GENERAL TERMS AND CONDITIONS OF SALE

Latest update : February, 12 2021

PREAMBLE

These General Terms and Conditions of Sale (hereinafter referred to as "Terms and Conditions") apply to the sale of the products on the https://hellojapan.shop/en/ website and define the rights and obligations of the seller and the customer in the context of the online sale.

For reasons of understanding, we use the abbreviation "HJ" to cite the site https://hellojapan.shop/en/ below.

Your continued use of our site (https://hellojapan.shop/en/) constitutes your full acceptance of the following terms and conditions of sale. The buyer acknowledges having accepted the GTCS before placing an order. The fact of placing an order entails the full, immediate and unreserved adhesion by the buyer of the GTCS in force at the time of placing the order. 

The current version of these General Terms and Conditions is the only valid version:

The GTCS shall prevail over any other document issued by HJ or any other general conditions of purchase.

HJ reserves the right to waive certain terms of this Agreement or to establish specific terms and conditions of sale based on the purchasers. Such derogations shall give rise to the establishment of specific conditions of sale, which shall be the subject of an express, written and prior agreement between the seller and the buyer.

HJ reserves the right to change these Terms at any time and agrees to inform its customers of any change, by email, mail or notification on the Site. If the Customer does not place a reservation on the changes within a period of thirty (30) days, they shall be deemed to be accepted by the Customer.

DEFINITIONS

In these Terms, the following terms are understood as follows:

 

  • “Customer” means any natural person who acts for purposes that do not fall within the scope of his commercial, industrial, artisanal, liberal or agricultural activity, placing an order on the Site;

  • “Terms” means these Terms and Conditions of Sale;

  • “Product” means the products of the sellers offered for sale on the Site;

  • “Services” means all IT services, functionalities and applications accessible on the Site and provided by the Company to Customers;

  • “Site” means the website https://hellojapan.shop/en/ or any other website operated by the Company and made available as part of the Services;

  • Company refers to the company BMEDIA K.K. headquartered 1-1-30 Sakuragawa, Naniwa-ku, Osaka 556-0022, Japan

The Company or the Customer may be referred to individually as the “Party” and collectively as the “Parties” hereunder.

1. THE CUSTOMER

Under the terms of this agreement, the “Customer” means any natural person who acts for purposes that do not fall within the scope of his commercial, industrial, craft, liberal or agricultural activity, placing an order on the Site.

HJ may be intended to sell to professionals. If applicable, the professional must send a message via the contact page https://hellojapan.shop/en/contact-us

2. PRODUCTS OFFERED FOR SALE

The products offered for sale are those listed on our website https://hellojapan.shop/en/. Each product has a product information sheet, indicating the price, stocks, product reference and brand name, description and essential characteristics of the product. 

Driven by the constant desire to offer you the utmost precision in the details of the products, we reserve the right to update or modify the content to always bring you the best quality.

The list of products indicated on the site may change according to the stocks of our dealers. The photographs accompanying the products are provided for information purposes only and have no contractual value. The photographs in the catalogue are the most faithful possible but cannot guarantee a perfect similarity with the proposed article, especially as regards the colors.

3. PLACE AN ORDER

The HJ website and advertising is only an invitation. The order of goods (online or otherwise) constitutes an offer to purchase from the customer in accordance with these general conditions. The contract takes effect upon confirmation of payment. To place an order, the customer is asked to follow these steps: 

1. Create your shopping cart

The Customer must add to his cart the products he wishes to acquire. The prices displayed in his cart are indicated in euros €, US dollar, AU dollar and British pound taking into account the VAT applicable on the day of the order, any change of the rate will be reflected on the price of the items all taxes included.

2. Creating a customer account

It is preferable for a user to create his customer account before placing an order. This feature allows our customer service to better track deliveries. When creating its customer account, the Customer will be assigned login credentials (username and password chosen by the latter). These identifiers are strictly confidential and should not be disclosed to third parties. The protection of these identifiers is the responsibility of the Customer and the responsibility of HJ may not be sought under any circumstances in case of theft of these identifiers by a third party or impersonation of a customer.

If the customer wishes to change their credentials or if they suspect fraudulent use of their credentials, they should contact HJ Customer Service immediately via the contact form.

3. Terms of delivery

The Customer must then provide their identity and delivery details. The Customer must inform the seller without delay of any modification of his data that may have an impact on the delivery of his order or on the billing of his order.

