except for items provided in “RETURN AND REFUND,” we will not be responsible for any loss, malfunction, damage or any other harm to the product(s) arising after the transfer of title for the product(s).
You are requested to make a payment for the product(s) in advance via PayPal.
RETURN AND REFUND
The Website will accept the return or exchange of the product in which any defect (i.e. any malfunction or damage,
etc. which existed from the beginning or which occurred during shipment) is found upon request from you as long as such product
is returned to us (at our cost) within 10 days from the date of its arrival to you.
In case of return of any product due to any reason attributable to you, return of such product is accepted only if such product is unopened and unused and is returned (at your cost) within 10 days from the date of its arrival to you.
The Website will not accept the exchange of any product due to any reason attributable to you.
In case of return of any product, the amount which you paid to us will be refunded to you via PayPal (provided that the amount of shipping fee will be deducted in case the product is returned for any reason attributable to you), but no interest will accrue with respect to the amount to be refunded by us.
Please promptly check the product(s) upon its arrival since we do not accept any return or exchange of product after the expiration of return period.
The products will be sold in USD only.
In the product description provided in our PRODUCTS webpage, (the “PRODUCTS Page”), the sale price of each product (or for each color or pattern used in the product in case of any product for which the sale price varies by its color or pattern) is indicated in USD.
No consumption tax will be charged in case of overseas shipments.
Sales price is converted from fixed Japanese yen to U.S. dollar using the currency exchange rate of Yahoo Finance automatically.
There may be cases where tariff, import duties or other tax or customs fee, etc. (“Tariff, etc.”)
is imposed depending on the country to which the shipment is made.
The recipient of the product(s) will be responsible for the payment of Tariff, etc.
Further, the recipient of the product(s), as an importer under the customs clearance procedure, will be responsible for complying with all applicable laws.
ALL INFORMATION, CONTENTS AND MATERIALS INCLUDED IN THE WEBSITE AND PRODUCTS AND SERVICES SOLD OR PROVIDED
ON THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING.
SINCE WE MAKE NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, THAT THE PRODUCT(S) ARE APPROPRIATE OR AUTHORIZED FOR USE IN ANY COUNTRIES OTHER THAN JAPAN, IN CASE THE RECIPIENT OF THE PRODUCT(S) WILL BE USING THE PRODUCT(S) IN ANY COUNTRY OTHER THAN JAPAN, PLEASE USE IT AT THE RECIPIENT’S OWN RISK.
USE OF WEBSITE
YOU SHALL USE THE WEBSITE AT YOUR OWN RISK AND WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE WEBSITE.
WE DO NOT WARRANT THAT E-MAILS SENT TO YOU FROM THE WEBSITE OR RELEVANT SERVER ARE HARMLESS AND FREE OF VIRUS.
WE WILL NOT BE LIABLE FOR ANY DAMAGES INCURRED BY YOU FROM ANY KIND FROM INTERRUPTION, DELAY OR DISCONTINUATION OF SYSTEMS OR MISSING DATA DUE TO FAILURE OF COMMUNICATION LINES OR COMPUTERS OR DUE TO UNAUTHORIZED ACCESS TO THE DATA.
LIMITATIONS OF LIABILITY
IF ANY PRODUCT CAUSES YOU TO SUFFER ANY DAMAGE AND/OR LOSS AND SUCH DAMAGE AND/OR LOSS ARE ATTRIBUTABLE TO OUR INTENTIONAL MISCONDUCT OR NEGLIGENCE, WE WILL BE LIABLE UP TO THE AMOUNT EQUIVALENT TO THE SALE PRICE OF THE PRODUCT.
SALE OF PRODUCTS OR PROVISION OF SERVICES BY THIRD PARTY
A third party may sell products or provide services to you via the Website.
In such case, we are only responsible for providing a “Platform” for the transactions and are not responsible for the products, services or the contents on the website provided by such third party.
You are prohibited from conducting the following acts:
•Infringement of intellectual rights or any other rights or interests of the Website, us, users of the Website or any other third parties relating to the Website;
•Defamation of the Website, us, users of the Website or any other third parties relating to the Website;
•Any wrongful acts, including placement of orders without intention to make payments,
resale of the products to a third party, use of the Website through unauthorized use of third party’s identity and provision of false information to the Website; or
•Violation of any laws applicable to you.
All contents included in the Website, including, but not limited to, information, logos, images, illustrations,
graphics, audio and video clips, flash animation and text are our properties or properties of its content suppliers
and protected by the Copyright Law of Japan and any other applicable laws.
By transmitting to or posting the contents on the Website, you will be deemed to have granted us with a non-exclusive, royalty-free and perpetual right to copy, reproduce, adapt, translate and publish such contents, unless otherwise prescribed in the Website. The Website also has rights to edit such contents at its sole discretion.
At the time of your transmission or posting of contents on the Website, you represent and warrant to us that you have the copyright to such contents and such contents do not infringe on the rights of any third parties.
TERMINATION OF SERVICES
(i) may change, suspend or discontinue all or part of Website and Services,
(ii) may impose limits on features of Website and Services which are normally available to you and
(iii) may restrict your access to all or part of the Website, at its sole discretion without notice.
The Website is not liable for any damages incurred by you arising from such decisions.
The Takamatsu Local Court shall be the court of first instance having exclusive jurisdiction over any disputes arising from the Website and any transactions based on the Website.
3371-2 Showa Sanuki-shi Kagawa, Japan Zip 769-2304.
TEL : +81(0)879-24-9990
Questions: Please e-mail us at:email@example.com.