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terms

Article 1. Purpose of the Terms of Use

The Terms of Use (hereinafter referred to as the "Terms") shall define Terms for services (hereinafter referred to as the "Services") provided by Net System Co., Ltd. (hereinafter referred to as "Net System") on mail-order businesses for business operators, and also define terms for business transactions (hereinafter referred to as "Transaction(s)") with Net System.



Article 2. Definitions

Words and terms used in the Terms have the following meanings:

  1. The term "User" is the user of the Services and Transactions.
  2. The term "Product" is an article which Net System provides for User through Transactions.

Article 3. Scope of the Terms

  1. The Terms shall apply to every relationship on Services and Transactions between User and Net System.
  2. If necessary, Net System may set forth additional terms in order to facilitate the smooth operation of the Services and Transactions. The additional terms constitute the Terms upon notification to User .


Article 4. Changes in the Terms

Net System shall be able to change any of the Terms if necessary, without obtaining any agreement from User. Any change in the Terms shall take effect immediately after Net System notifies User of the change according to any of the appropriate methods that have been defined in Article 5.



Article 5. Notification Methods from Net System to Users

Notification from Net System to User shall be made by a method which Net System considers to be appropriate, for example, via Net System sites, FAX, e-mail, and mail.


Article 6. Handling of User Information

  1. Certain User information will be recorded in the computers managed by Net System.
  2. Net System will use User information for the following purposes:
    • To deliver products and provide after-the-sale service
    • To send e-mail for delivering bargain information regarding Net System's mail-order businesses and other related services/businesses
  3. About the provision and deposit of personal information

    The company name and organization name of a User, and the name, address, phone number, FAX number, and e-mail address of a person in charge, which Net System has collected, will never be provided/disclosed to a third party, except such a case that any of the following applies.

    • When User information described in the previous paragraph is required to operate the Services
    • When User agrees in advance that User information may be used
    • For a business trust company* of Net System, when Net System entrusts the handling of personal information within the scope required for accomplishing the utilization purpose that has been disclosed to User, (where a business trust company* is a company such as a courier company which delivers products, a communication carrier which transfers telephone communications, FAX, and e-mail, and a credit card company which has been specified by User to pay by card)
    • When Net System uses personal information together with a group company of Net System, within the scope required for accomplishing the utilization purpose that has been disclosed to User
    • When Net System needs to refer personal information to a personal credit record agency, to check the paying ability of User
    • When a credit card company requests Net System to check if a card has been illegally used
    • When Net System has to respond to a request for providing personal information from the court, for example, according to the laws and regulations
    • When Net System needs to protect the rights or resources of Net System
    • When Net System has to protect the benefit of other User

Article 7. Responsibility of Users

  1. User shall satisfy the use conditions of the network in connection with the Services, and observe operation procedures, various agreements, and the Terms. When using the Services, User shall not:
    • Infringe (or doing any action which could lead to the infringement of) any of the copy rights, trademarks, and other rights which i) is owned by a third party or Net System and ii) is related to the information included in the Services
    • Interfere with or upsetting the server or networks in connection with the Services
    • Obstruct the operations of the Services by any means
    • Take a fictitious name, announce himself or herself as a representative for an organization or a company without representation/agency right, or disguise an affiliation/partnership with another person or organization
    • Violate any of the Term s or the laws and regulations, whether by intention or by negligence
    • Tamper with the data provided through the Services, without obtaining permission of Net System
    • Use a product at a location other than the country or area where the product has been delivered
    • Export a product
  2. If User does any of the actions described in Paragraph 1 in this article or if the action of User falls within any of the following items, Net System may expel such User or temporarily suspend the use of the Services. In addition, such User shall lose the benefit of term with respect to all obligations arising from the Services and Transactions, and shall immediately make full payment for the obligations to Net System.
    • If User delays or defaults on the payment of debts resulting from the Services or Transactions
    • If a bill or check which User has drawn on or honored is dishonored or payment-suspended
    • If attachment, auxiliary attachment, provisional disposition, compulsory execution, bankruptcy, civil rehabilitation, company liquidation, special liquidation, or petition for corporate reorganization for User is filed
    • If the financial condition of User worsens, or if there is any objective sign showing that the financial condition of User may worsen
    • If Net System judges that User is inadequate as a user.
  3. User shall take full responsibility for the User's actions to comply with the applicable laws and regulations, and shall not divert a product if such an action violates any of the applicable laws and regulations. All products are subject to Japan's applicable laws and regulations.


Article 8. Compliance/ Export Control

  1. User shall comply with applicable laws and regulations including Japanese laws and regulations on export control. User declares that he or she;
    • is not related to the military forces;
    • is not related to the production, use, or sale of weapons of mass destruction or conventional weapons;
    • will not use a purchased Product for illegal purposes such as production, development, use, or storage of weapons of mass destruction or conventional weapons;
    • will not breach applicable laws and regulations including laws and regulations on export control; and
    • comply with US re-export controls as they related to US origin goods.


