kolor inc. (hereinafter the “Company”) will establish the terms of use (hereinafter the “Terms of Use”) for services (hereinafter “services”) provided at the onlinestore.kolor.jp website operated by the Company (hereinafter the “website”) as follows:
The Terms of Use will apply to all persons who use services (hereinafter “users”) to place orders, apply for registration and use information and services provided on the website.
The Company may revise the Terms of Use, in whole or in part, without advance notice and approval obtained from users. Only the Terms of Use following revision will apply to users in an instance of this revision.
Users must use the method of purchasing items designated by the website. The Company will record the details of a customer’s purchasing transaction after receipt of order information on the Company’s server. The Company will then send an email stating the details of an order (hereinafter an “order completion email”) to the user in the name of the kolor Official Online Store. A sales contract for the items ordered will be deemed to come into effect between the user and the Company at the point where the Company sends the said order completion email notification of order acceptance.
The Company bears no liability for any customer damage or disadvantage resulting from failure to record the details of customer orders in the Company’s system.
A minor cannot purchase items without the advance consent of a competent legal representative.
An order completion email may fail to reach a user due to a setting of a security program or browser. Please confirm order completion by sending an inquiry via the website CONTACT if the order completion email is not received within a reasonable amount of time after placing an order.
The colors of physical items may differ slightly from the colors of items shown in the photos on the website as a result of a computer’s monitor color setting. Please note that the Company cannot accept returns or exchanges for such a reason.
The Company, at its own discretion, will (a) inform customers of this matter before shipping the items, request a confirmation of the correct retail price, and provide item shipping instructions, or (b) cancel an order and inform customers of such action in cases where the correct retail price of items sold on the website differs from the price shown on the site, irrespective of the reason. Please note that customers cannot purchase an item at a price that is different from what is posted on the website.
The Company may cancel a sales contract or take other appropriate measures in cases where any of the following conditions apply to the use of services or the Company determines that any of the said conditions apply thereto. The Company provides no guarantee against any damage, loss, disadvantage and the like in connection with cancellation of a sales contract and the like.
The Company will promptly refund payment in cases when it cancels a sales contract with a customer based on the provisions of the foregoing paragraph. (The period required for a refund varies depending on how the respective credit card company processes such matters.)
The Company assumes no liability for payment of interest on said refunds, nor any liability for compensate damages caused as a result of said cancellation and the like.
An amount to be paid for the purchase of items and the like shall be the sum of purchase prices for items and the like including the applicable Japanese consumption taxes (transactions conducted within Japan only) and delivery charges.
Separate customs duties and the like (including import duties, value-added taxes and customs fees) may apply in some cases, depending on the countries or region. Users bear responsibility for payment of such duties and the like. The Company limits payments for items and the like purchased through its services to payments using a credit card issued in the name of the user (VISA, JCB, MASTERCARD or AMEX card; ALIPAY; or PayPal services; or a cash-on-delivery services (available only for transactions conducted within Japan). The Company is obligated to cancel orders from customers requesting delivery to places outside Japan when such orders are placed on a cash-on-delivery basis.
Users must observe the terms and conditions of a contract, which credit card holders conclude separately with their respective credit card company, when payment is by a credit card. Customers who pay by credit card must resolve on their own any dispute that arises with a credit card company in connection with a payment by credit card.
The Company will issue a receipt for payments only in instances where a customer requests issuance of a receipt via the website CONTACT page.
Normally, the Company will ship items within five (5) business days from the date of order confirmation (excluding Saturdays, Sundays, Japanese national holidays, and year-end and New Year holidays) to designated addresses in Japan using Sagawa Express door-to-door delivery services, and to specified destinations in other countries using EMS or ECMS express delivery services. The Company’s overseas delivery operations are carried out by affiliates BeeCruise Inc. and Tenso, Inc. The address of both affiliates companies is Gotenyama Trust Tower 6th Floor, 4-7-35 Kita Shinagawa, Shinagawa-ku, Tokyo, Japan). Please note that designation of the date and time of delivery is not possible.
