MHJT – General Conditions for online Sales
These conditions were published on the website and came into force on 01/08/2022.
Article 1 : Subject
1.1 The products on sale on the Website are sold to the Client (as defined in Point 1.4 below) by moehime-japantoys.com (hereinafter referred to as the “Seller”), also responsible for management and maintenance of the Website.
1.2 The Seller acts as distributor to the sale, on behalf of all Maker presented on the Website who are the exclusive owner of all intellectual property rights relative to the Products (hereinafter referred to as the “Maker”).
1.3 These general conditions of sale (hereinafter referred to as “General Conditions”) govern online purchases on moehime-japantoys.com e-commerce website (hereinafter referred to as “Website”) by users who fit the definition of “Client”.
1.4 Any customer younger than 18 or anyone under the legal age required to place an order on their own behalf or the one who, for any reason, do not qualify as Client is therefore asked to abstain from placing orders for Products and/or entering into sale transactions via the Website, without prejudice to the Seller’s right to not fulfill orders from underage persons or the one who do not qualify as Client.
1.5 These sale terms are applied to any order & pre-order placed on the Website.
1.6 The Website reserves the possibility to change at any moment these General Conditions. In this case, the conditions in effect will be applied to each order & pre-order.
1.7 Any Client who will have placed an order or a pre-order on moehime-japantoys.com is thus considered as accepting without reserve the General Conditions.
1.8 Products on sale, Prices on the Website and/or their characteristics may be subject to change without notice. Before transmitting a purchase order or pre-order, the Client is asked to check the final sale price.
1.9 By transmitting a purchase order or preorder for Products via the the Website, the Client accepts that confirmation of information relative to the order or preorder placed and these General conditions by clicking on the accept button and pay.
Article 2 : Product characteristics and their availability
2.1 The Maker plays no part in these General Conditions of sale, or in the sale contract between the Seller and the Client for the Products governed by these Conditions.
2.2 The Maker is, however, the exclusive owner of all the rights to the Products name, Products logo, Products images.
2.3 Presentation of the Products on the Website is not binding for the Seller and is merely an invitation to the Client to enter into a purchase contract with the Seller and not an offer to the public.
2.4 The pictures and graphic design do not have any contractual value and cannot be a cause for the cancellation of an order or pre-order. The Seller does his best to be precise when describing the Products. However, it does not warrant that product descriptions or other website content is accurate, complete, current or error-free.
2.5 If a Product does not match the description, the Client should contact the Seller as soon as possible. If the Client has questions regarding the nature of a product that are not mentioned on the website, the Client is responsible for asking them before purchasing the product. If the Client has not asked before the purchase and the Product does not meet their expectations, the only solution is an authorized return as mentioned at article 8 Return.
2.6 The Seller reserves the right to delete or modify the content of the description of the Products without notice.
2.7 Products are proposed in the limit of the available stocks.
2.8 If one or several of the Products that the Client has ordered are out of stock, the Seller will inform the Client by e-mail as soon as possible. The Seller can propose other Products suspected of being of interest to the Client or the Client may submit article proposals for exchange. If the exchange of Product does not satisfy the Client, the Seller agree to refund the Client ‘s order.
2.9 Prices, Products on sale on the Website and/or their characteristics may be subject to changes without notice. Before transmitting a purchase order as defined in Point 3 below, the Client is asked to check the final sale price.
Article 3 : Purchase method
3.1 The purchase order or pre-order sent by the Client to the Seller via the Website has the same value as a contract proposal and is governed by these General Conditions of sale, which constitute an integral part of the order itself and which the Client, by transmitting the order to the Seller.
3.2 Before purchasing Products, by transmitting the purchase order, the Client will be asked to carefully read these General Conditions of sale and the information regarding returns and refunds, to print a copy, memorize or make a copy for personal use. The Client will also be asked to check and correct any errors in the personal details entered.
3.3 Any order or pre-order that is placed on the Website must correspond to the usual needs. In this framework, and in agreement with certain of our suppliers, the number of certain references per parcel or order or pre-order can be limited.
3.4 Placing Product in the shopping cart is not making a purchase or a reservation. Only the validation of the purchase order or pre-order is considered as final order.
3.5 Any purchase contract for Products is deemed to be concluded on receipt by the Client of the reconfirmation by the Seller via email of the purchase order or preorder sent by the Client.
Article 4 : Prices
4.1 The payment of order or pre-order will be made exclusively in yen.
4.2 The displayed prices of the Products on the website are in yens excluding all taxes of the Client’s country (VAT).
4.3 The price of the Product indicated on the Website as and when the Client transmits the order or the pre-order, corresponds exclusively of the Product of the order or pre-order. This price do not include delivery charges and packaging costs which are calculated before confirmation of the order sent by the Seller to the Client and which the Client undertakes to pay the Seller in addition to the price indicated on the Website.
4.4 The costs of using any payment platform, the costs of currency transfer fees, the costs of currency conversion are exclusively the responsibility of the Client. These various costs will not be refundable for any reason.
