(Effective) Date: November 1, 2020
This Website ("Website") is owned and edited by NIWAKA Corporation, a corporation located in Kyoto, Japan, and organized under the laws of Japan ("NIWAKA").
1. Use of the Website
Please read these Terms carefully before making a purchase. By selecting an item for purchase, you expressly acknowledge you are aware of and have had access to the Terms. By making a purchase, you signify your assent and agreement to these Terms. If you do not agree to these Terms, you are not authorized to make a purchase using this Website.
2. Use of Materials on This Website
All content on this Website (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof, hereinafter referred to as "the Content") is the exclusive property of and owned by NIWAKA and is protected by copyright, trademark, and other applicable laws. You may access and view the Content for purposes of reviewing our products and/or making a purchase. However, you may not use the Content in any manner that conflicts with or violates NIWAKA's copyright, trademark, or other rights with respect to the Content.
For any purchases made through the Website, you agree to pay the full purchase price at the time of placing your order. Once your item(s) have been completed and is ready for shipping, your item(s) will be shipped via FedEx International Priority delivery service to the shipping address provided by you at the time of your order. You agree that NIWAKA's sole responsibility with respect to shipping is to deliver your items to FedEx for shipping, addressed to the shipping address provided by you, and that NIWAKA has no responsibility whatsoever for any damage that may be caused by such events as theft, loss of items, etc. during shipping.
Purchased products are imported from Japan to the United States with the recipient of the shipment (hereinafter called "the consignee") designated as the importer. Should US Customs or FedEx ask for importer information during import customs clearance, the consignee must provide the required information. You agree that US Customs or FedEx may contact the consignee directly. If the person who placed the order is not the consignee, you must provide the consignee with the shipment information.
NIWAKA is not responsible for any issues caused by the consignee's inadequate response or inaction during the import customs clearance process. Should the purchased products be returned to NIWAKA due to inadequate response or inaction by the consignee, and should the purchased products need to be resent, the costs of returning the products to Japan and resending them to the United States will be borne by the person who placed the order or the consignee.
In the event of inadequate response or inaction by the consignee, such as failure to receive the products within the storage or delivery period set by the carrier after shipment to the United States, the products will be returned to NIWAKA. In this case, you agree that NIWAKA shall have the right to cancel the purchase without your consent and take necessary actions at NIWAKA's discretion to deal with the ordered products, such as disposal or alteration, sale or loan to third parties, and so on, after six (6) months from the date of the order. In addition, you shall also be responsible for the cost of shipping the products back to Japan. As stated below, the purchase cannot be canceled by the customer. You agree to indemnify NIWAKA for any and all damages incurred by NIWAKA as a result of cancellation.
All purchases made using this Website are final. In other words, once you click the "Complete Purchase" button on the Website and complete your transactions, NO PAYMENT REFUNDS, PRODUCT RETURNS, MODIFICATIONS, CANCELLATIONS or PRODUCT EXCHANGES will be permitted.
In addition, because you expressly agree that any purchase you make is on a no-modification, no-cancellation, no-refund, no-return, no-exchange basis, you expressly agree to waive any and all chargeback rights or similar rights to request a refund from PayPal, your bank, or your credit card carrier or to otherwise reverse a charge relating to your purchase.
You agree that any products you purchase through this Website are purchased for your personal use only and that you are not purchasing products for resale purposes or for any other commercial purposes. You agree that any purchases made for resale or other commercial purposes are null and void.
If you purchase a ring, you are solely responsible for selecting the size of the ring. In the event the ring you selected does not fit as expected, you expressly agree that you are not entitled to a refund, return, or exchange on that basis. However, if you contact us within 30 days of placing your order, we may permit you to change the size of the ring you ordered (although, certain conditions may apply).
You agree that any purchase made using this Website occurs entirely in Japan and that this Website (as well as the information contained on the Website) does not constitute an offer of goods or services to a person located in the United States or in any other country outside of Japan. You further agree that, because any purchase made by you has occurred in Japan, any such purchase is not subject to sales tax imposed by any state in the United States. You further agree that, for any items purchased by you through the Website, title to those items will be transferred to you in Kyoto, Japan, at the time the items are shipped to you.
4. No Warranties
NIWAKA makes no warranties, express or implied, including but not limited to the implied warranty of fitness for a particular purpose, with respect to any of the products appearing on the Website. Any purchase made through the Website is on an as-is, no-warranty basis. In particular, NIWAKA makes no warranty that the photographs appearing on the Website accurately depict any item purchased by you. Although we have used our best efforts to provide photographs and other information that accurately describes our products, variations between photographs and actual items purchased can occur and therefore we cannot guarantee the item you receive will be exactly as it appears on the Website.
5. Limitation of Liability
Under no circumstances whatsoever shall NIWAKA, or its subsidiaries or affiliates, be liable for any loss or damages of any kind (including, without limitation, for any economic, exemplary, special, punitive, incidental, or consequential losses or damages) that are directly or indirectly related to (a) the Website, (b) the Content, (c) the purchase of any products identified on the Website, or (d) any damage to any user's computer, mobile device, or other equipment or technology of any kind, even if foreseeable or even if NIWAKA, or its subsidiaries or affiliates, has been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability, or other tort.
You expressly agree that, in any action or claim asserted by you relating to any item purchased through the Website, you will have no right to seek exemplary or punitive damages and you will be prohibited from seeking damages in excess of the amount actually paid by you for the item purchased. In other words, your sole remedy would be to seek compensatory damages in an amount that does not exceed the amount you paid for the item.
You agree that in the case you have any monetary claim against NIWAKA, NIWAKA shall be entitled to set off such claim against any monetary claim NIWAKA may have against you with the corresponding amount and that NIWAKA may do so at any time, regardless of whether or not NIWAKA's claim is due. In addition, you agree that you shall not be entitled to set off your monetary claim against NIWAKA's claim.
7. Privacy Protection
NIWAKA's privacy statement explains how your personal information is treated when you use this Website. You agree that NIWAKA is permitted to use such information in accordance with its privacy statement. You further agree, as set forth in its privacy statement, that NIWAKA is permitted to provide your personal information to NIWAKA's associated companies with respect to your use of this Website or for purposes of corresponding with you.
8. Trademark Notice
All trademarks, logos, and service marks that appear on this Website are registered, unregistered, or otherwise protected NIWAKA trademarks. Other trademarks are proprietary marks and are registered to their respective owners. Nothing contained on the Website should be construed as granting, by implication or otherwise, any license or right to use any trademark displayed on this Website without NIWAKA's prior written permission or that of such third party who owns the trademark. Misuse of any trademark displayed on the Website, or any other content on the Website, except as provided herein, is strictly prohibited.
9. Copyright Notice
All Content is either Copyright © NIWAKA Corporation or is licensed for use by NIWAKA. All rights reserved.
10. General Provisions
Any cause of action you may have with respect to these Terms or with respect to any purchase must be commenced within one year after the claim or cause of action arises.
Neither the course of conduct between the parties nor trade practice will act to modify the Terms.
The Terms do not confer any third-party beneficiary rights.
Unless otherwise expressly provided, nothing on the Website constitutes any offer or invitation to conduct business in any jurisdiction other than Japan, and any implied offers are expressly disclaimed.
11. Applicable Law, Jurisdiction, and Severability
12. Entire Agreement
If you have questions or concerns regarding these Terms, including with respect to your rights and/or obligations herein, please contact us via the "Contact Us" page.