TERMS AND CONDITIONS
Thank you for visiting our online shop. The website is owned by Ya-Man USA LTD (referred to as the "Shop"). and is located at https://global.ya-man.com/ (“Website”). By accessing the website, you warrant and represent to shop that you are legally entitled to do so and to make use of information made available via the website. Shop will sell products on the Shop's website by accepting online orders from online users (the "Visitor" or "Customer") and, upon receiving payment of the purchase price, will ship purchased products to the delivery address provided by the Visitor (the "Service"). The following terms and conditions govern the use of the Shop and its Services (the "Terms"). Any Visitor who wishes to place orders with the Shop is asked to carefully read and accept the Terms beforehand.
ARTICLE 1 PERSONAL INFORMATION
ARTICLE 2 SHOPPING CART, CREATING AN ACCOUNT
- Every first time Visitor to our Shop will be given a temporary shopping cart (the "Visitor's Cart"). This allows the Visitor to temporarily store products the Visitor wishes to purchase in the Visitor's Cart. If the Visitor leaves the Shop before creating an Account (defined in Clause 2 below) and being assigned a Member's Cart (defined in Clause 3 below), the contents of the Visitor's Cart will be emptied.
- Visitor's may create an account by entering and submitting the required account information to the Shop (the "Account"). By creating an Account the Visitor will be able to shop faster, monitor the order status and keep track of previous purchases.
- Every Visitor that has created an Account with the Shop is given a permanent shopping cart (the "Member's Cart"). This allows the Visitor to store products the Visitor wishes to purchase in the Member's Cart and return to the Shop at a later time or date to finalize the purchase. All products will remain in the Member's Cart until the Visitor has either purchased the products or has removed the products by deleting them from the Member's Cart.
- If a Visitor adds products to the Visitor's Cart and then decides to sign in to the Shop by creating an Account, the contents of the Visitor's Cart will automatically merge with the Member's Cart.
ARTICLE 3 RETAIL PRICES AND OTHER COSTS
- The retail price and other costs for each product are shown in USD ($). The retail price for each product is the price that the Customer is obligated to pay when the Customer sends the Shop a purchase order (the "Order"). The Customer must also pay all associated shipping costs to ship the product from the Shop's storage facility in Japan to the Customer's delivery address. The final purchase price, which includes shipping costs, is displayed in the shopping cart after the Customer clicks "Checkout".
- Depending on the law in the country of delivery the products purchased by the Customer may be subject to tax or import duty. The Shop is not responsible for paying any such tax or import duty and is unable to define or pre-collect any such taxes or duties. If the Customer has any questions regarding the applicability of tax or import duty on any purchase from the Shop, the Customer should contact the appropriate local customs office before placing an order. The Shop will not declare that any purchased products are a gift or have a lower value than the retail price.
ARTICLE 4 ORDER PLACEMENT METHOD
- Prior to placing an Order for a product, the Customer will be required to enter certain required information on the Shop's designated web pages and submit such information over the Internet to the Shop. Orders may be placed 24 hours a day.
- As part of the process of placing an Order, the Customer will be required to confirm the Order on the Shop's order confirmation web page (the "Confirmation Page"). On the Confirmation Page the Customer will be asked to review and confirm the Customer's name, delivery address, shipping method, billing address, payment method, product details and price. The Customer will be able to correct any mistakes or edit choices on the Confirmation Page prior to clicking the "Confirm Order" button. Once the Customer clicks the "Confirm Order" button the Order is transmitted to the Shop, which creates a binding offer by the Customer to purchase the product (the "Order Confirmation").
- After the Order Confirmation process is complete, Customers wishing to pay by credit card or PayPal (where offered) will be directed to the secure web page of the Shop's payment provider and asked to enter their name, address, credit card details and e-mail address.
ARTICLE 5 SALE AND PURCHASE CONTRACT
The sale and purchase contract between the Customer and the Shop (the "Contract") becomes effective when the Customer receives the Order Acceptance E-mail (defined in the Article 6 below).
ARTICLE 6 ORDER ACCEPTANCE E-MAIL
- After receiving the Order, the Shop will automatically send an order acceptance e-mail (the "Order Acceptance E-mail") to the Customer. The Order Acceptance E-mail constitutes an acceptance of the Customer's offer to purchase the product, described in Article 4, Clause 2 above, by the Shop and thereby constitutes the formation of the Contract.
- If the Customer does not receive an Order Acceptance E-mail within 48 hours after placing an Order, the Order may not have been received by the Shop. In this case, the Shop requests that the Customer resubmit the Order. When resubmitting the Order, the Customer should type "Re sending" in the comment box in order to avoid duplicate Orders.
