Agreement for Using Private Import
1. Assist Cosplay Shop is engaged in delivering wigs, shoes, accessories and magazines to our Users' designated addresses by using international Express Mail Service. We ask our Users to clearly understand that they are fully responsible for purchasing products directly from our shop.
2. Private Import means to import products for one's own use. If importing products for the purpose of sales or re-sales, it is considered a Commercial Import. If you are interested in a Commercial Import, please contact Our Company via e-mail. E-mail address of Our Company: firstname.lastname@example.org
3. We would like to ask our Users to read carefully the content prescribed on Our Company's website and in this Agreement before placing an order.
4. If you have any questions, we ask you to contact Our Company via e-mail in advance and clarify your understanding of the system before placing an order with our Company.
* This Agreement defines the following words as below:
[Our Company] refers to a general name that includes AKIBA Cosplay Market and its sales stores in Japan.
** [Users] refers to a general name of all those who use Our Company's services.
Article 2: (Description of the Services)
Our Company provides the following services: the services for purchasing Cosplay products and magazines.
Article 3: (The Users)
When any of the following cases apply to the Users, they are not able to use the services provided by Our Company:
(1) In case Our Company is not able to contact the Users via e-mail or telephone;
(2) In case the Users entered false or wrong information, or part of the information is missing at the time they place orders; and
(3) In case the Users might disturb or impair any services provided by Our Company.
Article 4: (Transactions & Placing an Order)
1. We ask the Users to place an order by considering the risks that might be involved in Private Import.
2. We ask the Users to place an order by understanding all of the following: difference of business customs between the country where they reside and the country where Our Company is located, the content of transactions, risks, the content of the services provided by Our Company and the content prescribed in this Agreement.
3. Any right generated through transactions with Our Company shall not be transferred to a third party or used as collateral.
Article 5: (Products for Private Import)
1. We ask the Users to take care of their own safety and assume responsibilities when using the imported product(s).
2. The imported product(s) shall be only for the Users' private use, and shall not be resold to another party.
3. There might be a case when an uploaded photo (image) on Our Company's website is different from the product(s) that is actually delivered.
4. There might be a case when the prices shown on Our Company's website are revised.
The prices offered at the time a User placed an order will apply to the order.
5. If any problem occurs when using the product(s) after it is imported, the responsibility shall be borne by the users themselves, and Our Company shall not be liable.
6. The warranty attached to the imported product(s) may not be always in effect in the countries where the Users use it.
7. The responsibilities for clearing Customs to import the product(s) and using the product(s) in their own countries shall be borne by the Users.
8. There might be a case when the customs in the country of destination will make their own judgment to stop the delivery. We ask the customers to understand that Our Company will contact the Users and cancel the orders in case the delivery becomes impossible,
9. Our Company will be able to deliver wigs, shoes, accessories and magazines overseas. Other products cannot be delivered to a destination outside Japan.
10. Cautions for Wigs:
(1) Wigs are made in free size up to 59 cm; should you feel a wig is too tight, please take it off immediately.
(2) Should you feel any abnormality on your body when wearing a wig, please take it off immediately.
(3) Please do not subject the product(s) to the use of a hair iron or hair dryer at a high temperature for an extended period of time.
(4) Please do not use an open flame on a wig as this may cause it to burn.
(5) Please do not place a wig into a microwave oven, washer or dryer to avoid mechanical troubles.
(6) Our Company shall not be liable for any damage when the Users take the prohibited actions.
11. Cautions for Shoes
(1) Should you feel any abnormality when you wear the shoes, please take them off immediately.
(2) When you wear the shoes, please be careful with your feet to avoid injury. When you have a photograph taken in an unstable place, such as staircase and slope, please be most careful with your footing to avoid injury.
(3) Some of the products handled by Our Company are made for the expressed purpose of taking photographs, and not made for running. Our Company shall not be liable for any injury or accident caused by such an action.
Article 6: (Our Company's Disclaimer)
1. Disclaimer regarding Our Company's services and transactions in general:
(1) Our Company shall not be liable for any damage or loss caused outside Our Company's control or by force majeure.
