Terms and Conditions / Site Policy
STANDARD TERMS AND CONDITIONS OF SALES
By placing an order and purchasing goods from http://www.shop-greenjapan.com/ you enter into a legally binding agreement with us on the following conditions. You should read and understand these conditions because they affect your rights and liabilities.
These are the Standard Terms and Conditions of Sale through the web platform of Ecotwaza Co., Ltd, 3-12-8 Naka, Kunitachi-shi, Tokyo, Japan, (“Ecotwaza”) for certain products as set out in the pages on this Website (the “Goods”). Subject to the provisions of Clause 4.2 below, the price of the Goods, the delivery charges and taxes, where applicable, are set forth in the Order Form .
Whilst every effort is made to deliver the Goods in accordance with the time-scales set out for delivery in the relevant pages, we do not accept any liability for late delivery of the Goods and your attention is drawn to the provisions of Clause 6 below.
Ecotwaza reserves the right, at our discretion, to change, modify, add, or remove portions of these Conditions at any time. Please check these Conditions periodically for changes.
THESE CONDITIONS DESCRIBE THE BASIS FOR PURCHASE BY YOU AND SALE BY US OF THE GOODS DESCRIBED ON THIS WEBSITE.
“Conditions” means the standard terms and conditions of sale set out in this document;
“Contract” means the contract for the sale of the Goods;
“Delivery Area” means the countries listed under the Shipping and Payment page;
“Goods” which you have ordered including any installment of the goods or any parts for them which are available for purchase from our Website in accordance with the Conditions;
“Information System” means a system for generating, sending, receiving, storing or otherwise processing electronic communications;
“Order” means any order placed by you with Ecotwaza for the supply of Goods;
“Order Form” means the electronic order form completed and submitted electronically by you;
“Payment Card” means the credit card, debit card, or other payment system, such as PayPal, chosen by you to be used as the method of payment for the Goods of which you have provided details to Ecotwaza when placing the Order;
“Regulations” means the Consumer Protection (Distance Selling) Regulations of Japan;
“Website” means Ecotwaza’s presence on the world wide web, currently accessible via the address http://www.shop-greenjapan.com/.
2. Basis of The Sale
2.1 Ecotwaza shall sell to you and you shall purchase only those Goods which you have set out in an Order and which has been accepted by Ecotwaza. Ecotwaza reserves the right to reject any Order. Each such sale of Goods will be subject to these Conditions, which shall govern the Contract to the exclusion of any other terms and conditions subject to which any Order is made, or purported to be made, by you.
2.2 No Order submitted by you shall be deemed to be accepted by Ecotwaza unless and until confirmed byemail or in writing by Ecotwaza.
2.3 No variation to these Conditions shall be binding upon Ecotwaza unless and until agreed by email or in writing by Ecotwaza.
2.4 Any advice or recommendation given on this Website or otherwise given by Ecotwaza or any of Ecotwaza’s employees or agents to you as to the storage, application or use of the Goods is followed or acted upon entirely at your own risk, and accordingly, Ecotwaza shall not be liable for any such advice or recommendation.
2.5 Any typographical, clerical or other error or omission on any page of this Website or in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by Ecotwaza shall be subject to correction without any liability on our part.
3.1 The quantity, quality and description of the Goods will be those set out in your Order (if accepted by Ecotwaza).
3.2 Orders are accepted at Ecotwaza’s sole discretion, but are normally accepted if the Goods are available, the Order reflects current pricing, you are based in the Delivery Area and your Payment Card is authorized for the transaction.
3.3 Ecotwaza is entitled to withdraw from any Contract in the case of obvious errors or inaccuracies regarding the Goods appearing on the Website.
3.4 You shall be responsible for ensuring the accuracy of the terms of any Order submitted by you, and for giving us any necessary information relating to the Goods within a sufficient time to enable us to perform the Contract in accordance with its terms.
3.5 The quantity, quality and description of, and any specification for, the Goods shall be those set out in the relevant pages of this Website.