4. Validation 

Before making the payment, the customer must accept these GTCS by ticking the box provided for this purpose. This validation implies the acceptance of the entire GTCS. Any order made by the customer constitutes acceptance of the prices and descriptions of the products purchased. The contract takes effect upon confirmation of payment. HJ retains ownership of the products until they are paid in full. Following the payment, the customer will receive a summary email of his order.

In case of partial availability of the products of the order, the Customer will have the choice either:

  • Confirm the maintenance of his order for the available items;
  • Replace the missing products with similar products offered by the seller; 

Our products are offered within the limits of available stocks. If an item is out of stock, we reserve the right not to guarantee delivery of your order and we undertake to inform you as soon as possible. However, should a product be withdrawn for any reason through production, HJ will withdraw the product as soon as possible. Under no circumstances may this action give you a right of action in your favour. In the event of a dispute regarding the payment of a previous order, HJ reserves the right to block your order. You can then contact HJ customer service to resolve the dispute and unblock your new order.

4. ORDER PREPARATION AND CONTROL

  • Lead times for preparation

Normally, an order is prepared in 5 working days. However, order preparation can take up to 10 days in the event of replenishment issues due to delays for popular items, pre-order items or related to exceptional events such as COVID-19 or in busy times like Christmas and Christmas holidays.

  • Pre-orders

In some cases, the official release date for pre-order items may change. This is entirely the responsibility of the manufacturer. If you place a pre-order as well as an order for an item in stock, your items will be shipped in the same package after the official release of the pre-order item. If you wish to cancel your pre-order, a 30% cancellation fee will be charged.  

In case you have ordered products in stock and pre-orders, your order will be sent in full after the pre-orders are released, for logistic reasons.

  • Inventory

The inventory status is updated regularly. However, there may be discrepancies between the physical and accounting inventory. This also applies to items in stock on the site. The item may already be sold out. In this case, a notification will be sent within 48 hours of purchase.

  • Errors and omissions

HJ will promptly inform the Buyer of any error or omission discovered and will provide the Buyer with options to resolve this dispute.

  • Fraud Prevention

HJ reserves the right to perform controls on orders placed by customers, in order to meet its obligations with regard to fraud prevention and money laundering. HJ may require the Customer to provide any documentation to attest to the reality of the Customer’s identity and domiciliation. As part of a control carried out by HJ, no order will be processed without receipt of the parts requested by HJ to the Customer. HJ reserves the right to cancel its order if the customer does not reply or provide the requested parts. He will then refund the sums paid by the Customer within thirty (30) days from the notification of refusal to process the order. 

5. PRICE AND TERMS OF PAYEMENT

  • Prices

The prices of our products are indicated in Euros, US Dollar, AU Dollar and Pound Sterling taking into account the VAT applicable on the day of the order, any change of the rate will be reflected on the price of the items. HJ reserves the right to change its prices at any time, except that the price shown in the catalogue on the day of the order will be the only one applicable to the Customer. All prices are subject to obvious typographical error. If a manifest error should occur, HJ will contact you to notify you of the error made by its services and remind you that the order will be billed under the corrected terms. However, in case of refusal of the corrected conditions, you will be free to cancel the corrected order without penalty.

  • Sales

Temporary promotions can be found on https://hellojapan.shop/en/ and on the Affected Products Sheet, including the dates the discount applies. Discounts and promotions cannot be combined and are only applicable once per household.  

  • Payement

Any order placing implies payment by the Customer. The customer can make his purchases on the Internet:

- by international credit card through Stripe

We use one of the most reliable security systems on the Internet: SSL (Secure Socket Layers), to protect and encrypt all your personal information as efficiently as possible
As part of the fight against fraud, we have implemented the 3D Secure payment authentication system. This service is free and can be triggered for your credit card, Visa and MasterCard payments.
With 3D Secure (or Verified by Visa or MasterCard SecureCode), your bank verifies your identity at the time of payment. As the identification process is specific to each bank, please check with your bank for the authentication process used.

- by PayPal

Paypal allows you to pay online without disclosing your financial information during the transaction.
To benefit from this payment method, you must have an account with Paypal. By choosing Paypal as your payment method, you are automatically directed to your Paypal account.
Once your Paypal payment has been validated, you can complete your order at https://hellojapan.shop/en/. Please note that the debit via Paypal is made upon confirmation of your order by us.

