Your usage of this online shopping website "The Ganban Exclusive Music Shop" and its services will mean that you have understood and agreed to all the terms and conditions listed in this agreement with Realize Mobile Communications (RMC) who provide this online shopping service.
1. Regarding this service:
This online shopping service provided by Basement Movement Co., Ltd (Ganban), in partnership with RMC, is a service provided for the profitable sale of products.
2. Regarding this agreement:
a) This agreement applies to all customers who use this online shopping service._
b) There is an "agreement for using this website," made by RMC, which may also apply to your using this service_
c) Ganban and RMC reserves their right to update and/or change any of the terms and conditions listed in this agreement by making announcements of such changes here on this website or in manner deemed best by Ganban and RMC.
3. Definition of customers and regarding their registration:
a) Customers are all those who have read and agreed to the terms and conditions@listed herein who will have registered and chosen to follow the instructions outlined to use this website and its services provided by Ganban and RMC._
b) Customers must register their current address, legal name, current phone number and@must notify Ganban and RMC immediately with these changes in the manner required by Ganban and RMC._
c) Customers promise that the information they will be providing is both current and truthful.
4. The definition of our services and usage fees:
The following types of fees may be incurred via the use of these services:
a) The cost of your purchasing a product. Product prices will be displayed on the website. All prices are displayed including tax.
b) Shipping fees for purchased products. Shipping prices will vary depending on the shipment method you select. Domestic shipments within Japan will cost around 600 Yen but cash-on-delivery must be used for shipments to outlying Japanese islands. Please call: 03-5549-1352 for further information or email info@ganban.jp with inquires.
c) Fees can be charged by your mobile phone service provider when accessing this mobile phone website.
5. Purchasing products:
a) Customers will be able to purchase products from RMC and Ganban using this sevice.
b) Customers who wish to purchase products using this service agree to follow the instructions provided by RMC and Ganban to successfully complete their transactions towards their purchase.
c) Purchases made between the customer and RMC and Ganban will only be made after you are asked to view and check the details of your order and asked to confirm the items selected as your purchase request. Customers will be contacted by RMC and Ganban via an email confirmation regarding their request for purchase and only when this letter has been sent will the transaction be considered complete between the customer and RMC and Ganban. When you have not received this email confirmation from RMC and Ganban after a day of your online purchase request it is possible that there had been a network problem, a bad connection, or you may have entered your email address incorrectly. In this case, please call 03-5549-1352 or email info@ganban.jp for further information.
d) Please be aware that in the following cases RMC and Ganban will not be able to provide you with what you wish to order: When a product is out of stock. When you are underage and wish to purchase items which you have to be of legal age to purchase. When you live overseas and want to place an order.
e) RMC and Ganban will reserve their right to refuse and delete an order even if the transaction has been confirmed via email if a customer has been deemed not to have upheld any of the terms and condition outlined in this agreement.
f) If there are any products to which a maximum number one customer can order is limited you will agree to only place orders within this limit.
g) We currently can only make shipments within Japan.
6. Payment methods and instructions:
a) All payments using this service will require your depositing funds into a designated bank account.
b) The payment for your using this service will include placing orders for items from RMC and Ganban, and will be the total sum of charges for the product confirmed in your order, any shipment costs, and taxes.
c) Please go to your nearest bank to deposit the total sum due to RMC and Ganban for your purchase. Please be aware that RMC and Ganban will only deliver items ordered upon confirming your payment. Also, please be careful about making your payment to RMC and Ganban within 5 working days of your receiving our order confirmation notice via email as if we can not confirm your payment within 5 working days of our having sent this out to you, your order might be cancelled.
Please deposit your payment to the following bank account:
Mitsui Sumitomo Bank, Shibuya Branch, Regular Account #8399757_
Account Name: Basement Movement Co., Ltd.
d) Please also be aware of the following:
Please make your payment into the bank account via wire transfer. Payment of any bank service charges will be your responsibility in addition to the full amount due for your purchases. Please make sure that you deposit funds using the same name as when placing your order to help confirm your payment_
7. Regarding receiving your ordered items and their delivery:
a) RMC and Ganban will deliver items confirmed for purchase upon being able to confirm your payment.
b) The delivery of products ordered via this service offered by RMC and Ganban will be made by yourselecting one of the courier services offered. You will be responsible for any and all shipping and handling fees to receive your purchase.
c) RMC and Ganban will contact you with the information you have provided us with,@and will have the delivery made to the address you have provided us with, but will consider the transaction to be complete herein and not be held accountable beyond this extent.
d) Rights to items purchased will transfer to the consumer upon their being delivered.
e) Any danger which may be related to items purchased will transfer to the consumer upon their receipt.
f) RMC and Ganban will not be held responsible for any orders made for items which are out of stock.
g) RMC and Ganban will not be held responsible for any damages or problems which are due to natural disasters, acts of God, and is beyond what is directly account able to either RMC and Ganban.