(2) Our Company shall not be liable for any damage or loss to the users themselves when they violate this Agreement.
(3) Our Company shall not be liable for any damage or loss generated in case Our Company is not able to respond to the users' requests or Our Company's notification is delayed beyond its operation hours or when it is closed over the weekends or on holidays.
(4) Our Company shall not be liable for compensating for any damage or loss that is not prescribed in the articles of this Agreement, including the users' lost profit, indirect damage, special damage, attorney's fees, etc.
2. Disclaimer Regarding Private Import:
(1) In case the users' selected products are judged as prohibited goods for import under an import tax law or other import-related laws and ordinances, the products might be confiscated and disposed by the customs. Our Company shall not be liable or responsible for such a case.
(2) Our Company will not be able to provide repair, maintenance or aftercare services for the imported products.
Article 7: (Transportation for Delivery)
1. There might be a case when delivery will be delayed due to the following reasons:
(1) Natural casualties, wars, strikes, busiest seasons during winter and summer vacations;
(2) Inevitable circumstances such as force majeure that make it impossible to continue the delivery; * Please refer to the Article 16: "Force Majeure".
(3) For any loss arising for the Users and the third parties due to delayed delivery caused by any reason, Our Company shall not be liable or responsible, and the Users shall not raise questions about the liability.
(4) As Our Company will use international transportation for deliveries of products, we'll not be able to designate the delivery date and time. Our Company will not be able to accept delivery to P.O.Boxes.
Article 8: (Customs Clearance)
1. When our Users receive the ordered product(s), there might be a case in which the customs may charge taxes (duty, tax, VAT) and the customs clearance handling fee may arise depending upon each country of destination. The taxes will be calculated on the product cost and delivery fee indicated on the attached invoice. We ask for the Users' clear understanding in advance that the invoice will show the original product cost even if they used a discount service or their accumulated points for payment. (Invoice: a document required when declaring items to the customs for export and import)
2. The invoice will show individual product cost and delivery fee for each category of the products. In case the delivery fee is not indicated in the invoice, the delivery fee expediently agreed between the local customs and delivery company will apply. The tax/duty calculation system varies in each county, therefore, we ask the Users to check the details with their local customs at their destinations.
3. The taxes and the customs clearance handling fee shall be borne by those who will receive the product(s). We ask the Users to make payment for the taxes and the customs clearance handling fee according to the laws and regulations in each country of destination.
Depending upon the country of destination, the customs clearance might be required on a private basis. The local delivery company might request you to submit a copy of your personal identification in such a case.
Article 9: (Indemnification for Product(s))
There might be a case when a package/outer box is deformed depending upon the way of transportation. We ask our Users to accept our apology for such a case as long as the enclosed content is not damaged and deformed.
Article 10: (Handling Fees)
1. The Users shall make payment for the cost specified by Our Company's services.
2. The following cost shall be borne by the Users in the actual amounts arising for each order:
(1) International transportation cost from Our Company's shop to the Users' countries;
(2) The customs clearance fee for import, import duty, consumption tax and the customs inspection fee for private import; and
(3) Any other particular expenses required until the product(s) will be delivered.
Article 11: (Payment Method and Payment Deadline)
1. We ask the Users to make payment by using credit cards. The credit card settlement handling fee shall be borne by Our Company.
2. Timing of the Payment:
The timing of the actual payment (out of your bank account) will be based on a rule specified by each credit card's settlement handling company.
Article 12: (Exchanging/Returning Products & Refund)
1. In case the delivered product(s) is different from what was ordered by a User due to Our Company's mistake at the time of processing the order, or the delivered product(s) is defective, the product(s) can be returned or exchanged. (The product(s) that will apply to the cases prescribed on the page, "About Exchanging/Returning Product(s)", will be considered defective. We ask our Customers to confirm the details on the page, "About Exchanging/Returning Product(s)".) Our Company will handle redelivery of the product(s) or proceed with a refund of the cost, including the cost of the product(s), in the way specified by Our Company.
2. When Our Company acknowledges that we should proceed with a refund, including a case in which the ordered product(s) is found unavailable in stock after the order placement is completed, Our Company will reimburse the cost of the product that could not be purchased due to an out-of-stock situation.