Article 9. Governmental Sanctions and Restricted Entities

Customer represents and warrants that it is not designated on, or associated with, any party designated on any of the government restricted parties lists, including without limitation, the U.S. Commerce Department Bureau of Industry and Security ("BIS") Denied Persons List; Entity List or Unverified List; the U.S. Treasury Department Office of Foreign Assets Control ("OFAC") Specially Designated Nationals and Blocked Persons List; or the U.S. State Department Directorate of Defense Trade Controls ("DDTC") Debarred Parties List and The Ministry of Economy, Trade and Industry ("METI");The foreign End User list;Japan.



Article 10. Buy and Sell Agreements

  1. Any order by User shall be deemed final with respect to the product, date of delivery and price when the order is received by Net System and its processing is finished.
  2. User agrees that a sell and buy agreement is made final between User and Net System at the time when the processing of order set forth in paragraph 2 above is finished. However, for certain products specified by Net System, the procedure and method for concluding a sell and buy agreement shall be set separately. User agrees that User cannot cancel or change an order after placing the order.


Article 11. Method of Payment

  1. In principle, all payment must be made in Japanese yen.
  2. User shall select a payment method from the options offered by Net System when the user places an order, and shall make payment for the order accordingly. User shall pay all the remittance charges (including domestic and international charges).
  3. User shall agree in advance that if User selects advance payment by a bank transfer and Net System cannot confirm the whole or part of payment for products within 1week after Userfs order, the order will be canceled.
  4. If User selects advance payment by a bank transfer and pays more than the total amount of the order, User shall make a choice between the receipt of a fixed-term coupon for the extra amount or refund through a bank transfer. (If the extra amount is less than the remittance charges, User shall receive a fixed-term coupon for the extra amount.) All the remittance charges for the refund shall be paid by User and be deducted from the refunded amount. In addition, User shall agree in advance that(i)if User doesnft select the refund method within a year and a half, the extra amount shall not be refunded to User and Net System shall obtain the extra amount and (A)after the fixed-term of the coupon expires, the coupon shall not be available .
  5. The refund due to the cancellation described in the paragraph 2 of this Article shall be made in accordance with the paragraph 3 above.


Article 12. Transfer of Title

  1. Title passes to User upon tender of delivery after Net System receives payment from User.


Article 13. Shipping Policy

  1. User is the importer of record and is responsible for complying with all Local laws and regulations for importing products into your country. All orders are shipped under INCOTERMSR 2010 rules as defined by the International Chamber of Commerce. Unless otherwise stated and agreed, the default shipping term is DAP. Please note the User will have to pay any applicable custom duties, taxes, and import fees upon delivery of items purchased and that these amounts are not included in the total amount presented at checkout. Brokerage charges will be billed to User. All refused shipments will be charged return shipping.
  2. Any shipping schedule for a product indicated on Net System sites shall be construed only as an exemplary schedule. User agrees in advance that the delivery date may change depending on the arrival of the product, stock status, or other unexpected reasons.
  3. User agrees in advance that Net System shall not ship the products regardless of the schedule provided in the preceding paragraph until Net System can confirm all the payment for the products.
  4. User agrees in advance that if User's order is not properly processed by the normal operation of Net System because any of the order data or necessary items has not been properly entered or has a typing error, or if there is any unavoidable reason such as a bad transportation condition or bad weather, the year-end and New Year holidays, Japan's holiday, or another unexpected reason, the ordered product may not be delivered by the prescribed delivery date.
  5. Depending on User's Internet connection environment, a time lag may be generated between the transmission time at User and the reception time at Net System. In such a case, the reception time at Net System shall be the order time by User.
  6. The delivery of a product is completed when the product is properly delivered to the "delivery address" described in the "confirmation note for ordered contents."
  7. Net System will not deliver products to a shop of a courier company, private mail box, overseas shipping agency, overseas transferring service provider, army post, or export-banned county.


Article 14. Consumption Tax, Custom Duty, Charge for Delivery

  1. The listed prices of products, Services, and charge for delivery, which are described in Net System sites, are before-tax prices, and hence consumption taxes and custom duties will be added separately. For products which User has bought, User shall pay consumption taxes and custom duties required in the country of User.
  2. User shall pay charge for delivery separately, in addition to the payment for products.



