Terms of Use for Yoshitaka Amano Official Online Store

These Terms of Use (these “Terms of Use”) prescribe the conditions for the use of all services (the “Services”) provided on the website “Yoshitaka Amano Official Online Store” (the “Website”) administered by NTV Wands Inc. (the “Company”). When you use the Services, please read through the Privacy Policy and Cookie Policy posted on the Website as well as these Terms of Use.

Article 1 Definitions

1. “User” means all persons who use the Website.

2. “Contractor” means the affiliated company of the Company which provides products and information, etc. posted on the Website and operates and manages the systems used to perform the Services, products, and delivery.

Article 2 Application

1. These Terms of Use apply to the relationship between the Company and Users regarding the provision and use of the Services.

2. These Terms of Use apply to users who live in Japan and have an email address.

Article 3 Amendment of these Terms of Use

1. The Company may amend the contents of these Terms of Use.

2. If the Company amends these Terms of Use, it shall ensure that Users are made aware of the following in advance by any method prescribed in Article 11 (Contact Method) by the effective date of such amendment.

(1) Amendment to these Terms of Use

(2) Contents of amended Terms of Use

(3) Effective date

3. Notwithstanding the provision of the preceding paragraph, if these Terms of Use are amended under the following conditions, Users are deemed to have agreed to any content set out in the amended Terms of Use (however described; the same shall apply hereinafter) without obtaining the consent of Users, at the time of their use of the Services after the amendment of these Terms of Use becomes effective;

(1) if amendment of these Terms of Use conforms to the common interests of users; or

(2) if amendment of these Terms of Use is not against the purpose of agreement and is reasonable in light of the necessity of amendment, appropriateness of the amended contents, and other matters pertaining to amendment.

4. If any User does not agree to the amended Terms of Use, such User shall immediately stop its use of the Services and carry out withdrawal procedures.

Article 4 Online Shopping

1. A purchase agreement with a User regarding the products purchased through online shopping on the Website shall be formed between such User and the Company.

2. If the Company receives an order for products from a User, the Company shall send a confirmation e-mail for the order, and a purchase agreement of the products shall be deemed to be formed upon delivery of such confirmation e-mail.

3. If multiple Users order the same product with a limited amount of stock, such product will be available on a first come, first served basis.

Article 5 Management of Personal Information

The Company shall handle personal information of Users appropriately in accordance with the provisions of the Privacy Policy provided separately.

Article 6 Operation

The Company may amend, add, stop, or suspend the Services of the Website without any prior notice to Users.

Article 7 Suspension of Provision of Services

The Company may stop or suspend provision of all or part of the Services in the following cases:

(1) regular maintenance or emergency maintenance of the system for the Website;

(2) if a type 1 telecommunications carrier suspends telecommunication services;

(3) if the provision of the Services becomes difficult due to incidents such as fire, blackout, earthquake, flood, war, and disturbances, acts of God, or other reasons; and

(4) other cases where the Services need to be stopped temporarily due to force majeure.

Article 8 Prohibited Matters

In using the Website, Users shall not conduct the following activities in addition to the activities prohibited in the other provisions in these Terms of Use:

(1) any activity that violates, or is likely to violate, copyrights or other rights, privacy, or assets of other Users, any third party, or the Company or the Contractor;

(2) any activity that inconveniences, or is likely to inconvenience, other Users, any third party, or the Company or Contractor, or causes, or is likely to cause, disadvantage or damage to other Users, any third party, or the Company or the Contractor;

(3) any activity that is, or is likely to be, contrary to public order and morals, or violates, or is likely to violate, laws or ordinances or regulations;

(4) any activity that wrongfully uses e-mail addresses, passwords, or other personal information;

(5) any business activity, activity for commercial purposes, or activity for the purpose of preparation thereof, using the Website;

(6) any other activity that is likely to impede the operation of the Website or provision of the Services.

Article 9 Exemption of Liability

1. If a User is a corporation or a business operator, the Company shall not be liable for any damage arising from or connected with the Services, etc. incurred by users, unless such matters arise from willful misconduct or gross negligence of the Company or Contractor.

2. If a User is a corporation or a business operator, the Company and Contractor shall not be liable to compensate for loss of profit or other damage which occurs as a result of extraordinary circumstances with respect to willful or grossly negligent non-performance of obligations or tort committed by the Company or Contractor. The Company and Contractor shall only be liable to compensate a User to the extent of damage that would ordinarily arise, and up to the higher of the total amount paid by the User for the Services up to the month the damage in question arises, or ten thousand yen.

3. If a User is a consumer under the Consumer Contract Act, the Company shall not be liable to compensate for loss of profit or other damage which occurred as a result of extraordinary circumstances with respect to non-performance of obligations and tort due to negligence (excluding gross negligence) of the Company. The Company and Contractor shall be liable to compensate a User to the extent of damage that would ordinarily arise, and up to the higher of the total amount paid by the User for the Services up to the month the damage in question arises, or ten thousand yen.