3.6 Ecotwaza reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable legal requirements or where any particular Good is unavailable to substitute for the Goods ordered (i.e., goods which are substantially similar in nature and price).
4. Price of The Goods
4.1 The price of the Goods shall be the price set out on the relevant page of this Website. Ecotwaza reserves the right to change the prices set out on this Website, provided that if Ecotwaza accepts an order from you, the price for the Goods will be the price set out in the relevant range at the time the Order is placed.
4.2 If the price of the Goods increases between the date Ecotwaza accepts your Order and the delivery date, Ecotwaza will let you know and ask you to confirm by email that the new price is acceptable. If it is not acceptable then you will have the option of canceling the Order.
4.3 In addition to the price of the Goods you will be liable to pay any and all charges for delivery, packaging and insurance as shown on the Order Form.
4.4 The total price is inclusive of consumption tax for domestic purchases. Other taxes and or custom duties may be added for international purchases, and are your responsibility.
5. Terms of Payment
5.1 Upon providing Ecotwaza with details of the Payment Card and submitting the Order you:
5.1.1 confirm and undertake that the information contained within the Order is true and accurate, and that you are duly authorized to use the Payment Card; and
5.1.2 authorize Ecotwaza to deduct from the Payment Card account the full price of the Goods and all other payments which may become due to Ecotwaza under the Contract.
5.2 The deduction of monies from your Payment Card does not mean that Ecotwaza has accepted your Order nor does it mean that a Contract has been formed between you and Ecotwaza. In the event that Ecotwaza rejects your Order your Payment Card will be credited with the amount deducted.
5.3 If it is not possible to obtain full payment for the Goods from your account on delivery of the Goods to you, Ecotwaza may cancel the Order or suspend any further deliveries to you. This does not affect any other rights Ecotwaza may have.
5.4 In the event Goods are returned by you in accordance with your rights under the provisions of Clause 8, Ecotwaza shall credit your Payment Card with the appropriate amount.
5.5 Ecotwaza will take reasonable care to keep all information connected with your Order secure, but Ecotwaza cannot be held liable for any loss that you may suffer if a third party obtains unauthorized access to any data, including credit and account details you provide when accessing or ordering from this Website, unless this is solely due to Ecotwaza’s gross negligence or fraud.
6.1 Delivery of the Goods from Japan shall be made by our carrier to the address for delivery shown in the Order Form. It is important that this address is accurate. Ecotwaza cannot accept any liability for any loss or damage to the Goods once they have been delivered in accordance with your delivery instructions.
6.2 The Goods will be delivered domestically by Yamato Transport, one of Japan’s leading delivery companies. You can choose the time of delivery from the following six time zones: Before noon / 12-2pm / 2-4pm / 4-6pm / 6-8pm / 8-9pm. Please indicate clearly in the “question and inquiry” space, as appropriate.
6.3 International shipments of Goods will be made by the Japan Post Service Co., Ltd.’s EMS (Express Mail Service). Packages usually arrive within a week from shipping and are trackable. International shipping fees include basic insurance. Please refer to the EMS site for details.
6.4 Whilst every effort will be made to ensure that any Goods ordered are delivered within the period specified for delivery of such Goods on the relevant page and subject to Ecotwaza’s obligations under the Regulations, any dates quoted for delivery of the Goods are approximate only and Ecotwaza shall not be liable for any delay in delivery of the Goods, however caused. Time for delivery shall not be of the essence of the Contract. The Goods may be delivered by Ecotwaza in advance of the estimated delivery date. If delivery is delayed due to any cause beyond Ecotwaza’s reasonable control, the delivery date will be extended by a reasonable period and Ecotwaza will contact you to arrange an alternative time.
6.5 The Goods may at Ecotwaza’s discretion be delivered in installments. Each delivery shall constitute a separate contract and failure by Ecotwaza to deliver any one or more of the installments in accordance with these Conditions or any claim by you in respect of any one or more installments shall not entitle you to treat the Contract as a whole as repudiated.