8. Return policy:
a) We will not accept any returns or exchanges. An exception will only be considered@when there have been damages made during delivery, when items have been delivered in error or there has been a mishandling that RMC and Ganban accepts as due to their responsibility. For further information regarding returns please contact: 03-5549-1352 or email: info@ganban.jp.
Exchanges, returns and cancellations will only be accepted when consumers have been able to send back the received items within 7 days of their receipt from RMC and Ganban.
b) Customers wanting to make exchanges and returns on purchased items agree to do so following all the steps and instructions provided herein or given them by RMC and Ganban.
9. The canceling of your order and denial of your transaction:
RMC and Ganban reserves their right to deny your transaction or cancel your order when it has been made evident that you have not been in keeping with the terms and conditions of this agreement. RMC and Ganban will notify you of your not having been in keeping with the terms and conditions in this agreement and will take necessary actions to seek compensations for any and all damages incurred by you.
10. Regarding the registration of personal Information to use this service:
a) The personal information you provide to RMC and Ganban to use this service including your name, address, telephone number, and email address will be used for the following:
To verify your order with you via email.
To have your order delivered to you.
To be able to offer after-care services and insurance on your orders.
To be able to legitimatize your sale transactions.
To be able to provide newsletters and updates regarding our services and products to those who would like them.
To be able to analyze such gathered information related to our service.
To be able to use such information for uses described on our website.
b) Your using our service will also mean that you have granted permission to have the information you have provided be utilized by RMC and Ganban as stated herein this agreement.
c) In the matter that you have not been able to pay for our services you will also have granted to have your name, address, telephone number and the amount of your debt disclosed by RMC as necessary.
d) RMC and Ganban will make every effort to protect the privacy and personal information received but can not guarantee against damages caused by third parties.
11. Copyrights:
a) All rights besides the copyright and the patent that lies in information included in this service will belong to Ganban.
b) Customers are allowed to use this service provided that they follow the terms and conditions of using this service as outlined in this agreement. This permission does not include any reuse of copyrighted material and patents which Ganban has obtained the permission to use.
12. Prohibited activities:
Customers are required to refrain from the prohibited activities below:
a) You are prohibited from using credit cards in an illegal manner while utilizing this service.
b) You are prohibited from providing false information to RMC and Ganban while utilizing this service.
c) You are prohibited from any illegal resale of items purchased utilizing this service.
d) You also agree to refrain from any other activities that RMC and Ganban has prohibited as outlined herein in this agreement.
13. Customers rights and obligations are not transferable.
Customers will have agreed and accepted all the terms and conditions of this agreement and can not transfer or dispose of their rights or obligations to a third party.
14. Observing the law:
The customer agrees to observe all relevant statutes, rules, and instructions relating to their purchases (which includes but is not limited to observing foreign exchange rates and any of the Japanese trade laws and any restrictions)._
15. Exemptions:
a) Customers understand that entering personal information over online networks can be risky and not be completely immune from some dangers and accepts entering their personal information at their own risk. Customers also agree to not hold RMC and Ganban liable for any such dangers which can affect them when registering their personal information such as their credit card numbers online to use this service.
b) RMC and Ganban will not be liable for any incomplete orders made. These include orders which could not be filled for reasonable causes such as when RMC and Ganban are out of stock of an item and also those orders which could not be filled due to your mobile phone or internet connection being poor and not transmitting your order properly.
c) RMC and Ganban will not be liable for any costs beyond actual refunding of items unless otherwise deemed to be that of a fault of RMC and Ganban and so ruled by the Japanese law. This includes any and all costs customers spent to use this service such as phone and internet costs.
d) RMC and Ganban will not be liable for any damages, losses, or disadvantages which can result from the use of this service or any of the products offered by this service beyond the responsibilities stated within this agreement._
16. Conforming to the laws of Japan:
The terms and conditions in this agreement are to be upheld under the jurisdiction of Japanese law._
17. Mutual agreement:
In the matter that there is a dispute between the customer who has agreed and accepted the aforementioned terms and conditions to use this website service or any of its products, effort will be made to settle this dispute in good faith but when such dispute can not be settled in such a manner it will be taken to a court of Law in Tokyo, Japan, to be settled under the jurisdiction of the Japanese law.
Additional clause:
This agreement has been executed and be enforced as of Aril 10, 2004.
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