PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BECAUSE THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
These terms and conditions apply to your purchase from us via this Website. You acknowledge that you are fully aware of the contents of these terms and conditions and, on placing any purchase order for any products, you agree to be bound by and accept these terms and conditions.
“Customer” means a person who orders Product(s) via this Website;
“Product(s)” means any products listed as shopping items on this Website;
“Seller” means Global Delight Japan;
“Website” or “this Website” means www.otonajp.com.
2. Placing an Order
Information contained on this Website constitutes an invitation to treat. No information on this Website constitutes an offer by Seller to supply any Product(s).
By placing an order via this Website, the Customer makes an offer to purchase the Product(s) he or she has ordered on these terms & conditions. Seller may or may not accept the Customer's offer at the Seller's absolute discretion.
Upon receipt of the Customer’s order, Seller will verify the availability of the Product(s) and the Customer’s credit card or other payment details. Seller has not accepted the Customer’s offer and is not obliged to supply the Product(s) until Seller has shipped the Product(s) and sent an order confirmation to the Customer by email.
3. Supply of Product(s)
Subject to these terms & conditions, Seller may agree to supply the Customer with the Product(s) as specified in the Customer’s order form submitted to Seller via this Website.
When Product(s) have been shipped pursuant to the Customer’s order, Seller will email the Customer to confirm shipment.
Seller shall have the right to make substitutions and modifications of the specification of the Product(s) ordered by the Customer, provided that such substitutions or modifications will not materially affect the overall performance of the Product(s) or the type of Product(s) ordered by the Customer.
4. Price and Payment
Pricing of Product(s) shall be the price as stipulated on this Website at the time when the Customer places an order with Seller.
Prices at our website are shown in the following currencies. Japanese Yen, Euro, USD, Australian Dollar, Canadian Dollar and British Pound. For all payments made through Paypal, the only accepted currency is Yen. For payments made via Credit card you csn pay in the before mentioned currencies. In case you are living in a location where there is another currency, our payment processor Verotel will convert the amount that has to be paid into your local currency.
Upon placing an order with Seller, the Customer shall provide to Seller his or her valid credit card number and other billing information as requested by the Website. Seller will usually charge the credit card on shipment of the Product(s). For other payment methods, such as PayPalt the Seller will charge the Customer on confirmation of the order or prior to shipment.
Seller will take all reasonable precautions to keep the details of Customer's order and payment secure but Seller cannot be held liable for any losses caused as a result of unauthorised access to information provided by the Customer.
Product(s) will be delivered to the delivery address provided by the Customer. Seller will use its discretion in selecting a reputable carrier and appropriate means of delivery.
Any dates quoted by Seller for the delivery of Product(s) are estimates only and shall not form part of the contract. Seller aims to deliver promptly, however delays are occasionally inevitable due to unforeseen factors. Seller shall be under no liability for any delay or failure to deliver the Product(s) within the estimated delivery time.
Seller will not be responsible for any tariffs, customs restrictions, customs clearance, or other regulations that apply in countries outside Japan. It is the responsibility of Customer to pay the charges levied by the authorities and observe the respective regulations of the country in which he or she receives the Product(s).
If at the time of delivery of your package from otonaJP, the package has any visible damages on the outside, they those have to be reported and claimed with the delivery person or with the post office the package is picked up. Once the package has been takeen to home, claims can not be accepted anymore by Post office.
6. Returns / Refunds / Cancellation
Due to the sensitive nature of the goods, otonaJP can only accept unopened items for returning. Any good that has been opened, even just for checking it out can not be accepted as it has to be considered used at the time.
Exceptions from that are if the we have delivered defective or wrong goods, in this case otonaJP will cover the cost for the returning package as well as the delivery of the new goods.
If you like to return any unopened goods then you can do so within 7 days after you recieved them. Please note the following steps to return your order or certain goods.
Please contact us within 7 days after you recieved your goods. Tell us which goods you want to return and confirm that they have been not openened. You will then get a return number from us to process your returning.
Any cost and risk for returning the package is on the buyers account, except we have deliverd defective or wrong goods. (see above)
After we recieved the returned goods and have checked them we will issue a refund for all returned goods within 3 business days.
Please understand that in case any items has been opened then we can not accept its return. The goods we sell are mostly for the usage with your body and have to be sterile. Once the box has been opened we have to consider an item being used.
In case you return any goods, stating that they are unopened but in fact they have been opened and used, you will have to pay the cost for delivering them again and we will not accept any return then.
All orders placed on otonaJP are final. However an order can be cancelled by request via email as long as it has not started to process. Once an order started processing and we are preparing the items you have ordered for deliver, cancellations can not be accepted anymore.
Seller reserves the right to update, revise or change these terms & conditions, the price of the Product(s) and any other information listed on this Website at any time. Any such changes will take effect when posted on the Website and it is the Customer’s responsibility to read the terms and conditions and confirm the price of the Product(s) on each occasion when he/she uses this Website and the Customer’s continued use of the Website shall signify his/her acceptance to be bound by the latest terms & conditions.
8. Force Majeure
Seller shall not be liable for any delay or failure in its performance caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labour difficulties, equipment failures, or any other causes beyond the control of Seller. Quantities are subject to availability. In the event of shortage, Seller may allocate sales and deliveries at its sole discretion.
9. Intellectual Property
The Customer acknowledges and agrees that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of the Customer’s use of this Website shall remain at all times vested in Seller or its licensors. The Customer is permitted to use this material only as expressly authorised by Seller or its licensors.
The Customer acknowledges and agrees that the material and content contained within this Website is made available for their personal non-commercial use only and that they may only download such material and content for the purpose of using this Website. The Customer further acknowledges that any other use of the material and content of this Website is strictly prohibited and they agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
The prices of the Product(s) paid by the Customer are for the Product(s) and the services described herein and do not include technical data, copyright, trademarks, or other intellectual property rights or proprietary rights of any kind subsisting in the Product(s) or their packaging.
All Product(s) provided in connection with this Website are on an “as is” and “as available” basis. Except as otherwise expressly agreed, Seller makes no representations, warranties, covenants or guarantees of any kind, express or implied, as to the quality, suitability, accuracy or completeness of any information, content, service, or merchandise provided through this Website. Customer expressly agrees that the use of this Website is at his or her sole risk.
To the full extent permissible by applicable law, Seller disclaims all express or implied conditions, representations and warranties, including but not limited to, any implied warranty of merchantability, non-infringement and fitness for a particular purpose.
Subject to this Clause, Seller will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage or any kind whatsoever arising and whether caused by tort, breach of contract or otherwise.
Subject to this Clause, Seller’s maximum aggregate liability whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by the Customer to Seller in respect of the Product(s) in question.
Failure of Seller to insist upon strict performance of any provisions hereof shall not be deemed a waiver of its right and remedies. The invalidity or unenforceability of any provision of these terms & conditions shall not adversely affect the validity or enforceability of the remaining provisions.
The section headings used herein are for convenience or reference only and do not form a part of these terms & conditions, and no construction or inference shall be derived therefrom.
13. Entire Agreement
These terms & conditions including the documents or other sources referred to in these terms & conditions supersede all prior representations understandings and agreements between the Customer and Seller relating to the sale and purchase of the Product(s) ordered by the Customer.
14. Governing Law
These terms a&conditions shall be governed by and construed under the laws of Japan. The parties submit to the exclusive jurisdiction of the courts of Japan, being the place where the Customer's order/offer has been received/accepted.