6.6 If Ecotwaza fails to deliver the Goods (or any installment) for any reason other than any cause beyond Ecotwaza’s reasonable control or your fault, and Ecotwaza is accordingly liable to you, Ecotwaza’s liability shall be limited to the price of the Goods.
6.7 If you fail to take delivery of the Goods or fail to give Ecotwaza adequate delivery instructions then, without prejudice to any other right or remedy available to Ecotwaza, Ecotwaza may cancel the Contract and refund to you the price of the Goods less the costs of their delivery and return.
7. Risk and Property
7.1 Risk of damage to or loss of the Goods shall pass to you at the time of delivery or, if you wrongfully fail to take delivery of the Goods, the time when Ecotwaza or Ecotwaza’s carrier has tendered delivery of the Goods.
7.2 Subject to the provisions of Clause 8 and notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, ownership of the Goods shall not pass to you until Ecotwaza has received in payment in full for the appropriate Order.
8. Warranties and Liability
8.1 Your statutory rights are not affected by these Conditions.
8.2 Any claim by you which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall (whether or not delivery is refused by you) be notified to Ecotwaza within 7 business days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If delivery is not refused, and you do not notify Ecotwaza accordingly, you shall not be entitled to reject the Goods, and Ecotwaza shall have no liability for such defect or failure, and you shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract.
8.3 Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods is notified to Ecotwaza in accordance with these Conditions, Ecotwaza shall be entitled to replace the Goods (or the part in question) free of charge or, at Ecotwaza’s sole discretion, refund to you the price of the Goods (or a proportionate part of the price), whereupon Ecotwaza shall have no further liability to you.
8.4 Ecotwaza shall not be liable to you by any representation or any implied warranty, condition or other term for any loss of revenue or business opportunity, losses suffered by third parties, or any other indirect, consequential or special loss or damage, regardless of the form of action which arise out of, or in connection with the supply of the Goods or their use or resale by you. Ecotwaza’s entire liability under or in condition with the Contract shall not exceed the price of the Goods.
8.5 SUBJECT TO ECOTWAZA OBLIGATIONS AND YOUR RIGHTS UNDER THE REGULATIONS, ECOTWAZA SHALL NOT BE LIABLE TO YOU OR BE DEEMED TO BE IN BREACH OF THE CONTRACT BY REASON OF ANY DELAY IN PERFORMING, OR ANY FAILURE TO PERFORM, ANY OF ECOTWAZA’S OBLIGATIONS IN RELATION TO THE GOODS, IF THE DELAY OR FAILURE WAS DUE TO ANY CAUSE BEYOND ECOTWAZA’S REASONABLE CONTROL.
8.6 Ecotwaza assumes no responsibility for the contents of any other web sites to which this Website has links.
9.1 Any communication sent electronically by email or otherwise:
9.1.1 will be deemed to have been sent once it enters an Information System outside the control of the originator of the message;
9.1.2 will be deemed to have been received by the intended recipient at the time that in a readable form it enters an Information System which is capable of access by the intended recipient;
9.1.3 will be deemed to have been dispatched in the case of a business at its principal place of business and in the case of an individual where he or she ordinarily resides;
9.1.4 will be deemed to have been received in the case of a business at its principal place of business and in the case of an individual where he or she ordinarily resides.
10. Information on This Website
Ecotwaza provides the information contained on this Website or any of the pages comprising this Website to visitors subject to the following conditions.
10.1 Whilst every effort is made to update the information contained on this Website, neither Ecotwaza nor any third party or data or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, any share price information, research information, data and/or content contained on this Website (including, but not limited to, any information which may be provided by any third party or data or content providers) and shall not be bound in any manner by any information contained on this Website. Ecotwaza reserves the right at any time to change or discontinue without notice, any aspect or feature of this Website. No information shall be construed as advice and information is offered for information purposes only and is not intended for trading purposes. You rely on the information contained on this Website at your own risk. Please contact Ecotwaza if you find an error or omission at this Website.