4. The Company shall not be liable to compensate for loss of profit or other damage that occur as a result of extraordinary circumstances with respect to any damage arising from defects in a product. The Company shall be liable to compensate such User to the extent of damage that would ordinarily arise, and if such User is also a member paying membership fees, the extent shall be up to the total amount of fees for the Services such member has paid during the period commencing in the month such member obtained membership and ending on the month the damage in question arises. In addition, the Company shall be liable to compensate a user that is not a member paying membership fees for damage (i) up to the maximum amount for monthly subscription multiplied by the membership period of such User if the Services have any subscription plan and (ii) up to ten thousand yen if the Services do not have any subscription plan.

Article 10 Warranty

1. The Company and Contractor do not guarantee that the Services, products (including information about the products), or the Website (collectively, the “Services, Etc.”; the same shall apply hereinafter) are fit for the particular purpose of use of Users, are free of any defect or have a certain level of quality, accuracy, or usefulness.

2. The Company and Contractor do not guarantee that the information and services provided on the Website and information that Users obtain through the Website or e-mails, etc. sent from the Company or Contractor are secure, correct, reliable, valuable, current, valid, or ethical and that such information is not infected with any computer virus or that such information does not violate any right of a third party.

3. The Company and Contractor shall handle contact details registered, and any delivery address designated, by a User when an order is placed as contact details and the delivery address of the User, and if there is any change or error in such contact details or delivery address, the Company and Contractor shall not be liable for any damage arising from such change or error, etc. except when the User has notified the Company and Contractor about such changes.

Article 11 Contact Method

1. If a User needs to contact the Company or Contractor, such User shall do so using the e-mail address for inquiries (info@newbook.co.jp).

2. If the Company or Contractor needs to contact a User, the Company or Contractor shall use e-mail in principle, and use telephone or postal service only when it is necessary.

Article 12 Order

1. A User may not cancel or change ordered products at the User’s convenience.

2. Some products cannot be purchased even if they are displayed on the Website, for example, if they are sold out.

Article 13 Special Provision Regarding Purchases and Returns, Etc. of the Products

1. If there is any breakage, soilage, shortfall in the quantity of the products, or other non-conformity with the contents of agreements (“Non-Conformity”) in the product, the User who found such Non-Conformity may, only when such user contacts the Company through the contact details stated in Article 11 (Contact Method) within one year from the time such User found the Non-Conformity, request the Company to repair or exchange the product or other performance, reduce the charge, or compensate for damage, or the User may cancel the purchase agreement, unless such Non-Conformity is attributable to the User. The Company shall bear delivery charges for returns or the like.

2. Notwithstanding the preceding paragraph, some products with a limited amount of stock may not be exchanged. Users shall agree in advance that in that case such products shall be returned. (With respect to the products with a limited amount of stock, the same shall apply hereinafter.)

3. The Company shall, after receiving the product returned from a User pursuant to the provision of paragraph 1 of this Article, give a refund for return or reship for exchange without delay. The Company shall give notice to the User by e-mail when a refund or reshipment procedures of products are completed. Users shall agree in advance that the Company may confirm User’s financial institution account depending on the payment method used when the product is purchased. (With respect to the case that charges are refunded, the same shall apply hereinafter.)

4. Where a User refuses to receive the product or cannot receive the product due to a long-term absence (“Refusal of Receipt, Etc.”), the response shall be as follows.

(1) If the product is returned to the forwarding company contracted with the Company due to Refusal of Receipt, Etc., the User shall request the forwarding company to redeliver the product by the method stated in the absence communication slip or other methods within the period designated by the forwarding company.

(2) If the product is returned due to exceedance of the redelivery period prescribed in the preceding paragraph, the Company or a subcontractor shall send an e-mail to the User to give guidance regarding redelivery. If the User does not contact the Company within three months from the delivery of the e-mail, the Company will deem the order of the product to be canceled.

5. The refund due to cancellation as a result of Refusal of Receipt, Etc. is as follows.

(1) In the case of credit card payment or electronic payment

The Company shall refund only the price of the products after deducting delivery charges and commissions by bank transfer. The amount of refund from the Company to the User shall accrue no interest.

(2) In the case of cash on delivery

The Company shall not refund or charge any amount of money.

6. Please note that if a User makes any Refusal of Receipt, Etc. without due reason, the Company may take necessary measures, including rejection of further Applications or legal actions.

Article 14 Governing Law

The laws of Japan shall govern the establishment, validity, performance, and interpretation of this Agreement as long as it is permitted under applicable law.

Article 15 Resolution of Disputes

The Tokyo District Court has the exclusive jurisdiction as the court of first instance with respect to any dispute arising in relation to these Terms of Use regardless of the value of the matter in dispute as long as it is permitted under applicable law.

Date of establishment and enforcement
June 1st, 2022