* Please note that your order may be shipped from multiple different destinations. Please find the total amount on the payment page
Customs duties and the like are separate from item prices and delivery charges paid to the Company and may be imposed on customers as stated in the section “Method of Payment,” depending on the mailing addresses designated by the customer. The Company has no sway whatsoever over customs duties and the like, nor can the Company predict the amount of these charges. Items will be returned to the Company in instances where delivery is impossible due to refusal to accept delivery, an inadequate address, and the absence of an addressee. The Company will make no refund of the cost of an item or delivery charges paid in instances where items are shipped overseas. The Company does not maintain an overseas reshipping network, so repeating the order placement is necessary should reshipment be desired.
The customer is fully liable for all matters concerning the export of items from Japan ordered via an overseas forwarding service. The Company neither bears nor shares any liability for such exports. Note, too, that the customer is liable in the instance of an inability to deliver an item when an address is categorized as “unknown” as a result of an error in address information supplied to the companies providing overseas forwarding services.
Items will be sent per order. Please note that bundled shipments are unavailable even if the delivery address is the same if orders are placed on two or more different occasions.
The Company will bear no liability for damage to or loss of an item occurring in the course of delivery.
The Company does not guarantee the completeness, accuracy, certainty, usefulness and the like of the content of the website and information and the like that users acquire through use of or in connection with the website. In addition, the Company does not guarantee the stock status of items shown on the website. Further, the Company is unable to promise the provision of ordered items unfailingly. Moreover, the Company may change without advance notice information provided on the website, the prices of all items shown thereat, their specifications, their sales periods and the like. The Company will bear no liability for information provided on the website and any trouble, loss, damage and the like resulting from use of the website. The Company’s extent of liability shall be limited to compensation for ordinary and direct damages from causes attributable to the Company even in cases where the Company bears liabilities for some reason.
The Company shall not be liable for any user damage resulting from system suspension, delays or discontinuation, data loss, unauthorized data access or various other impediments caused by computer viruses and the like or attributable to the obstruction of telecommunications lines, computers and the like occurring in the following cases:
The user is prohibited from taking any of the following actions when using the Company services.
The Company may cancel orders placed by users and decline the provision of future services based on its determination in cases where any of the following user actions is confirmed.
A user shall be liable to compensate for all damages should any prohibited action cause damage to the Company or any third party.
To register an account (hereinafter “account applicants”) follow the procedure posted on the Company website. The Company registers accounts free of charge.
Company approval of a registration is valid from the time an applicant clicks the sign-up button in the case of creation of a new account.
A minor cannot create an account without the consent of a competent legal representative. It is the user’s responsibility to carefully manage and store information, including passwords. The assignment, sale, succession, sharing, disclosure or leakage of such information to or by a third party is prohibited. A user is solely liable for maintaining the confidentiality and security of an account. The Company shall treat all account actions as actions initiated by the user. The user shall be deemed to have agreed to inform the Company immediately concerning problems related to the safety of their accounts. The Company shall bear no liability whatsoever for any damage caused by unethical use of an account by a user.
The Company will not approve creation of an account if any of the following conditions is applicable:
A user desiring to delete an account should follow the procedure described on the website CONTACT page. The account will be discontinued from time the Company receives the application for deletion.
All rights in connection with the content of the website (including texts, images, voices and programs) shall belong to the Company or rightful claimants licensing the content to the Company. The Company shall immediately pursue recourse to law in instances where actions are found that are prohibited under copyright and other laws in Japan and other countries (including unauthorized reproduction of content owned by the Company, unauthorized republication thereof, and other actions corresponding to the unauthorized secondary use thereof), irrespective of the objectives.
Users are responsible for resolving their own dispute and at their own expense should any dispute with a third party arise in violation of the Terms of Use. Users must avoid causing any damage, loss, disadvantage or the like to the Company in such cases.
The laws of Japan shall govern all matters in connection with the use of the website or sales contracts for items. The Company and users hereby agree that the Tokyo District Court shall have exclusive jurisdiction over any recourse to law in connection with the Terms of Use should a legal dispute arise between them.