10.2 The trade marks, names, logos and service marks (collectively “Trademarks”) displayed on this Website are registered and unregistered Trademarks of Ecotwaza. Nothing contained on this Website shall be construed as granting any license or right to use any Trademark without the prior written permission of Ecotwaza.
10.3 External links may be provided for your convenience, but they are beyond the control of Ecotwaza 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. When visiting external links you must refer to that external website’s terms and conditions of use.
10.4 Ecotwaza is not responsible for any material submitted to the public areas by you (which include bulletin boards, hosted pages, chat rooms, or any other public area found on this Website. Any material (whether submitted by you or any other user) is not endorsed, reviewed or approved by Ecotwaza. Ecotwaza reserves the right to remove any material submitted or posted by you in the public areas, without notice to you, if Ecotwaza becomes aware and determines, in its sole and absolute discretion that you are or there is the likelihood that you may, including but not limited to -
- defame, abuse, harass, stalk, threaten or otherwise violate the rights of other users or any third parties;
- publish, post, distribute or disseminate any defamatory, obscene, indecent or unlawful material or information;
- post or upload files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of Ecotwaza’s and/or a third party’s computer system and/or network;
- violate any copyright, trade mark, other applicable international laws or intellectual property rights of Ecotwaza or any other third party;
- submit content containing marketing or promotional material which is intended to solicit business.
10.5 You further agree not to use this Website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law. You hereby agree to indemnify Ecotwaza against any loss, liability, damage or expense of whatever nature which Ecotwaza or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of this Website to send or post any such message or material.
10.6 Ecotwaza makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding this Website, the information contained on this Website, your or your company’s personal information or material and information transmitted over our system.
10.7 All material on this Website is protected by Japanese and international copyright law. These materials may not be reproduced, distributed, modified or reposted to other websites without the prior written consent of Ecotwaza.
11.1 Any communication sent by post will be deemed received by the intended recipient three days following mailing where sent by first-class post within Japan or five days after mailing where sent by airmail outside of Japan.
11.2 No waiver by us of any breach of the Contract by you shall be considered as a waiver of any subsequent breach of the same or any other provision.
11.3 No term of the Contract is intended to confer a benefit on, or be enforceable by, any person who is not a party to the Contract (whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise).
11.4 If any provision of these Conditions is held by any court or competent authority to be invalid, unlawful or unenforceable in any jurisdiction in whole or in part, it will not affect the validity or enforceability of the other provisions of these Conditions and the remainder of the provision in question shall not be affected nor will it affect the validity, lawfulness or enforceability of that provision in any other jurisdiction.
11.5 The Contract shall be governed by the laws of Japan, and you agree to submit to the exclusive jurisdiction of the Japanese courts.
11.6 The headings in these Conditions are for convenience only and will not affect their interpretation.
Effective as of June 1, 2012
Whilst every effort is made to update the information contained on this website, neither Ecotwaza Co.,Ltd. nor any third party or data or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, any share price information, research information, data and/or content contained on the website (including but not limited to any information which may be provided by any third party or data or content providers) (“information”) and shall not be bound in any manner by any information contained on the website. Ecotwaza Co.,Ltd. reserves the right at any time to change or discontinue without notice, any aspect or feature of this website. No information shall be construed as advice and information is offered for information purposes only and is not intended for trading purposes. You and your company rely on the information contained on this website at your own risk. If you find an error or omission at this site, please let us know.
The trade marks, names, logos and service marks (collectively “trade marks”) displayed on this website are registered and unregistered trade marks of Ecotwaza Co.,Ltd.. Nothing contained on this website should be construed as granting any licence or right to use any trade mark without the prior written permission of Ecotwaza Co.,Ltd..
External links may be provided for your convenience, but they are beyond the control of Ecotwaza Co.,Ltd. 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. When visiting external links you must refer to that external websites terms and conditions of use.