4.5 The Client shall pay the Seller the total priceas shown on the order or preorder and order or preorder confirmation email sent by the Seller to the Client.
4.6 Particularity regarding the Products in pre-order.
Due to a lack of information on the part of the Maker concerning the Products in pre-order, the Seller reserves the right to ask the Client for additional costs if this is necessary before the shipment. The Seller undertakes to inform the Client at the release of the Products of his additional costs.
4.7 The Client agrees that lack of knowledge of costs, charges, customs duties, taxes and/or other duties as described in Points 4.3 , 4.4 and 4.5 above as and when the order is transmitted to the Seller may not represent cause for termination of this contract and that none of the above costs may be charged to the Seller.
Article 5: Payment
The payment of order or pre order online can be by:
– By PayPal connexion to PayPal website, via the Website
– By credit card
Any Client who opens a PayPal dispute or chargebacks, will be banned from the Website.
Article 6: Cancellations
6.1 Pre-order unpaid :
6.1.1 The Seller may cancel any unpaid pre-order without notice. An e-mail explaining the reason for the cancellation will be sent thereafter.
6.1.3 The Client can cancel an unpaid pre-order. However, if the Seller finds repeated cancellations by the Client, the Seller may reserve the right to close the account of the Client without notice. An e-mail explaining the closure of the Client’s account will be sent.
6.2 Order & preorder already paid :
All orders or pre-orders already paid cannot be canceled by the Client except order with status on hold.
6.3 If the Seller has to cancel an order or pre-order paid because of an impossibility of stock, a cancellation of the Maker or for any other reason, in this case, the Seller undertakes to refund the Client’s order or pre-order.
Article 7 : Shipping
7.1.1 The Website commits itself into dispatching the orders under 1-3 business days and preorders when the Seller receives the Products. In case of impossibility (out of stock, natural disasters …) the Seller will advise the Client as soon as possible.
7.1.2 The Client shall decide the delivery method for the Products ordered, choosing from those available and indicated on the Website when placing the order or pre-order.
However, if the Products cannot be shipped by the delivery shipping method chosen by the Client, the Seller will inform soon as possible the Client of an alternative shipping method.
7.1.3 The delivery is made at the address given at the moment of the order or pre-order placement.
7.1.4 All Products sent are unopened and checked and are therefore deemed to be flawless and free from any defect.
7.1.5 The Client undertakes to promptly check, as quickly as possible, that the delivery includes all, and only, the Products purchased and to notify the Seller of any fault with any Product received or non-compliance with the order placed without which the Products are considered accepted. Should the packaging or wrapping of the products ordered by the Client reach the destination in an evident state of damage, the Client is invited to refuse delivery from the carrier or to accept delivery “with reserve”.
7.1.6 In case the contents of the packages have been damaged or are missing, the Client has to contact the Seller within 72 hours of receipt of the package.
In case the package has been lost, the Client has to contact the Seller after the average waiting time for the package.
In both cases, the Seller will contact the carrier and a claim will be made.
7.1.7 The shipping cost includes the cost of preparing, packing, shipping and insurance fees.
7.2.1 The insurance applies when the items accepted for delivery get damaged or lost. In such cases, the Client can receive recompense for actual damages within the framework of the insured value stated by the sender at the moment of shipment.
7.2.2 In cases of non-delivery, theft, partial loss or damage, the product value will be compensated on approval by the carrier after an investigation. The claim has to be submitted within 6 months from the day of the shipment of your package. The Japan post investigation can takes several months before a compensation it’s made.
7.2.3 The Seller shall not be held liable for a delivery delay, because it depends of the carrier. Any wrong, missing, and yet necessary mention in the Client’s delivery address and identity released the Website from the responsibility of the delivery. In case of a return of the parcels to the Seller, because of an incomplete address ( ex: residence, state, number street, misspelling name, ect…) the cost related to the re-dispatching of the package are at the Client’s charge.
7.2.4 The Seller shall not be held responsible for the non-delivery of a parcel in case of unavailability of an item or if is out of stock, in case of disruption, total or partial strike of the carrier and or ways of transport/communication, in case of inundation, fire, natural catastrophe.
7.3 Custom Duty
7.3.1 Any purchase placed on the Website may be subject to costs, charges, customs duties, taxes and/or other duties which are imposed when the parcel reaches its delivery place. The Client is responsible and has to take in charge these possible customs duties and taxes, related to the delivery of a product.
7.3.2 The Client agrees that lack of knowledge of costs, charges, customs duties, taxes and/or other duties may not represent cause of termination of this contract and that none of the above costs may be charged to the Seller.
7.3.3 The Seller is not responsible for checking and informing the Client of the applicable costs, charges, customs duties, taxes and/or other duties. To know them, the Seller recommends to the Client to make some inquiries to their country’s relevant authorities. Clearance can cause a delay in the delivery of the order or pre-order.
Article 8 : Returns
8.1 Return due to the Seller error
If the return is due to a delivery error of the Seller, the Seller will make the return at his expense for exchange and the return of the product will be free.