ARTICLE 7 CHANGES AND CANCELLATIONS
The Shop will contact the Customer by e-mail to inform or confirm the Order status if the product cannot be delivered at all or cannot be delivered for a long period of time. This may happen in rare occasions because the product is no longer available, out of stock or if errors are found in the Order Acceptance E-mail. If the product cannot be delivered at all, the Shop and the Customer agree that the Contract will be rescinded and the Customer will receive a full refund of the purchase price, including any associated shipping costs or other costs.
In case of a product being out of stock for a long period of time, the Shop and the Customer may agree upon a delivery that is as close as possible to the originally scheduled delivery date or, both the Customer and the Shop may agree to rescind the Contract. Where the Contract is rescinded, the full refund of the purchase price, including any associated shipping or other costs, will be refunded to the Customer without any penalty. A short delay in delivery shall, however, not entitle the Customer to rescind the Contract.
ARTICLE 8 PAYMENT AND DUE DATES
The Customer may choose one of the following payment methods (where offered):
- Credit Card and DEBIT CARD
The Shop accepts VISA, VISA DEBIT and MASTERCARD and any other cards accepted by the Shop's payment provider.
The terms and conditions of PayPal, which are available on its website, will apply to all PayPal payments made by the Customer.
ARTICLE 9 DELIVERY
- Orders will be processed after receipt of payment.
- The Shop sends the products to the delivery address provided by the Customer. However, the Shop is not responsible for any damage or loss of the product after the Shop has delivered the product to the shipping company appointed by the Shop.
- The product is delivered insured and traceable by EMS (Express Global Mail Service). The Shop will inform the Customer of the EMS 24-hour online tracking number and other shipping details on the day of the shipment or the next working day. The Customer is responsible for tracking the parcel using the information provided in the shipping confirmation email. If the parcel is returned to the sender (the Shop) because the parcel's retention period has expired, the customer shall bear the original shipping costs. To resend the parcel, the customer shall bear the cost for the new shipment.
- Several products ordered in a single Order are generally delivered in one shipment.
- The Shop typically delivers the product within 7 business days from the day the Shop has received the payment, unless stated differently in the article description. Delivery times will also vary depending on the destination and national holidays in Japan and in the country of destination.
- The Shop undertakes its best efforts to keep within the stated delivery time, but the Shop asks for the Customer's understanding in unpredictable circumstances including, but not limited to, prolonged deliveries due to manufacturer's production problems, natural disasters or information systems problems (e.g., bank transfer delays) and the Shop shall not be responsible for any such delay of the delivery. The Shop will notify the Customer immediately when the Shop becomes aware of such problems.
ARTICLE 10 TRANSFER OF TITLE
Ownership of the products transfers from the Shop to the Customer on the condition that and at the time the Shop receives full payment.
ARTICLE 11 RETURNS AND EXCHANGES
- The Customer must carefully inspect the product as soon as it is delivered to the Customer and notify the Shop immediately if the Customer notices any problems with the product, such as damage or delivery of a different product.
- If the product delivered is different from the product the Customer ordered, or the product is defective, or the Customer does not like the product, the Customer may return such product, subject to the following conditions, by calling or sending an e-mail to the Shop and stating the reason for such return within seven days after receipt of the product. However, the product can only be exchanged for the same product and not for any product different from the ordered product.
- If the Customer wishes to return the product because the product is defective, is not the product the Customer ordered, or is spoiled or damaged, or has any problems which are attributable to the Shop, the Shop will bear the original shipping costs and/or any return shipping costs.
- If the Customer wishes to return the product because of the Customer's personal reasons, such as the Customer does not like the product, the Customer shall bear the original shipping costs, return shipping cost associated with refunding the purchase price.
- All returns must be packed correctly to be accepted.
- Returnable products must be returned within eight days from the date on which the Customer informed the Shop of the Customer's intention to and reason for the return.
- Notwithstanding the foregoing, the Customer may not exchange the product in following circumstances:
- When the Customer contacts the Shop on or after the eighth day after the delivery.
- When the product tags, price tags, labels, etc. have been removed from the product.
- When the product has been used, damaged, broken or changed by the Customer or the product package has been opened or the product package has been damaged, broken or destroyed.
- Customized and sanitary products are generally excluded from return.
ARTICLE 12 WARRANTY
Shop will replace authentic devices and attachments eligible for warranty service with merchandise of equal or better quality. Every new device includes a one (1) year warranty covering any manufacturer related problems resulting from everyday use of the product. Warranties are only valid for items purchased through this online store under https://global.ya-man.com/ , returned within the warranty dates, and have a physical product purchase receipt from the location purchased. This warranty is void if the product has been subject to an accident, misuse, abuse improper maintenance or repair, unauthorized modification, or any other use not found in the printed instructions.
