ข้อกำหนดในการใช้บริการ

These Terms of Service (hereinafter referred to as "Terms") set forth the conditions for the use of the online shop and all related services (hereinafter referred to as the "Service") provided on this website by QRESTIA Inc. (hereinafter referred to as the "Company"). Registered users (hereinafter referred to as "Users") shall use the Service in accordance with these Terms.

IMPORTANT NOTICE FOR INTERNATIONAL BUYERS

Import duties, taxes, customs clearance fees, and other charges are not included in the item price or shipping cost. These charges are the buyer’s responsibility.

If the buyer refuses to pay customs duties or fails to cooperate with customs clearance, the order will be treated as a cancellation by the buyer.

In such cases, no refund may be issued, or any refund will be made only after deduction of all actual costs, including but not limited to shipping charges, return shipping, customs-related fees, payment processing fees, transfer fees, and other related expenses.

Please check your country’s customs regulations before placing an order.

Article 1 (Applicability)

1.1  These Terms shall apply to all matters relating to the use of the Service between the User and the Company.

1.2  In addition to these Terms, the Company may establish usage guides, shipping policies, return policies, product page notices, and other supplementary rules (hereinafter referred to as “Supplementary Rules”) regarding the Service.

1.3  Regardless of their title, such Supplementary Rules shall form an integral part of these Terms.

1.4  In the event of a conflict between the provisions of these Terms and any Supplementary Rules, the Supplementary Rules shall prevail unless otherwise specified.

Article 2 (User Registration)

2.1  Registration for the Service shall be completed when the applicant agrees to these Terms, submits a registration application in the manner prescribed by the Company, and the Company approves such application.

2.2  The Company may refuse to approve a registration application if any of the following apply, and shall have no obligation to disclose the reasons therefor:

(1) The applicant provided false information in the registration application;

(2) The application is from a person who has previously violated these Terms;

(3) There is evidence of fraudulent use, chargeback abuse, payment default, misuse of forwarding services, or other conduct the Company deems inappropriate;

(4) The Company otherwise determines that registration is not appropriate.

Article 3 (Management of User ID and Password)

3.1  Users shall properly manage their User ID and password for the Service at their own responsibility.

3.2  Under no circumstances may Users transfer, lend, or share their User ID or password with any third party.

3.3  When a login is made using a User ID and password combination that matches the registered information, the Company shall deem such use to have been made by the registered User.

3.4  The Company shall not be liable for any damage arising from inadequate management, misuse, or unauthorized third-party use of a User ID and password, except where the Company acted with intent or gross negligence.

Article 4 (Sales Contract)

4.1  A sales contract (or the contract specified in Article 4-2) shall be formed when the User submits a purchase order to the Company and the Company sends a notice of acceptance of such order.

4.2  Even after order confirmation, the Company may deny the formation of or cancel a contract for reasonable grounds, including but not limited to out-of-stock items, pricing errors, procurement unavailability, export or import restrictions, delivery impossibility, payment failure, or suspected fraudulent use.

4.3  Ownership of the products shall transfer to the User at the time the Company delivers the products to the shipping carrier.

4.4  All risks of loss, damage, delay, theft, or any other risk with respect to the products shall transfer to the User at the time the Company delivers the products to the shipping carrier, except where the Company acted with intent or gross negligence.

4.5  Any incidents arising during shipping—including accidents, delays, loss, customs holds, or other events attributable to the shipping carrier or customs authorities—shall be handled in accordance with the carrier’s terms of compensation and applicable laws.

Article 4-2 (Proxy Purchase and Personal Import)

4.2.1  For products that the Company does not hold in stock and procures in Japan based on the User’s individual request, a proxy purchase, purchasing agency, shipping support, or similar contract (hereinafter referred to as a “Proxy Purchase Contract”) shall be formed between the Company and the User.

4.2.2  For products under the preceding paragraph, the Company shall, based on the User’s request, perform domestic purchasing, receiving, inspection, packaging, shipping arrangements, export procedure support, and other ancillary tasks.

4.2.3  Products subject to a Proxy Purchase Contract include items intended for the Japanese domestic market or otherwise available within Japan. Such products may not be designed for use outside Japan, and the Company makes no warranty regarding overseas usability, installation, connectivity, regulatory compliance, certification compatibility, display language, or any related matters.

4.2.4  When receiving or using products subject to a Proxy Purchase Contract outside Japan, Users shall do so at their own responsibility and expense, including personal import procedures, import declarations, installation, use, and regulatory compliance.

4.2.5  Users shall independently verify the products’ compliance with safety standards, voltage specifications, plug types, radio regulations, medical device regulations, battery regulations, blade and tool regulations, customs regulations, and all other applicable laws and regulations of the country or destination of use.