8.2 Return of unwanted product
8.2.1 The return of unwanted products is subject to prior and written authorization from the Seller.
8.2.2 Any return can only relate to new Product, in the state and in their original packaging and unopened. They must not have been subject to any deterioration on the part of the Client, its employees or third parties.
8.2.3 A return of Products can only be accepted within 72 hours from the day the order is delivered to the Client. If the Client are not home on the day delivery is made, the period starts from the date of first presentation of the package to delivery address.
8.3 Return of damaged or defective product
8.3.1 Damaged or defective Products must be returned according to Seller’s instructions for refund or exchange as an authorized return.
8.3.2 Depending of the Maker, if the conditions are met, the Seller agrees to fully refund the cost of the Product, the original shipping costs and any return costs (refund made by a coupon) or exchange the Product for the same one or a new different Product.
8.3.3 Damage to Product packaging or boxes is not considered Product damage. Returns or refunds are not accepted.
8.3.4 Returns only concern cases of damage or defects of the Products themselves.
8.3.5 The Seller reserves the right to reject claims of manufacturing defects on the articles in the event of obvious abuse by the Client.
8.4 Return as undeliverable or unclaimed
8.4.1 A parcel that has been returned by the carrier as undeliverable or unclaimed, or a parcel refused by the Client for any reason, is not an authorized return.
8.4.2 As such, it may not be eligible for a refund of product cost or at the discretionof the Seller.
8.4.3 Shipping fees will not be refunded in the case of a parcel returned by the carrier as undeliverable or unclaimed, or a package refused by the Client for any reason whatsoever.
8.4.4 If the Client’s parcel has incurred transport costs for its return to the Seller, the Client is responsible for refunding the Seller’s costs.
8.4.5 Returned international packages cannot be reshipped to Japan.
Article 9: Exchange & Refund
Product exchanges are only for
- damaged or defective Products which is allowed to be returned and exchanged,
- unavailability of stock, the Seller agrees to exchange the Product purchased.
The Seller will attempt to refund the Client on the same method of payment. If this is not possible, the refund will be made by coupon, credit card or PayPal.
Coupon : validity
The refund value will correspond to the same amount received in yen at the time of payment.
The Seller does not cover any fees charged by the Client’s credit card company or PayPal when processing refunds. All these costs are the sole responsibility of the Client.
The Seller is unable to provide any form of monetary compensation for pre-order canceled without payment.
Article 10 : Sales, Promotions, Destocking
10.1 Sales, promotion, destocking are on Products that have already been offered for sale.
10.2 The Seller agrees to display the original price and the reduced price.
10.3 Sales, promotion, destocking are on the limited quantity of stocks.
10.4 Seller is unable to provide any form of monetary compensation for missing the opportunity to purchase Product on sales, promotion, destocking.
Article 11 : Legal guarantee of conformity, reporting non-compliance faults and intervention under warranty
11.1 The Seller, as a distributor of the Products through the Website, disclaims all liability, without exclusions and/or exceptions, by indicating the name of the Maker of the product concerned.
11.2 The Seller guarantees the Client that the Products are without design or material defects and that the same comply with the descriptions published on the Website.
11.3 No guarantees apply in the case of Products used in a manner non-compliant with the Product or instructions/warnings provided by the Maker, given in the relative information, on boxes, labels or in booklets with instructions and/or maintenance directions attached to the Product.
11.4 The Client is required to report any defects and non-compliances 72 hours from the day the order is delivered to the Client to do so shall render this guarantee null and void.
11.5 Any anomalies must be notified using the online request form in the reserved access area, giving details of the defect and/or non-compliance, together with relative proof (at least a photo of the Product), the order number sent by the Seller.
11.6 Depending on the requirements submitted by the Maker, due to the characteristics of the Product, and the available stock of the Maker the Seller will inform the Client of the availability and if possible to process a replacement of the Product.
11.7 Following receipt of this request and relative proof, the Seller shall evaluate the defects and non-compliances notified by the Client via the Maker’s assistance service.
11.8 After quality checks to ascertain the effective non-compliance of the Product, the Seller shall decide whether to authorize return of the Product. The Seller will only deal with defects that can be confirmed to have occurred at the time of shipment. Therefore, return or exchange is not available for items that have been opened or used.
11.9 For Product that has been released a long time, the Maker may have discontinued the initial defect support for the product.
Article 12: Law & Jurisdiction
12.1 Contracts for the purchase of Products through the Website property of Japan toys Land Co.Ltd 8-4 Aikocho, Matsuyama, Ehime and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by Japanese law.
12.2 Any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the Courts of Japan.
Article 13 : Security
13.1 The Seller adopts measures to protect personal data from loss, falsification, manipulation and improper use by third parties.
13.2 Nevertheless, due to the technical characteristics and limitations regarding protection of electronic communications via internet, the Seller cannot guarantee that the information or the data viewed by the Client on the Website, even after the Client has logged in are not accessible or cannot be viewed by unauthorized third parties.
13.3 With regard to data concerning credit card payments, the Seller, avails of services provided by banks, which adopt technological systems to guarantee maximum levels of reliability, security, protection and privacy in the transmission of information online.