6. DELIVERY

  • Delivery rates

Shipping costs include preparation and packaging costs as well as shipping costs. Preparation costs are fixed, while transport costs vary depending on the total weight of the package. We recommend that you group all your items in one order. We cannot group two separate orders together and shipping charges apply to each order. Your package is shipped at your own risk, but special attention is paid to fragile objects. Box sizes are appropriate and your items are properly protected.

  • Shipment of the order

HJ is intended for sale worldwide.
Delivery is only made after receipt of payment in full. The seller shall deliver the products within the time limits indicated at the time of placing the order. Delivery is made at the seller’s risk. The customer will be notified by email of the shipment of his order, indicating, if necessary and depending on the mode of delivery chosen, the tools for tracking his delivery.
HJ is intended for sale worldwide. Delivery is only made after receipt of payment in full. The seller shall deliver the products within the time limits indicated at the time of placing the order. Delivery is made at the seller’s risk. The customer will be notified by email of the shipment of his order, indicating, if necessary and depending on the mode of delivery chosen, the tools for tracking his delivery.

  • Delivery time

HJ is NOT a delivery company and uses the shipping services of other companiesRegardless of your shipping choice, a link to track your package online will be provided to the customer systematically. Delivery times vary depending on the delivery method chosen by the customer (Japan Post, EMS, DHL, DHL Express).

  • Japan Post : de 15-20 days.
  • EMS EXPRESS : de 7-15 days.
  • DHL EXPRESS : 4-5 days.

The shipping times announced are the processing times of the order plus the shipping time. As the preparation time of 5 working days, can be exceptionally extended the delivery time: 

  • Due to the COVID-19 outbreak, impacting deliveries; 
  • In summer periods and large crowds; 
  • On public holidays;
  • In case of force majeure. 

In the event of a delay due to a force majeure event or any other event mentioned above extending the delivery, the liability of HJ may not be sought and no claim of any kind may be claimed by the Customer. 

HJ undertakes to deliver the goods within a maximum of 30 days after validation of the order.

If the deadline is not met for any reason, please contact our customer service.

  • Receiving the order

Orders are delivered to the address indicated by the customer at the time of placing the order. Any order returned to the seller due to an error in the delivery address will be redirected at the customer’s expense.

  • Package damaged or lost in transit

Upon receipt of his order, the Customer must check the conformity of the products received with the carrier. In case of damaged or damaged packages, or missing products, the customer must specify this on the delivery slip of the carrier on the same day of receipt of the order.

If the package has been torn or opened, the customer must check the condition of the products. If they have been damaged, the customer must refuse the package and note a reservation on the delivery slip indicating any discrepancies concerning the delivery. Although no liability for damaged or lost goods during transport is accepted by the seller, the details of any claim must be communicated to the seller. This verification is considered to be carried out by the Customer when the latter, or a third party authorised by him for this purpose, has signed the delivery note. In case of lack of conformity or hidden defect noted by the customer at the time of delivery of his order, the latter must contact as soon as possible with the customer service of the seller, indicating his order number and invoice, its identity and description of the non-compliance. The transfer to the customer of the risks of loss and deterioration of the products will be carried out as soon as the said products are delivered and received. If a package is lost, the Customer – who would not have received the package – must contact HJ customer service. The customer will be kept informed of the further processing of his order.

  • Customs

Les droits, taxes et frais ne sont pas inclus dans le prix ni même dans les frais d'expédition de la commande. Les frais de douanes dépendent des règles de chaque pays et ils sont à la charge du client dans le cas où cela arrive.

7. WARRANTY

The seller does not provide its customers with any additional warranty other than the legal guarantees of conformity and hidden defect. The Customer is requested to notify the seller of any damaged packages, products missing or damaged or non-compliant with the order and this within 24 hours from the reception of his order. Any claim made in excess of this period cannot be accepted. If the quality, quantity and conformity of the goods does not correspond to your order, please contact us via the contact form.

The exchange will only be possible under the following conditions:

  • Product in its original packaging;
  • Product not deteriorated;
  • Product not used and not used;
  • Attached purchase invoice (or copy in case of partial return);
  • Delivery note

The product should only be used for its main use.
In case of misuse or misuse, no warranty will be due. HJ cannot be held liable for damage or accidents caused by the distributed products.

8. ORDER CANCELLATION

The cancellation fee will be 30% on pre-orders, as we order products according to pre-orders, and 10% on products in stock.

Too much abuse in the past has forced us to be stricter so we don’t end up with thousands of unsold products, especially in a difficult environment since COVID-19.