For devices purchased outside of the this online shop under https://global.ya-man.com/ Please consult your receipt or place of purchase for their return and warranty policy.
ARTICLE 13 DAMAGES OCCURRING DURING INTERNATIONAL SHIPPING
If, upon receiving a product shipped outside of Japan, the Customer notes any major damage to the packaging and/or the product itself, the Customer shall immediately file a report with the shipper or the shipping company. The Customer shall also notify the Shop by e-mail, attaching a damage report and, if possible, a photo as proof. The Shop will then process the insurance claim with the delivery company in Japan, on the Customer's behalf, and forward any compensation payments from the insurance to the Customer immediately after the damage claim has been settled.
ARTICLE 14 REFUND FOR RETURNED PRODUCT
If the Customer is entitled to a refund, the refund may be paid by If the payment was made by credit card or PayPal, the payment shall be refunded to the Customer by the Shop's payment provider or by PayPal, as the case may be, in accordance with their respective terms and conditions.
ARTICLE 15 LIABILITY
The Shop is not liable for any losses, damages, costs, or expenses incurred by the Customer or any third party resulting, whether directly or indirectly, from the use of the product unless otherwise stipulated in the Terms or such damages are attributable to the Shop.
ARTICLE 16 MISCELLANEOUS
- Actual product colors may differ slightly from their appearance on the computer screen.
- If a Customer's Order data is lost due to the malfunction of equipment related to the Service or of internet transmission circuits, the Shop may unconditionally and immediately terminate the Contract without any notice to the Customer.
- System malfunctions may sometimes prevent or delay e-mails from Customers to the Shop. The Shop is not liable for any losses, damages, costs, or expenses incurred by the Customer arising out of, whether directly or indirectly, any non-delivery or delay in delivery of the Customer's e-mail.
- The Terms may be changed without notice to the Customer. The Customer is responsible for confirming such changes if they are available on the Shop's website. However, if a product is ordered before such change in Terms is made available on the Shop's website, the former terms and conditions will apply.
- The governing law of these Terms and any contract formed under these Terms is the law of Japan, excluding its choice of law rules. The Customer and the Shop agree that the Tokyo Summary Court or the Tokyo District Court shall have exclusive jurisdiction and that any lawsuit arising between the Customer and the Shop related to the Service shall be submitted to one of those courts, as the case may be.
- By providing an international shipping address the Customer is becoming the importer of the products to the foreign country, and as such the Customer must be aware of all applicable laws and import duties specific to the country of import. The Shop is not responsible for the compliance with foreign law.
ARTICLE 17 Trademarks & Copyright
The trademarks, copyrights, names, logos, and service marks (collectively “Trademarks & Copyrights”) displayed on this Website are registered and unregistered trademarks of the Website Owner. Nothing contained on this Website should be construed as granting any license or right to use any Trademarks & Copyrights without the prior written permission of the Website Owner. Any unauthorized use of Trademarks & Copyrights will be subject to legal action.
ARTICLE 18 External Links
External links may be provided for your convenience, but they are beyond the control of the Website Owner and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk.
ARTICLE 19 Warranties
The Website Owner makes no warranties, representations, statements or guarantees (whether express, implied in law, or residual) regarding the website. However, if expressed on the Website, the Website Owner may offer warranties or guarantees on products delivered.
ARTICLE 20 Internal Analysis and Promotions
We may use information about you for our own internal statistical, design, and operational purposes such as estimating our audience size; measuring aggregate traffic patterns; and understanding demographic, customer interest, purchasing and other trends among our customers. We may also use your Personal Information for the marketing and/or promotion of our products or services. We may outsource all of these tasks to third parties on a confidential basis. If you have received an email from any members of the Company and you wish to no longer receive emails, please click the unsubscribe link found at the bottom of the email.
ARTICLE 21 Disclaimer of Liability
The Website Owner shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect, or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the Website, any information contained on the Website, your or your company’s personal information or material and information transmitted over our system. In particular, neither the Website Owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
ARTICLE 22 Sever-ability
Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to being void, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as void and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.
ARTICLE 23 Applicable Laws
Use of this Website shall in all respects be governed by the laws of the state Delaware and Nevada in the United States, regardless of the laws that might be applicable under principles of conflicts of law. The parties agree that the Nevada courts located in Nevada, shall have exclusive jurisdiction over all controversies arising under this agreement and agree that venue is proper in those courts.
ARTICLE 24 Our Guarantee
Your Satisfaction is 100% Guaranteed. If you are dissatisfied with any merchandise from Ya-Man USA Ltd. for any reason, simply contact customer service at firstname.lastname@example.org