In these “Terms for Trading of Florever” (hereinafter referred to as “These Terms”), the relationship about rights and obligations between “the Florever Co., Ltd.” (hereinafter referred to as “the Company”) that operates “Website of Florever” (hereinafter referred to as “This Site”) and purchaser of sample-box what the Company sells in This Site (hereinafter “sample-box sold in This Site” is referred to as “Sample-Box”, and “purchaser of Sample-Box” is referred to as “Purchaser”).
WHEN YOU PURCHASE SAMPLE-BOX, PLEASE READ THESE TERMS CAREFULLY AND AGREE WITH ALL PROVISIONS OF THESE TERMS.
Article 1. (Range of Application)
1-1. The Company states the relationship about rights and obligations between the Company and Purchaser of Sample-Box in These Terms, and These Terms shall be applied to any relationship between the Company and Purchaser relevant to trade of the Sample-Box.
Article 2. (Selling Price)
2-1. Selling Price of Sample-Box on This Site is specified as same price regardless of country, region, or address of delivery destination. Selling Price contains consumption tax, local consumption tax, custom duty, and shipping fee, however, the Price does not contain insurance fee such as marine cargo insurance, etc.
2-2. Selling Price of Sample-Box may be changed without prior notice.
Article 3. (Sample-Box)
3-1. About photos of Sample-Box on This Site, size, shape, color, texture, etc. of Sample-Box may be different from Purchaser’s image before offer to purchase because of photography technique (light source, composition, etc.) or situation of screen/display.
3-2. Import of Sample-Box may be prohibited or limited at country or region of delivery destination.
3-3. Purchaser is unable to change or cancel his/her offer to purchase based upon section 3-1 and section 3-2.
Article 4. (Completion of Contract for Sale)
4-1. User who hopes to purchase Sample-Box (hereinafter referred to as “Applicant”) shall offer to purchase by both inputting necessary information and sending to the Company on This Site.
4-2. Purchaser shall check the content of Sample-Box. In addition, Purchaser is unable to change or cancel the offer to purchase based upon his/her lack of check of type, quantity, size, color, etc. of the content of the Sample-Box that he/she offers to purchase.
4-3. Contract for sales between the Company and Purchaser closes at the time that the Company sends E-mail about succession of payment to him/her based both upon content of the offer to purchase by him/her and upon the result of credit-card transactions.
4-4. Purchaser is unable to change or cancel the offer to purchase after the completion of the contract for sale between the Company and him/her.
Article 5. (Payment of Purchased Price)
5-1. Purchaser shall check mount of purchased price, shipping fee, etc. (hereinafter referred to as “Purchased Price, etc.”) that he/she has offered to purchase on payment pages displayed on This Site at the time of the offer.
5-2. Purchaser shall pay Purchased Price, etc. by credit-card transactions (VISA, Master card, JCB, Diners card, AMEX).
Article 6. (Shipping of Sample-Box, Change of Ownership)
6-1. After the completion of payment of Sample-Box specified in Article 5 by Purchaser, the Company dispatches the Sample-Box toward address that he/she has specified at the time of offer to purchase by shipping operator that the Company specified.
6-2. Dispatch of Sample-Box may be delayed because of a reason of the shipping operator.
6-3. Shipping abroad may be delayed or become impossible because of security problem or other domestic situation of country of shipping address or stopover country.
6-4. The Company assumes no liability for any damages of the Purchaser or any third party that arise from section 6-2 and section 6-3.
6-5. Ownership right of purchased Sample-Box and burden of risk shall shift from the Company to the Purchaser at the time that the Company hands the Sample-Box over to shipping operator. However, the credit-card company may retain the ownership right of the Sample-Box based upon terms and condition or contract document of the credit-card company.
Article 7. (Defect or Deficiency in Quantity of Sample-Box)
7-1. If Sample-Box that Purchaser has received has any defect, the Company sends substitute goods to him/her.
7-2. In the case where Purchaser hopes to send substitute goods of previous section, he/she shall claim to send substitute goods against the Company by sending E-mail that both specific content of the defect is written in and photo data that the relevant part is photographed in is attached within 7 working days after the date of “completion of delivering” of international postal tracking service of EMS.
7-3. In the case where Purchaser’s claim of section 7-2 falls under the following, the Company is able to deny his/her claim.
(1) In the case where the Company judges that the defects arise from the Purchaser’s intentionally or negligently;
(2) In the case where the Company receives the Purchaser’s claim after a lapse of period specified in previous section;
(3) In the case where the Company judges that degree of the defect is within the range of section 3-1;
(4) In the case where the claim is based upon deficiency in quantity (because of sample inspection at the time of customs clearing procedure);
7-4. Shipping fee of substitute goods based upon this article is borne by the Company.
