Terms of Purchase of products

Kotobukiya America, Inc. (hereinafter referred to as “Company,” “we,” ”us,” or “our”) established these Terms of Purchase of Products (hereinafter referred to as these "Terms") that govern the purchases of products or services from Company (hereinafter referred to as "Products") on or through this website (hereinafter referred to as “Site”) by approved members of the Site (hereinafter referred to as “Member”).

Article 1 Purchase of Products

  1. If a Member desires to purchase Products, the Member will order such Products in accordance with the method provided on the Site. The Products to be purchased by the Member, the price of the Products, and other details described in the order pages of the Site will be incorporated into these Terms and constitute a part of these Terms. If the provisions of these Terms are not consistent with the descriptions in the order pages, the descriptions in the order pages will prevail except for cases expressly provided for in these Terms.
  2. These Terms must be confirmed and accepted by the Member at the time of placing an order for purchase of the Products according to the procedure on the Site then in effect. The purchase of the Products is completed when the Member presses the “Pay now” button to place an order, and then the Site notifies the Member by email or other method Company deems appropriate to accept (not just confirm) the order. Company may refuse the order for any reasons before accepting the order. Our confirmation of a Member’s order does not signify our acceptance of the order, nor does it constitute confirmation of our offer to sell. Once accepted by the Member, these Terms shall govern the purchase of the Products.
  3. The Members may cancel an order from the order history on “My Page” only within 24 hours of the completion of the purchase of the Products. However, once the ordered Products have been prepared for shipment by Company, the order cannot be cancelled even within 24 hours of the completion of the purchase.
  4. Company will make best efforts to post accurate prices for the Products, but in the event that an incorrect price is posted and an order based thereon has been received and accepted, Company has the right, notwithstanding anything to the contrary in these Terms or on the order pages, to cancel the completed purchase. In such case, Company will notify the Member of the accurate price and confirm whether the Member still wishes to purchase the Products at the accurate price, subject to availability.
  5. In the event that there is any violation of the WEBSITE TERMS OF USE or the TERMS OF MEMBERSHIP of the Site, Company may, in its sole discretion, cancel, or suspend the performance of, the purchase of the Products, terminate Membership or suspend the Member's eligibility, refuse to accept an order for the purchase of the Products, or take other appropriate measures (hereinafter collectively referred to as “Measures”). However, if you do not believe there was a violation or there was a legitimate reason for the violation, you may inquire through the inquiry form on the Site for the cancellation of the Measures; provided, however, that cancellation of the Measures shall be subject to special approval of Company. Members are personally liable for any orders placed or charges incurred prior to termination of their Membership.
  6. Company may contact the Member to confirm the order before the shipment of the Products if Company reasonably believes there to be some irregularity with the order. As stated in the TERMS OF MEMBERSHIP, purchases of the Products are for personal use only and re-selling of the purchased Products or ordering for the purpose of re-selling the purchased Products is prohibited.
  7. If Company cannot accept an order or complete a purchase procedure due to Internet failure or any other causes not attributable to Company, Company will not bear responsibility therefor.
  8. Company shall not be responsible or have any liability for any purchases that cannot be delivered due to an invalid shipping address provided or confirmed by the Member. In the event a shipping address is determined to be invalid or otherwise unacceptable to Company at the time of purchase, the Member may be prevented from completing the purchase.

Article 2 Delivery of the Products

  1. The Products will be delivered by the shipping company designated by Company. The shipping charge will be borne by the Member in accordance with the amount otherwise stipulated by Company.
  2. Risk of loss and title of purchased Products shall pass to the Member upon delivery of the same to the shipping company, and Company is not responsible for any loss, theft, or damage during such delivery.
  3. The Company will provide the Member's registered or delivery address to the shipping company as of the start of shipping preparation. The Member agrees to the disclosure to and use by the shipping company of the applicable registered or delivery address selected by the Member at the time the order is placed, and all other personal information which would be required for the delivery of the Products.
  4. Depending on the kind of Products, the delivery date as notified to the Member in advance may be changed or the delivery may be delayed or cancelled due to various circumstances. Examples include, without limitation, Products being out of stock, Company being unable to respond to the order, weather delays, worker strikes, causes outside the reasonable control of Company. In these cases, Company will not be held liable for any damages, including without limitation any consequential damages, arising out of such change, delay or cancellation.
  5. If the Products delivered by Company are not received by the Member due to refusal of receipt, long-term absence at the delivery address, or other reasons attributable the Member, the Member may be required to pay the resulting expenses incurred by Company (e.g., re-delivery or return expenses).
  6. If the shipping company designated by Company returns the Products to Company for the reasons mentioned in Paragraph 5 of this Article, Company will cancel the order of such Products, and cancel the payment and refund the amount paid for such cancelled order. In this case, Company may take the Measures.
  7. The shipping address for the Products purchased on the Site is limited to the registered address or shipping address selected by the Member.
  8. If the registered or delivery address selected by the Member falls under particular categories specified by Company (e.g., APO, FPO, PO Box etc.), the Products cannot be delivered thereto.

Article 3 Payment Method

  1. The payment for the Products purchased using the Site will be made by credit card in the name of the Member (using only the credit cards accepted by Company) or other payment methods separately approved by Company.
  2. In the case of payment by credit card, the Member will comply with the terms and conditions separately contracted with the credit card company. In addition, if a dispute arises between the Member and the credit card company, it will be resolved by such parties and Company will not be held responsible therefor in any way. The Member represents that the Member is authorized to use the credit card provided for payment, and that the Member will not purchase the Products using the Site with any credit card that the Member knows to be fraudulent or that the Member reasonably believes cannot or is not authorized to be used for payment.