3. Our Company will reimburse the amounts to the customers as prescribed on the page, "About Exchanging/Returning Product(s)". We ask our Customers to confirm the details on the page, "About Exchanging/Returning Product(s)".)
4. Only when Our Company is notified in advance and accepts the delivered product(s) to be returnable/exchangeable, can the product(s) be returned/exchanged.
5. Our Company shall not proceed with exchange/return of the following product(s):
(1) The product(s) that was not purchased from AKIBA Cosplay Market, or more than 8 days have passed after the product(s) was delivered;
(2) The product(s) that is not sold within AKIBA Cosplay Market;
(3) The product(s) other than wigs and shoes;
(4) Given items as a gift or for sales promotion;
(5) The product(s) that is returned without an advance notification and cannot be accepted ;
(6) The returned product(s) is different from what was notified and accepted for return, or missing parts, or the product(s) is not enclosed;
(7) The product(s) that was once exchanged;
(8) The product(s) that was arranged by a User differently from the original product(s);
(9) The product(s) that was cut;
(10) The product(s) that was washed;
(11) The product(s) that was damaged;
(12) The product(s) that was stained;
(13) The product(s) that was bleached or dyed; and
(14) The product(s) officially certified by animation producers.
Article 13: (Prohibitions)
In case Our Company suffers from any damage and loss caused by a User's act against the content of this Agreement, Our Company shall be entitled to claim for the compensation of the damage and loss against the User.
The following acts or any other behaviors that may possibly relate to the following acts are prohibited:
1. An act in an attempt to fraudulently use any of the services provided by Our Company (hereinafter referred to "Our Company's Services);
2. An act that may ruin Our Company's or another third party's honor or credibility;
3. An act that may violate Our Company's or another third party's privacy;
4. An act that may tamper or delete Our Company's or another third party's information;
5. An act that may disturb Our Company's or another third party's operations;
6. An act in an attempt to use Our Company's Services by pretending to be another third party;
7. An act that may relate to a fraud or crime;
8. An act that may transmit, provide or recommend a harmful program such as computer virus;
9. An act that may violate laws, this Agreement or public order and standards of decency;
10. An act that may violate Our Company's or another third party's intellectual properties (including trademark right, copy right, design right and patent right), right of likeness, right of publicity and other rights; and
11. Other acts that Our Company considers inappropriate.
Article 14: (Privacy)
1. Our Company will obtain minimum information from the Users, only what is required to provide Our Company's Services.
2. The obtained personal information will be used only for providing Our Company's Services, and Our Company shall make utmost efforts to protect the Users' private information.
3. Our Company shall recognize that the Users' personal information should be cautiously handled under the philosophy of respecting the personalities of individuals, and shall keep it under strict control.
4. The personal information shall not be offered to a third party without each User's consent in advance except for the cases required by the Japanese laws.
Article 15: (Solutions for Problems)
In case a dispute arises regarding the issues that are not prescribed in this Agreement, both Our Company and the Users shall endeavor to solve the dispute in good faith.
Article 16: (Force Majeure)
Our Company shall not be liable or responsible in case delivery is delayed or delivery becomes impossible, or in case of any other non-fulfillment of the services related to this Agreement due to the following cases caused by "force majeure":
1. Earthquakes, flooding, fires, storms, and any other natural calamity and disaster;
2. Wars, invasions and military power;
3. Revolutions, rebellions and riots;
4. Strikes and other labor disputes;
5. Orders, regulations, directions or trade restrictions enforced by the governments of the importing countries;
6. Accidents or mechanical troubles of ships and airplanes; and
Article 17: (About this Agreement)
This Agreement can be optionally revised (with a change, addition, deletion and supplement) without an advance notice. After it is revised, the content of the updated Agreement shall become effective.
Article 18: (Governing Law and the Exclusively Agreed Court with Jurisdiction)
The governing law for this Agreement shall be the Japanese Law.
Concerning disputes arising between Our Company and the Users, the exclusively agreed court with jurisdiction for Our Company and the Users shall be: the first trial to be conducted by the Kobe District Court that governs the location of Our Company.