Article 15. Defect of a Product, Returning a Product, Refusing the Receiving of a Product

  1. User shall inspect the contents and defects of a product immediately after the product arrives. If a product has a defect, User shall notify Net System by e-mail from the address that User registered at the user registration, within 10 days from the arrival of the product. If Net System does not receive such a notification within 10 days, Net System may assume that the product has successfully passed through User's inspection.
  2. If Net System receives such a notification, Net System will handle it according to the following:
    • If the product has a defect, Net System will decide whether to replace the defected product with a new one or pay back a bill for the product.
    • If the quantity is not sufficient, Net System will deliver the insufficient quantity of the product or pay back a bill for the insufficient quantity of the product.
    • If the delivered product is not the same as the ordered one, Net System will decide whether to replace the delivered product with the ordered one or pay back a bill for the product.
    • If part of the product is not delivered, Net System will decide whether to deliver the part of the product that has not been delivered or pay back a bill for the part of the product.
  3. If a product already has a defect at the time of delivery, the insurance claim passes to Net System after sending the replacement or paying back a bill for the product based on the preceding paragraph.
  4. Net System shall have the indemnity liability only for damages to User caused by the defect of a product up to a ceiling of the unit price of the defected product. However, Net System will not have a responsibility for any job-related loss profits of Use caused by an item described in this Article.
  5. Net System shall accept the return of products that satisfies all the conditions described below except for the product the relevant page of which states no return is acceptable.
    • Within 10 days from the arrival of the product, a notification has been sent to Net System by e-mail.
    • The product is unopened and unused with no breaches.
  6. When User returns the product based on the immediately preceding paragraph, Net System will exchange the product, issue a fixed-term coupon, or give a refund for the product by User's choice. Provided, however, that any expenses including transportation charges to return the product shall be paid by User if the return is made for a reason attributable to User.
  7. Any return of a product shall be made within 10 days from the date the return is accepted, according to a method specified by Net System. If the product is not returned within the above-mentioned time period, Net System may consider that User is not willing to return the product, and hence cancel the request for returning the product and charge the price of the product if any.
  8. Before returning a product, User shall sufficiently package the product so that the product will endure the transportation. If the product is damaged because of any User's fault, Net System may cancel the request for returning the product and charge the price of the product if any.
  9. The purchase price for a returned product shall be refunded after the product arrives at the returned product reception at Net System, and the price of the product minus 20% of the price as a restocking fee will be charged, and thus the 80% of the price of the product will be refunded.
  10. If the product ordered by User is delivered to the "delivery address" described in the confirmation note for the order, and User refuses to receive the product for any reason attributable to User, Net System may require penalty charge equivalent to the price of the product from User.


Article 16. Installing and Maintaining Equipment by User

  1. User shall install, at User's own expense, any equipment required for receiving the Services online, including a communication device (with a contract with a carrier), computer, software program, and so on (hereinafter referred to as "User Equipment").
  2. To receive the Services, User shall maintain User Equipment so that User Equipment will operate properly, by User's responsibility at User's own expense, and shall access web sites via the provider that User has selected.



Article 17. Exclusionary Clause

  1. If the delivery of a product is delayed or impossible because of any extraordinary natural phenomenon or the enactment, alternation, or abolition of laws or regulations, traffic accident, reprimand by the exercise of public power, accident during transportation, labor dispute, war, or another unavoidable matter, Net System will promptly notify User. If User suffers a loss because of any of the above-mentioned causes, however, Net System and agencies shall not have a responsibility for the indemnification for the loss.
  2. Net System pays special attention to security when User enters User's personal information; however, the User should recognize the risk of information leaks even under such a protected environment and agree that the personal information is not necessarily 100% safe.
  3. Taking into consideration that the Services are provided from Japan, User agrees in advance that products may not conform to the standards of the User's country.
  4. User shall be responsible for any accident or injury caused by inadequate use of Product(s) as a result of lack of understanding on the characteristics of Product(s).



Article 18. Changes in Prices and Specifications

Prices or specifications of described products may be subject to change or close without any prior notice to User.



Article 19. Suspending the Services

Net System may suspend part or all of the Services without any prior notice to User if any of the following items applies:

  1. If any urgent inspection or update of the Services is required
  2. If it is difficult to provide the Services because of any accidental forces such as fire, blackout, and natural disaster
  3. If Net System has to temporarily suspend the Services because of any operational or technical reasons, or if Net System determines that it is difficult to provide the Services because of any contingency situation



Article 20. Refusing the Provision of the Services

If any of the following causes applies or might apply, Net System shall be able to refuse the provision of the Services even after the provision of the Services is accepted.

  1. If the whereabouts of User or the delivery address of the product cannot be identified
  2. If User refuses the receiving of the product
  3. If the delivery company does not deliver the product
  4. If the product is suspended by the customs
  5. If User violates any of the Terms
  6. If Net System determines that it is inadequate to provide the Services



Article 21. Governing Laws

For the enactment, validity, execution, and interpretation of the Terms, Japan's laws shall be applied. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not be applied.



Article 22. Jurisdiction of Agreements

If any trouble on the Terms occurs, the Tokyo District Court shall be appointed as the exclusive agreement jurisdictional court of first instance.




Business Calendar


Net System Co., Ltd.

3-11-7, Iwadokita, Komae-city, Tokyo 201-0004 JAPAN

Contact us by E-MAIL
english@ns-jpn.co.jp

Monday - Friday
AM 9:00-PM 6:00
(GMT+9)
Saturday,Sunday,
National Holiday,
New Year Holidays and Summer holidays are closed.