7-5. In case where the Company gives instruction or order to Purchaser about disposal of defective Sample-Box, he/she shall comply with the instruction etc.
Article 8. (Cancelation)
8-1. In the case where Purchaser falls under the following, The Company is able to cancel Contract for sales with him/her both without any notification and without any liability in damages against him/her.
(1) In the case where he/she violates These Terms;
(2) In the case where he/she disobeys order or instruction by the Company which relates to important matters of transaction;
(3) In the case where the fact that he/she submits false statements proves;
(4) In the case where undeliverable of e-mail to the address that he/she specifies occurs;
(5) In the case where he/she has not paid the Purchased Price, etc.;
(6) In the case where transaction of using credit-card that he/she specifies has denied;
(7) In the case where the fact that unauthorized use of credit-card that he/she specifies proves, or the unauthorized use is suspected;
(8) In the case where delivery of Sample-Box has not completed despite the completion of dispatch;
(9) In the case where the Company judges that cancelation of transaction is desirable based upon rational reason of the Company;
Article 9. (Exclusion of Anti-Social Forces)
9-1. Purchaser ensures that he/she is not or will not be the following person (hereinafter referred to as “Anti-Social Forces”), and does not have or will not have any relationship with the Anti-Social Forces.
(1) Person who belongs to gang group, company related to gang group, or other organizations that conform to the left items;
(2) Person who does or makes third party does any act to make an unreasonable or illegal request, to use violence act or threatening behavior, to cause damage to credit or obstruction of business by spreading false rumor or using fraudulent means;
(3) Person who has deep relationship with person who falls under the previous two items economically or financially, such as to provide the person with funds or benefits, to use the person for the purpose of obtain illegal benefit, etc.;
9-2. In the case where Purchaser does any act that falls under the previous section, the Company is able to cancel Contract for sales with him/her both without any notification and without any liability in damages against him/her.
Article 10. (Treatment of Personal Information)
Article 11. (Limitation of Liability)
11-1. In the case where delivery of Sample-Box is delayed or becomes impossible because of a convulsion of nature or occurrence of other irresistible forces, the Company assumes no liability for any damages of Purchaser or third party that arise from the occurrence of irresistible forces.
11-2. The Company does not assume any liability beyond the Purchased Price, etc. of Sample-Box, without the case of the intentional, or grossly negligent of the Company.
11-3. Regulated materials based upon the laws and/or regulations such as “Foreign Exchange and Foreign Trade Act” (including related ordinances or regulations) may be included in Sample-Box. In the case where to obtain any permission to import or export the regulated materials is necessary, Purchaser shall obtain the permission at his/her own expense and responsibility.
Article 12. (Change of These Terms)
12-1. The Company is able to change These Terms without any prior notice toward User.
12-2. In the case where the Company changes These Terms, the Company is able to conclude at the time of completion of uploading and displaying on This Site.
12-3. In the case where Purchaser offers to purchase Sample-Box via This Site after the change of These Terms, the Company deems that he/she acknowledges and agrees with the change of These Terms.
Article 13. (Method of Notice)
13-1. Method of notice from the Company to Purchaser including notice related to These Terms shall be by displaying on This Site, sending E-mail to address that he/she specifies and other method that the Company judges appropriate.
Article 14. (Applicable Language)
14-1. Translations of the Japanese version of These Terms shall be provided for Purchasers’ and Applicants’ convenience only.
If difference or contradiction between the translation versions and the Japanese version exists, the Japanese version of These Terms shall prevail.
Article 15. (Jurisdiction/Governing Law)
15-1. These Terms are governed by and construed in accordance with the Laws and regulations of Japan, without reference to principles of conflicts of laws. In addition, Purchaser acknowledges and agrees that “UN Convention on Contracts for the International Sale of Goods (CISG)” does not apply to all trading through This Site.
15-2. In the case where all disputes association with These Terms, Tokyo district court shall have competent and exclusive jurisdiction for the first instance.
Article 16. (Operation Director)
16-1. Operation director of This Site is the below.
Operation Director: the Florever Co., Ltd. Masaaki Moriya
Address: 8-3, Kajicho 1chome, Chiyoda-ku, Tokyo-to, Japan
Phone Number: +81-3-5244-4687 9:00-18:00 (JST; weekdays only)
Establishment Date: September 22nd, 2018