General - These terms and conditions govern all services and sales by Japan-Toys.com / Maruzen Syouten Inc. ("JTMS"). No addition to or any modification of any of these terms and conditions as they appear herein shall be binding upon JTMS, unless signed in writing by a duly authorized representative of JTMS. Any attempt by a user of the Japan-toys.com website or a buyer of goods from the Japan-toys.com website ("YOU") to vary in any manner the exact terms and conditions herein in any acceptance, acknowledgment, confirmation or otherwise containing additional, inconsistent or different terms and conditions is hereby expressly objected to and rejected. By accessing the JTMS's website and any pages thereof, YOU agree to be bound by these terms and conditions.
Privacy - Please refer to JTMS's Privacy Statement.
Copyright - All pages included on JTMS's site and the screens displaying the pages, including information as text, graphics, images, buttons, logos and software, are the property of JTMS and are protected by United States of America and international copyright laws.
Use of Information and Materials - The information and materials contained in these pages, and the terms, conditions, and descriptions that appear, are subject to change. Unauthorized use of JTMS's web site and systems including, but not limited to, unauthorized entry into JTMS's systems, misuse of passwords, or misuse of any information posted on a site is strictly prohibited. Not all products and services are available in all geographic areas. Your eligibility for particular products and services is subject to final determination by JTMS and/or its affiliates.
Site Submissions - All information submitted to JTMS via this site shall be deemed and remain the property of JTMS. JTMS shall be free to use, for any purpose, any idea, concepts, know-how or techniques contained in information a visitor to this site provides JTMS through this site. JTMS shall not be subject to any obligations of confidentiality regarding submitted information except as agreed by the JTMS entity having the direct customer relationship or as otherwise specifically agreed or required by law. Nothing contained herein shall be construed as limiting or reducing JTMS's responsibilities and obligations to customers in accordance with the JTMS Privacy Promise for Consumers.
Availability - This site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation.
Orders of Products - All orders received, including pre-orders, are subject to acceptance by JTMS. We reserve the right to cancel pre-orders if we are unable to obtain the items in a timely manner and / or in sufficient quantities and to return your deposit interest-free.
Payment of Products - YOU shall use JTMS's credit card processing system or Paypal. Either way, all items ordered buy YOU have to be prepaid in full before shipping. JTMS may negotiate individual payment terms, depending on the total value of the purchase and the frequency of purchases. All items remain the property of JTMS until the contract is paid in full. In the event of late payment or nonpayment, JTMS shall be entitled to recover from YOU interest on the unpaid balance at the highest lawful rate, plus the cost of collection, including attorneys' fees.
Prices and Shipment of Products - All prices are in U.S. Dollars unless otherwise specified. Visit JTMS's Shipping page to read about shipping and order processing practices. Risk of loss or damage shall pass to YOU upon delivery to transporting carrier.
Delivery, Loss, Delay of Products - Delivery dates specified in JTMS's website are approximate. JTMS shall not be liable for loss, damage, delays or no delivery due to causes beyond its reasonable control including, but not limited to, acts of God, acts of any government authority or YOU, acts of civil or military authority, fires, floods, strikes or other labor disturbances, war, riot, delays in transportation, breakdown of essential machinery, or material shortages. In the event of delay for any such reason, the date of delivery or performance shall be extended for a period equal to the time lost by reason of the delay. In the event JTMS is unable to perform for any of the foregoing reasons, JTMS may (at its option) cancel the order without liability.
Cancellation of Orders - YOU cannot cancel orders placed with JTMS, except with JTMS's express written consent and on terms acceptable to JTMS. In the event of an unauthorized cancellation, YOU shall be liable to JTMS for all damages relating to the cancellation, including but not limited to all commitments made or costs incurred in preparing to perform or in performing the services, equipment and material costs, cancellation charges of JTMS's suppliers, and lost profits.
Returns and Exchanges of Products - Goods must not be returned except by written permission of JTMS. If an order is returned to JTMS' shipping warehouse without JMTS' permission, JMTS reserves the right to charge for the shipping portion of the order and for a 30% restocking fee for the products.
DISCLAIMER OF WARRANTY - THE INFORMATION AND MATERIALS CONTAINED IN THIS SITE, INCLUDING TEXT, GRAPHICS, LINKS OR OTHER ITEMS ARE PROVIDED "AS IS" AND "AS AVAILABLE". JTMS DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND MATERIALS. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
JTMS SHALL HAVE NO LIABILITY FOR ANY COSTS ASSOCIATED WITH REJECTED PRODUCTS UNLESS EXPRESSLY AGREED IN WRITING.
LIMITATION OF LIABILITY - JTMS SHALL NOT IN ANY EVENT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH JTMS'S SITE OR ANY LINKED SITES OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF JTMS, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.
Arbitration - Any controversy or claim arising out of or relating hereto, shall be settled by binding arbitration with the arbitration to be held in Osaka, Japan. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.