4.2.6  The Company may not act as the seller for products subject to a Proxy Purchase Contract. Even in such cases, the Company shall provide the necessary support within the scope defined by these Terms.

Article 4-3 (Customs Duties, Import Regulations, Refusal of Delivery, etc.)

4.3.1  Users shall bear all costs associated with importation, including customs duties, value-added tax, consumption tax, customs clearance fees, storage fees, advance payment fees, carrier fees, and any other related charges.

4.3.2  If a User refuses to pay such costs or fails to respond to customs clearance requests from customs authorities, the carrier, or the Company, the products may not be delivered and may be returned, stored, disposed of, or confiscated.

4.3.3  In cases of refusal to pay customs duties, non-cooperation with customs clearance, refusal of delivery, or similar circumstances, the order shall be treated as a cancellation at the User’s convenience.

4.3.4  In such cases, the Company may not issue a refund. If a refund is issued, it shall be limited to the amount remaining after deduction of round-trip shipping costs, return shipping costs, customs-related fees, payment processing fees, remittance fees, foreign exchange losses, repackaging costs, administrative fees, and other actual expenses.

4.3.5  The foregoing provisions shall apply equally when products cannot clear customs due to import regulations, prohibited goods designation, lack of required permits, violations of destination country laws, customs authority decisions, or other circumstances attributable to the User or the destination.

4.3.6  The Company may, in connection with non-delivery caused by refusal to pay customs duties or non-cooperation with customs clearance, notify and file objections with payment processors, credit card companies, and other relevant parties, characterizing the non-delivery as the User’s failure to receive rather than non-delivery by the Company.

Article 4-4 (Returns, Exchanges, and Cancellations)

4.4.1  Returns, exchanges, and cancellations at the User’s convenience are not accepted unless the Company has expressly permitted otherwise.

4.4.2  Notwithstanding the foregoing, if a product has a significant initial defect, missing items, incorrect shipment, or a substantial non-conformity with the product description, the User may request a return, exchange, re-shipment, or refund by notifying the Company within 7 days of receiving the product, in accordance with the Company’s prescribed procedures.

4.4.3  The following cases are, in principle, excluded from returns, exchanges, or refunds:

(1) Incompatibility, size differences, voltage differences, or specification differences due to the User’s failure to verify;

(2) Inability to use due to customs duties, taxes, import restrictions, local certifications, local laws, or other destination-related factors;

(3) Refusal of delivery, prolonged absence, incomplete address, inability to contact, or non-cooperation with customs clearance by the User;

(4) Products that have been opened or used, except to the extent necessary to confirm initial defects;

(5) Products for which non-returnable, non-cancellable, or special conditions are stated on the product page, Supplementary Rules, or notices.

4.4.4  Even where the Company approves a return or refund, the refund amount may be reduced by the actual costs incurred, including round-trip shipping, return shipping, payment processing fees, remittance fees, foreign exchange losses, advanced customs duties, losses from inability to restock, and other actual expenses.

4.4.5  The cooling-off system under mail-order sales does not apply to the Service. Return conditions shall be governed by these Terms, Supplementary Rules, and the product page descriptions.

Article 5 (Intellectual Property Rights)

5.1  All copyrights, trademark rights, and other intellectual property rights in any content provided through the Service—including product photos, images, text, designs, logos, and programs (hereinafter referred to as “Content”)—belong to the Company or their legitimate rights holders.

5.2  Users shall not reproduce, reprint, modify, distribute, publicly transmit, adapt, or otherwise make secondary use of the Content beyond the scope of private use.

Article 6 (Prohibited Conduct)

Users shall not engage in any of the following conduct when using the Service:

(1) Acts that violate laws, regulations, or public order and morality;

(2) Acts related to criminal activity;

(3) Acts that infringe intellectual property rights relating to the Service or Content;

(4) Acts that infringe the rights or interests of the Company, other Users, manufacturers, carriers, or third parties;

(5) Acts that destroy, interfere with, or place excessive load on the Company’s servers or networks;

(6) Commercial use of information obtained through the Service without the Company’s consent;

(7) Unauthorized access or attempts thereof;

(8) Collection or accumulation of personal information of other Users;

(9) Impersonation of other Users;

(10) Fraudulent chargebacks, false claims, orders placed with the intent to refuse delivery, orders with concealed resale purposes, or other fraudulent acts relating to payment or delivery;

(11) Acts that directly or indirectly benefit anti-social forces;

(12) Any other conduct the Company deems inappropriate.