If you wish to cancel your order, you will be refunded by bank transfer, shipping costs are not refunded. Please note that the use of PayPal implies a commission on your purchase, which will not be refunded either. 

9. WITHDRAWAL OF ORDER

The individual Customer has a period of fourteen (14) days from receipt of the Product to exercise his right of withdrawal, for any reason whatsoever, in order to obtain the refund of the Products purchased.

To facilitate the management of your return and for a better service, we advise you to send us your request for withdrawal to our customer service via the contact form. Each request for withdrawal will be analyzed by our team. HJ reserves the right to cancel or confirm such withdrawal.

Each product sheet indicates which product(s) is covered by the right of withdrawal exemptions. 

Returns are to be made exclusively with the seller concerned under the following conditions:

  • Product in its original packaging;
  • Product not deteriorated;
  • Product not used
  • Attached purchase invoice (or copy in case of partial return);
  • Delivery note

Items damaged, soiled or damaged by the customer will not be taken back. The return fee will be borne by the customer. Any risk related to the return of the products is borne by the customer. The products must be returned – by the carrier of the customer’s choice – to the address of the seller’s head office, indicated on the invoice.

The product or products must be returned to our logistics address: Hello Japan, 1-1-30 Sakuragawa, Naniwa-ku, Osaka 556-0022, Japan

The customer will be reimbursed for the amounts paid – minus the refund of the return transport costs – by transfer to his credit card, within fourteen (14) days from the receipt of his request to exercise his right of withdrawal.

10. FORCE MAJEURE

HJ nor the Customer shall be liable for their delay or failure to perform their contractual obligations if such delay or failure is due to the occurrence of an event beyond their control (lack of stock or unavailability of the product, disruption or total or partial strike, in particular of means of transport and/or communications, in case of flooding or fire or natural disaster) or of a case of force majeure, which could not be reasonably foreseen at the time of placing an order and whose effects cannot be avoided by appropriate measures.

In the event of the occurrence of such a case of force majeure, the execution of these GTCS will be suspended until disappearance, extinction or cessation of the case of force majeure. However, if the case of force majeure continues beyond a period of thirty (30) days, the customer and the seller must approach each other in order to discuss a possible modification of the order.  

The deadlines set out in these Terms and Conditions will be automatically deferred according to the duration of the force majeure event. Hyperlinks may link to sites other than the HJ site. HJ disclaims all liability in the event that the content of these sites violates the legal and regulatory provisions in force. Likewise, HJ is not responsible for any malfunctions of the Internet.

11. INTELLECTUAL PROPERTY

The general structure of the HJ site, as well as the texts, photos, images, illustrations, sounds and videos that compose it, are the property of HJ. You are free to download the content offered on the site for non-commercial and personal use only, you may not modify or remove any copyright, trademark or other proprietary trademark.

You may not copy, reproduce, republish, download, display, transmit or otherwise distribute the content of this site, including photographs, texts, illustrations, music and videos for commercial purposes, without the prior written permission of HJ.

Any representation and/or reproduction and/or partial or total use of this site, by any means whatsoever, without the prior written permission of HJ is strictly prohibited and may constitute infringement.

12. MISCELLANEOUS CLAUSES

Severability: If one or more stipulations of these General Terms and Conditions are held to be invalid or declared null and void pursuant to a law or regulation or following a court decision authorizing res judicata, this does not call into question the other clauses of the GTCS. 

Non-renunciation: The fact that the seller or the Customer did not avail themselves of a breach by the other party to one of the obligations referred to in these C.G.V will not be interpreted for the future as a waiver of the obligation in question. 

Partial nullity: In case of contradiction between a stipulation of the GTCS and any law, law, order, regulation, judicial order or collective agreement, present or future, these will prevail, provided that the stipulation herein so affected is limited only to the extent necessary and no other stipulation is affected. 

13. REFERENCING OF OFFERS

The products offered for sale on our MarketPlace must comply with the following conditions:

  • All products are new and are not stolen goods;
  • They do not contravene the regulations in force;
  • They are neither discriminatory nor inciting violence, racial, religious or ethnic hatred;
  • They do not pose a danger to health, safety or the environment and do not undermine morality.

14. PRODUCTS EVALUATION

HJ offers on its website the possibility for customers to rate products and sellers and post a review. HJ reserves the right to remove any unjustified notices, inciting hatred or violence towards the seller and violating these GTCS or the terms and conditions of use of our MarketPlace. 

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