CONDITIONS & TERMS

Terms of Use

The Terms of Use for this Site (http://www.neonoperatokyo.com) (hereinafter referred to as the Service), managed and operated by WAKKA Inc. (hereinafter referred to as WAKKA) are as outlined below.

Article 1 Scope of application and changes to these Terms of Use

  1. These Terms of Use apply to you and WAKKA in connection with the provision and the use of the Service.
  2. WAKKA reserves the right to make change these Terms of Use at any time without prior notice.

Article 2 Use of the Service

You agree to observe Japanese law, these Terms of Use and other usage guidelines outlined by WAKKA when using the Service.

Article 3 Users of the Service

The term “Users” refers to people who view, make purchases on or make use of the Service. Use of the Service shall constitute your agreement to observe and be bound by these Terms of Use.

Article 4 Termination of provision of the Service

WAKKA reserves the right to terminate the provision of the Service and to cancel user registration without prior notice in the event of any of the following:

  • if it is found that your registration was cancelled in the past due to a breach of these Terms of Use.
  • n the event that you fail to make payment of monies on time in connection with the Service or in the event of any other non-performance of your obligations.
  • in the event of any breach of the conditions set forth in Article 5 (User conduct) below.
  • in the event of any other breach of the terms and conditions set forth in these Terms of Use.

Article 5 User conduct

You agree not to engage in any of the following and you further agree to be responsible for full compensation of any damages incurred by WAKKA or a third party as a result of any of the following:

  • any conduct that interrupts operation of the Service or any other conduct that may interfere with provision of the Service.
  • registration of false information when you are shopping.
  • any conduct that infringes on the trademarks, copyrights, image rights, privacy or other rights of other users, a third party or WAKKA, or any conduct that poses a risk of the same.
  • any conduct that is seen as offensive to public order and morals or is in violation of relevant laws and regulations or any conduct that poses a risk of the same.
  • any other conduct that is deemed inappropriate by WAKKA.

Article 6 Product purchases

Users can use the Service to make product purchases. When making a product purchase, you will be required to follow the product purchase request procedures outlined by WAKKA. A formal purchase agreement between WAKKA and you will be deemed to have been established upon such time that a purchase confirmation e-mail has been sent by WAKKA to you in answer to a purchase request.

The cancellation of purchase requests set forth above must be made in accordance with the terms and conditions set forth in “ORDER & DELIVERY” outlined by WAKKA.

Article 7 Returning purchased products

When returning a purchased product, you agree to comply with the “ORDER & DELIVERY” procedures outlined by WAKKA.

Article 8 Copyrights

Intellectual property rights for the content provided through the Service belong to WAKKA or other intellectual property rights owners who have authorized their use on the Site.

Regardless of the reason, WAKKA reserves the right to take immediate legal action in the event of any conduct by you prohibited by Japanese or international copyright laws or any other relevant laws or regulations, including but not limited to, unauthorized copying or distribution or otherwise any other unauthorized secondary use of content belonging to WAKKA.

Users will be responsible for resolving, at their own expense, any dispute that may arise with a third party as a result of a breach of any of the provisions of this Article, and shall not hold liable for any damages, losses or costs in connection with said dispute.

Article 9 Disclaimer

When links from the Service to other websites or links to resources, or when links from third party websites or resources to the Service are provided, WAKKA bears no responsibility as regards the content or use of the link destination, or the results of the use of the link (including legality, validity, accuracy, certainty, safety, newness, and completeness, but not limited thereto). When WAKKA logically determines that the content of the link destination website or resources is illegal or is inappropriate for the operation and management of the Service, WAKKA may delete said link without notice to the User.

WAKKA does not bear any responsibility for events in which a User is unable to purchase a product due to restrictions based on these terms.

This site uses machine translation to translate product explanations, product information, and other information into foreign languages that WAKKA establishes at will. In the event that the content of the writing differs between the translated content to that in Japanese, the original Japanese content will take precedence. Even if there are items which differ from the original, WAKKA bears no responsibility in this regard.

WAKKA does not make any assurances regarding, nor does WAKKA bear any responsibility for, damages, loss or disadvantage that arise due to defects in quality, material quality, performance, functionality, and compatibility with other products as regards products sold via the Service.

WAKKA is exempted from all responsibility for shipping-related matters from the time that WAKKA places a product with a Japanese domestic shipping company specified by WAKKA. Also, WAKKA does not bear any responsibility for items related to delivery thereafter or issues that arise during delivery.

WAKKA does not bear any responsibility for any forfeiture, fines, returns, or other measures taken due to purchase or use prohibitions or limitations in the country to which a User belongs.

The material care and washing instructions on products follow standards set by Japanese law, and WAKKA does not make any assurance regarding the compatibility of said instructions with laws, regulations and other standards outside of Japan. If a User incurs damage either directly or indirectly due to the aforementioned indications not being compatible with laws and regulations outside of Japan, WAKKA bears no responsibility for said damages.

WAKKA has made every effort to display, as accurately as possible, the colors of its products online. However, since the actual color a User will see will depend on its monitor, WAKKA cannot guarantee that a monitor's display of any color will be accurate.

WAKKA does not bear any responsibility for any damage, loss, or disadvantage incurred either directly or indirectly by a User in the following cases when WAKKA temporarily discontinues, interrupts, or changes service:

(1) If fire, earthquake, flood, thunder and lightning episodes, blizzard, or other acts of God occur.
(2) If war, internal dispute, terrorism, explosions, riots, or other social instabilities occur.
(3) If WAKKA is not able to receive appropriate service from the telephone company, shipping company or internet provider with which WAKKA contracts.
(4) If WAKKA is unable to respond technologically for some reason.

By executing business in accordance with the content established on the site, WAKKA performs its duties and is freed from responsibility.

When a User harms another User or a third party in some way by using the Service, it is the responsibility of said User to resolve the problem and such User shall not induce any damage, loss, or disadvantage to WAKKA.

Article 10 Service interruption

WAKKA reserves the right to interrupt provision of the Service, whether in part or in its entirety, in order to maintain the satisfactory operation of the Service in the event of any of the following:

  • when required to conduct periodical or urgent system maintenance.
  • when operation of the system becomes difficult due to fire, power interruptions or interference by a third party.
  • when otherwise deemed necessary by WAKKA.

Article 11 Other

When a problem arises in relation to the use of the Service that cannot be solved through the Agreement, WAKKA and the User shall consult each other in good faith to resolve said problem.

If it becomes necessary to litigate regarding the use of the Service, the Tokyo District Court shall be the first exclusive court of jurisdiction by agreement.

The Agreement rejects application of the United Nations Convention on Contracts for the International Sale of Goods and shall be interpreted according to Japanese law.

Information

WAKKA Inc.
2-33-6 Nishihara, Shibuya-Ku, Tokyo, Japan.
TEL: +81 (0)3 6407 8458

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