Article 4 Return of the Products, etc.

  1. Except as required by law, Company does not permit cancellation of the completed purchase, or refunds or exchanges for Products purchased by the Member; provided, however, that Company may provide a refund or exchange for a Product of equal value, at its sole discretion, where the refund or exchange is requested for reasons attributable to Company such as a material defect in the Product, delivery of the nonconforming Products, and delivery of a different quantity of Products than were ordered by the Member. In cases where a refund or exchange is permitted under this Paragraph, the Product must be returned in a like-new condition. Items that are damaged, dented, scratched or missing major contents may be denied a return.
  2. If the Member has any questions or requests for Company in connection with preceding Paragraph, the Member will contact Company in accordance with the methods separately prescribed by Company. For more details, click here.
  3. If any defect or nonconformity is found in the Products, the Member will, within thirty (30) days after receipt of the Products, notify Company of such defect or nonconformity including the details of the defect or the nonconformity and photographs thereof. Upon receipt of the notice, Company shall determine whether the Products contain a defect or nonconformity and if so, shall replace such Product with those containing no defect or nonconformity.
  4. While some Products may be enclosed in a box (including wrapping materials and packaging) specific to such Products, the purpose of such box is solely to protect the Products, and any damage to the box will not be regarded as a defect or nonconformity of the Products themselves.
  5. Any replacement Products will be delivered to the address specified by the Member at the time of order after Company contacts to the Member in accordance with the contact information provided by the Member at the time of order.
  6. The Member will comply with the provisions provided herein when cancelling the purchase after completion thereof and returning and exchanging the Products.
  7. The provisions of this Article 4 do not restrict rights to which the Member is entitled under mandatory laws applicable to the Member.

Article 5 Disclaimer on the Products

  1. Due to a number of factors, such as monitor settings being used by the Member when making a purchase and/or other reasons, the color and shape of the actual Products may differ from those indicated on the screen when viewing the Products on the order pages on the Site. Company will be exempted from any responsibility or liability for such differences.
  2. Company will be exempted from any responsibility or liability by notifying the Member in accordance with the contact information entered by the Member and by delivering the Products to the delivery address as instructed by the Member at the time of the order for the Products.
  3. While Company will make best efforts for publishing accurate and complete information regarding descriptions concerning currency or notations of the Products provided on the Site, Company will not guarantee that there are no errors.
  4. Except for reasons attributable to Company, Company will not be responsible or liable for any damage, loss, or claim arising from the use of the Site, regardless of the causes of such legal claims. In addition, Company will not be responsible for any damage, loss, or claim arising from the Products sold and purchased using the Site, except for reasons attributable to Company.
  5. There may be the cases where the marks necessary for protecting copyright and indicating fulfillment of necessary safety standards are engraved on or attached to the Products.

Article 6 ARBITRATION AND WAIVER OF CLASS ACTION 

  1. EXCEPT AS THE SETERMS OTHERWISE PROVIDE, THE MEMBER AGREES THAT ALL DISPUTES, CONTROVERSIES OR CLAIM BETWEEN THE MEMBER AND COMPANY, ITS AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, PRINCIPALS, SUCCESSORS, ASSIGNS, SUBSIDIARIES OR AFFILIATES ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS (”DISPUTE”) SHALL BE SETTLED BY FINAL AND BINDING INDIVIDUAL ARBITRATION. THE MEMBER AGREES TO WAIVE ITS RIGHT TO BRING OR PARTICPIATE IN ANY CLASS, COLLECTIVE, OR OTHER REPRESENTATIVE ACTION.
  2. Any arbitration will be held before a single neutral arbitrator and will be governed by the [Consumer Arbitration Rules and the Consumer Due Process Protocol] (collectively, "AAA Rules") of the American Arbitration Association ("AAA"). All Disputes shall be governed by the laws of the State of California, without regard to principles of conflict of laws.
  3. ALL DISPUTES, CONTROVERSIES OR DIFFERENCES ARISING OUT OF OR IN CONNECTION WITH THE SERVICE AND THESE TERMS SHALL BE FINALLY SETTLED BY BINDING INDIVIDUAL ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE JAPAN COMMERCIAL ARBITRATION ASSOCIATION. THE PLACE OF THE ARBITRATION SHALL BE TOKYO, JAPAN. THE ARBITRAL PROCEEDINGS SHALL BE CONDUCTED IN ENGLISH. BY AUTHORIZING A PURCHASE OF PRODUCTS, THE MEMBER CONSENTS TO SUCH ARBITRATION.
  4. IF FOR ANY REASON A DISPUTE OR CLAIM MAY PROCEED IN COURT RATHER THAN IN ARBITRATION, EACH PARTY TO THIS AGREEMENT IRREVOCABLY WAIVES, TO THE FULLES EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY), UNLESS SUCH WAIVERS ARE UNENFORCEABLE.
  5. Except as the Terms otherwise provide, the Member waives the right to a trial by jury and to the litigation of disputes in state or federal courts of general jurisdiction. The Member also agrees that it may only resolve Disputes with Company on an individual basis and may not assert a claim as a plaintiff or a class member in a class action, class-wide arbitration, consolidated or representative action and expressly waive its right to file a class action or seek relief on a class basis.
  6. Please read carefully Article 11 (ARBITRATION AND WAIVER OF CLASS ACTION) of the Website Terms of Use for more details.

Article 7 Severability

If any provision of these Terms or any part thereof are deemed invalid or unenforceable, the remaining provisions of these Terms and the remaining portion of the provision found to be invalid or unenforceable will continue to be fully effective.

Article 8 Language

If these Terms are translated into languages other than English, the English-language version will prevail.