TERMS AND CONDITIONS OF USE
Online shopping and other services offered on this GINZA DIANA Global Web Shop (this “Site”) (the “Services”) are only available to this Site members.
Please be sure to register before placing an order.
Please be sure to register before placing an order.
Article 1 (Application and Amendment of Terms and Conditions)
- 1. These Terms and Conditions of Use (the “Terms and Conditions”) shall apply to all matters concerning this Site operated by DIANA Co., Ltd. (the “Company”).
- 2. Before using this Site, customers are required to agree to the Terms and Conditions when they register for membership.
- 3. The Company may amend the Terms and Conditions without the consent of customers. Customers are requested to check the Terms and Conditions from time to time.
Article 2 (Membership)
- 1. For the purpose of the Terms and Conditions, a “Member” shall mean a customer who has registered as a member by the method prescribed by this Site, and who has accepted all the terms and conditions of this Site and the Terms and Conditions.
- 2. A person who wishes to become a Member shall apply for membership from this Site membership registration page by the method prescribed by this Site.
- 3. All registration information submitted when applying for membership shall be true and accurate.
- 4. All intentions indicated to the Company by the use of a member ID and a password shall be deemed to be validly indicated by the Member him/herself to whom the member ID and password belong, and such Member shall bear all liabilities for payments and other obligations accruing from the intentions thus indicated.
- 5. A Member shall be responsible for the management of the member ID and password which he/she has set during the registration or other relevant process. A Member shall set, and periodically change or otherwise properly control, his/her password, in order to prevent it from being identified by any third party. A Member shall also recognize the risk of divulgence of information and strictly control and use his/her password at his/her own risk.
- 6. A member ID and password shall be used only by the Member to whom they belong. A Member shall not assign, transfer, lend or disclose his/her member ID or password to any third party without the prior consent of the Company.
- 7. The Company shall not be liable for any damages caused by negligence in using, or any third party's use of, a member ID or a password.
- 8. In the event of any change in a Member’s name, address, phone number or other information (whether in whole or in part) registered with the Company, the Member concerned shall immediately apply for modification of the registered information by the method separately specified in this Site.
- 9. The Company may, without any prior notice, suspend a Member's right to use the Services, cancel his/her membership or take any other measures deemed appropriate by the Company in cases where the Member:
- (1) is found to have had his/her membership cancelled in the past due to a breach of any terms and conditions related to any service provided by the Company;
- (2) causes a delay in making payment, including payment of fees for the Services, is unable to receive items or services provided by the Company (hereinafter collectively referred to as “Items, etc.”) for an extended period of time, or otherwise fails to perform his/her obligation hereunder;
- (3) performs any act that is prohibited in Article 8; or
- (4) otherwise violates any of the provisions hereof.
Article 3 (Management of Personal Information)
Article 4 (Purchase of Items, etc.)
- 1. A Member who desires to purchase or use Items, etc. shall submit a request for purchase or use of Items, etc. in accordance with the method separately specified in this Site.
- 2. When submitting a request as described in the preceding paragraph, the Member shall click the button for placing an order after confirming the information he/she has entered/registered, including the destination of shipment and other details of the order. A purchase and sale contract between the Member and the Company concerning the respective Items, etc. shall come into effect when the Member receives an e-mail from the Company confirming the stock and informing the Member of the completion of shipping procedures.
- 3. Notwithstanding the preceding provision, in the event of any misconduct or inappropriate act concerning the use of the Services, the Company may cancel or revoke the purchase and sale contract or take any other measures deemed appropriate by the Company.
Article 5 (Payment)
- 1. The total payment for the Items, etc. shall be the sum of the purchase price of the Items, etc. including consumption tax and shipping costs, service fees, and any other expenses related to the purchase.
- 2. Any customs duties or Value Added Taxes (VAT) required when the item arrives in China shall be borne by the importer. In the event that the customs authorities in China request payment of customs duties or VAT, the Member is requested to pay these taxes.
Article 6 (Cancel of Order)
- 1. In the event of any of the following events, the Company may cancel an order for Items, etc. made by a Member, and shall not be held liable for any damages incurred as a result of such cancel:
- (1) if the ordered Items, etc. is not in stock;
- (2) if the price listed on this Site is incorrect due to any cause not attributable to the Company;
- (3) if the Company determines that the Member has ordered the Items, etc. for commercial purposes or resale; or
- (4) if the Company otherwise finds the cancel appropriate.
Article 7 (Return of Sold Items, etc.)
- The Company will not accept any returns of any Items, etc. purchased through this Site. The Company will also not accept in this Site any returns of any item not purchased through this Site. For details, see “Returns and Exchange.”