Ecotwaza Co.,Ltd. is not responsible for any material submitted to the public areas by you (which include bulletin boards, hosted pages, chat rooms, or any other public area found on the website and facebook). Any material (whether submitted by you or any other user) is not endorsed, reviewed or approved by Ecotwaza Co.,Ltd.. Ecotwaza Co.,Ltd. reserves the right to remove any material submitted or posted by you in the public areas, without notice to you, if it becomes aware and determines, in its sole and absolute discretion that you are or there is the likelihood that you may, including but not limited to -
5.1 defame, abuse, harass, stalk, threaten or otherwise violate the rights of other users or any third parties;
5.2 publish, post, distribute or disseminate any defamatory, obscene, indecent or unlawful material or information;
5.3 post or upload files that contain viruses, corrupted files or any other similar software or programmes that may damage the operation of Ecotwaza Co.,Ltd.’s and/or a third party’s computer system and/or network;
5.4 violate any copyright, trade mark, other applicable international laws or intellectual property rights of Ecotwaza Co.,Ltd. or any other third party;
5.5 submit contents containing marketing or promotional material which is intended to solicit business.
6. Specific Use
You further agree not to use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify Ecotwaza Co.,Ltd. against any loss, liability, damage or expense of whatever nature which Ecotwaza Co.,Ltd. or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website to send or post any such message or material.
Ecotwaza Co.,Ltd. makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website, the information contained on the website, your or your company’s personal information or material and information transmitted over our system.
8. Disclaimer of Liability.
Ecotwaza Co.,Ltd. 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 Ecotwaza Co.,Ltd. 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.
9. Use of the Website.
Ecotwaza Co.,Ltd. does not make any warranty or representation that information on the website is appropriate for use in any jurisdiction other than Japan. By accessing the website, you warrant and represent to Ecotwaza Co.,Ltd. that you are legally entitled to do so and to make use of information made available via the website.
10.1 Entire Agreement.
These website terms and conditions constitute the sole record of the agreement between you and Ecotwaza Co.,Ltd. in relation to your use of the website. Neither you nor Ecotwaza Co.,Ltd. shall be bound by any express tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these website terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and Ecotwaza Co.,Ltd. in respect of your use of the website.
Ecotwaza Co.,Ltd. may at any time modify any relevant terms and conditions, policies or notices. You acknowledge that by visiting the website from time to time, you shall become bound to the current version of the relevant terms and conditions (the “current version”) and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the website.
Where any conflict or contradiction appears between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.
No indulgence or extension of time which either you or Ecotwaza Co.,Ltd. may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
Ecotwaza Co.,Ltd. shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party.
All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, 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 pro non scripto and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.
Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of Japan without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the High Court of Japan in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.
All material on this website is protected by Japanese and international copyright law. These materials may not be reproduced, distributed, modified or reposted to other websites without the express written permission of Ecotwaza Co., ltd.
Effective as of June 1, 2012
What We Collect
We may collect the following information:
name and job title
contact information, including email address
demographic information such as postal code, preferences and interests
other information relevant to customer surveys and/or offers
What We Do With The Information We Gather
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
Internal record keeping.
We may use the information to improve our products and services.
We may periodically send promotional emails about new products, special offers or other information that we think you may find interesting using the email address that you have provided.
From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customize this Website according to your interests.
We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
A cookie is a small file that asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyze web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We use traffic log cookies to identify which pages are being used. This helps us analyze data about webpage traffic and improve this Website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of this Website.
Links To Other Websites
Controlling Your Personal Information
You may choose to restrict the collection or use of your personal information in the following ways: whenever you are asked to fill in a form on this Website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or contacting us through the contact form.
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties that we think you may find interesting if you tell us that you wish this to happen.
If you believe that any information we are holding on you is incorrect or incomplete, please contact us at the above address. We will promptly correct any information found to be incorrect.
Effective as of June 1, 2012
Ecotwaza Co., ltd