Article 7 (Suspension of Service)

7.1  The Company may suspend or interrupt the provision of all or part of the Service without prior notice to Users if any of the following apply:

(1) Maintenance or update of the computer systems related to the Service;

(2) Provision of the Service becomes difficult due to force majeure events, including earthquakes, lightning, fire, power outages, communication failures, natural disasters, pandemics, war, riots, or export/import restrictions;

(3) Computer or communication line failures due to accidents;

(4) Disruption or failure of carriers, payment processors, or external service providers;

(5) The Company otherwise determines that provision of the Service is difficult.

7.2  The Company shall not be liable for any damage incurred by Users due to suspension or interruption under this Article, except where the Company acted with intent or gross negligence.

Article 8 (Usage Restrictions and Deregistration)

8.1  The Company may, without prior notice, restrict all or part of a User’s use of the Service or deregister the User’s account if any of the following apply:

(1) The User has violated any provision of these Terms;

(2) It is discovered that the registered information contains false facts;

(3) The credit card or other payment method registered by the User is suspended;

(4) The User has failed to pay product costs, advanced customs duties, fees, or other payment obligations;

(5) The User fails to respond to communications from the Company within a reasonable period;

(6) There is suspicion of fraudulent orders, unauthorized access, chargeback abuse, or other fraudulent use;

(7) The Company otherwise determines that the User’s use of the Service is inappropriate.

8.2  The Company shall not be liable for any damage incurred by Users due to actions taken under this Article, except where the Company acted with intent or gross negligence.

Article 9 (Withdrawal)

Users may withdraw from the Service by following the Company’s prescribed withdrawal procedures.

Article 10 (Disclaimer of Warranties and Limitation of Liability)

10.1  The Company makes no warranties whatsoever with respect to the Service and products, including but not limited to completeness, accuracy, currency, usefulness, fitness for a particular purpose, non-infringement of third-party rights, or continuity.

10.2  Users shall, at their own responsibility and expense, investigate and confirm all necessary matters before purchase, including product specifications, standards, compatibility, voltage, size, material, installation conditions, usage methods, display language, and compliance with local laws and regulations.

10.3  For products with potential hazards or regulatory implications—such as blades, tools, power tools, battery products, heating products, cosmetics, and health-related products—Users shall use them in accordance with the enclosed instructions, product page descriptions, manufacturer labels, and other precautionary information.

10.4  The Company shall not be liable for any accidents, injuries, malfunctions, or damage caused by modification, misuse, improper installation, incorrect connection, combination with incompatible devices, violation of local laws, failure to follow instructions, or use outside the product’s intended design, except where the Company acted with intent or gross negligence.

10.5  If the Company is liable for damages to a User in connection with the Service, such liability shall, except where the Company acted with intent or gross negligence, be limited to the total amount of the product price and the Company’s designated shipping fee actually paid by the User for the relevant order.

10.6  This Article shall not apply to the extent restricted by the Consumer Contract Act or other applicable laws.

Article 11 (Changes to Service Content)

The Company may change, add to, or discontinue the content of the Service without notice to Users. The Company shall not be liable for any damage incurred by Users as a result thereof, except where the Company acted with intent or gross negligence.

Article 12 (Amendments to Terms of Service)

12.1  The Company may amend these Terms when there are reasonable grounds, including amendments to laws and regulations, changes to the Service content, or operational necessity.

12.2  When amending these Terms, the Company shall publicize the amended content and effective date by posting on this website or other appropriate means.

12.3  The amended Terms shall take effect from the effective date. If a User uses the Service after the effective date, the User shall be deemed to have consented to the amended Terms.

Article 13 (Handling of Personal Information)

The Company shall handle personal information obtained through the use of the Service appropriately in accordance with the Company’s Privacy Policy.

Article 14 (Notices and Communications)

14.1  Notices and communications between Users and the Company shall be made by email, postings on this website, app notifications, via the shipping carrier, or other methods prescribed by the Company.

14.2  Unless the User has submitted a change notification in the Company’s prescribed manner, the Company shall deem the registered contact information to be valid, and any notice sent to or displayed at such contact information shall be deemed to have been received.

Article 15 (Prohibition of Assignment of Rights and Obligations)

Users may not assign, transfer, or pledge as security their contractual status or any rights or obligations under these Terms to any third party without the prior written consent of the Company.

Article 16 (Governing Law and Jurisdiction)

16.1  These Terms shall be governed by and construed in accordance with the laws of Japan.

16.2  The United Nations Convention on Contracts for the International Sale of Goods shall not apply to the Service.

16.3  In the event of any dispute arising in connection with the Service, the Japanese court having jurisdiction over the location of the Company’s head office shall have exclusive jurisdiction as the court of first instance.

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