Article 8 (Prohibited Acts)
- 1. A Member shall not:
- (1) provide false information in the member registration process;
- (2) perform any act which disturbs the administration of the Services or which may otherwise interfere with the Services;
- (3) use the Services by using a credit card without due authorization;
- (4) use an e-mail address or a password without due authorization;
- (5) perform any act which inflicts or may inflict inconvenience, detriment or damages on another Member, a customer of the Company , a third party or the Company;
- (6) perform any act which infringes or may infringe upon any trademarks, copyrights, other intellectual property rights, privacy or any other rights of another Member, a customer of the Company, a third party or the Company;
- (7) perform any act which is or may be offensive to public order and morality, or otherwise violates or may violate laws or regulations; or
- (8) perform any other acts deemed inappropriate by the Company.
Article 9 (Disclaimer)
- 1. In the event that the Company has an obligation to notify or deliver any Item, etc. to a Member, such obligation shall be deemed fulfilled when notification is sent to the Member by e-mail to the e-mail address registered in advance or, in the case of delivery of an Item, etc., when the Item, etc. is delivered to the destination specified by the Member at the time of placement of the order.
- 2. The Company shall in no event be held liable for any loss, damage, or detriment related to any Item, etc. sold/purchased with the use of the Services except for those mentioned in the preceding paragraph, regardless of the legal grounds for the claim.
- 3. The Company shall not be held liable for any damages whatsoever due to the inability of a Member to use the Services, regardless of the cause.
- 4. The Company shall be exempt from any liability for any damages which may arise by having acted in reliance on the registration information supplied by a Member.
- 5. The provisions of the four preceding paragraphs shall not apply in cases where a Member incurs loss, damage, or detriment due to willful misconduct or gross negligence of the Company or for any other cause attributable to the Company.
- 6. If a Member causes any damage to another Member or a third party in using the Services, the Member shall resolve such problem at his/her own risk and expense, and shall hold the Company harmless therefrom.
- 7. When the Company changes a Member’s password or performs any similar act based on its request, the Company shall be exempt from any liability for any damages which may arise, so long as it has confirmed the identity of the Member applying for the change, in accordance with the method prescribed by the Company.
- 8. A Member shall bear all costs related to installation of any computer device or telecommunication device required for his/her use of the Services, and any phone charges and usage/application fees for LAN required for his/her use of the Services.
- 9. The Company shall not be held liable for any damage occurring from the loss, delay, or incorrect transmission of information due to a cause beyond the reasonable control of the Company, including a natural disaster, line congestion, or breakdown caused by any malfunction or maintenance of equipment, or from falsification or divulgation of information by any third party.
- 10. Members shall bear the actual costs of any customs duties or VAT that may accrue in accordance with laws, regulations or the like of the destination country. Members shall also complete by the prescribed due date, any procedures which may be required by laws, regulations or the like of the destination country.
- 11. The Company shall not be held liable in cases where a Member cannot receive an Item, etc. as a result of the Member's failure to pay the required customs duties or VAT, or where shipment is delayed or a Member cannot receive an Item, etc. due to a customs problem, customs procedures or other causes not attributable to the Company.
Article 10 (Suspension and Termination of the Services)
- 1. The Company may temporarily suspend the operation of, or terminate, the Services without prior notice to or the consent of Members in any of the following events:
- (1) maintenance or repair of systems related to the Services;
- (2) operation of the Services is precluded due to the occurrence or threatened occurrence of a natural disaster, incident or other emergency; or
- (3) the Company otherwise determines it necessary to temporarily suspend the use of, or terminate, the Services.
Article 11 (Miscellaneous)
- 1. E-mail shall be the general method of communication between the Company and a Member regarding the use of the Services.
- 2. The Terms and Conditions which are prescribed in Japanese shall be the original. In the case of a difference between the original Japanese and the Terms and Conditions in other languages, the original shall prevail.
- 3. Any matters relating to the Terms and Conditions or the use of the Services shall be governed by, and construed in accordance with, Japanese law.
- 4. All disputes, controversies or differences which may arise between the Company and a Member hereto, out of, in relation to or in connection with the Terms and Conditions or using the Services shall be finally settled by arbitration in Tokyo, Japan, in accordance with the Commercial Arbitration Rules of the Japan Commercial Arbitration Association for the time being in force, which rules are deemed to be incorporated by reference in the Terms and Conditions. The language of the arbitration shall be Japanese, and the number of Arbitrators shall be three (3), who are to be appointed under the Commercial Arbitration Rules of the Japan Commercial Arbitration Association.