TERMS AND CONDITIONS OF USE OF WEBSITE
1. Important Notice
(1) Please read the following Terms and Conditions BEFORE using any of the services on and accessing and continue using our website (www.ym-japan.com) (“the Website”). Please note that by using the services on and accessing and continue using the Website, you will be deemed to have agreed to be legally-bound and to abide by these Terms and Conditions (and such amendments as may from time to time be in force). If you do not accept these Terms and Conditions, please do not use the services on and access and continue to use the Website or any part thereof.
(2) In these Terms and Conditions, “User” or “Users” means visitor(s) to the Website through the use of electronic devices including but not limited to computer and mobile phone (“Electronic Devices”).
(3) The Website is owned, maintained and operated by KOA International Limited. Any reference in these Terms and Conditions to the Website shall include reference to KOA International Limited and their respective employees and agents. All references to “we”, “our” or “us” in these Terms and Conditions shall refer to KOA International Limited, unless otherwise specified or unless the context permits.
2. Conditions of Provision of Products and Services
(1) KOA International Limited is a company incorporated under the laws of Hong Kong. All our products are in compliance with all the requirements and specifications under the laws of Hong Kong. We are not in a position to guarantee compliance with specific local requirements or specifications under the local jurisdictions of customers. Users accessing the Website are required to familiar themselves with and observe all relevant legislations and restrictions.
(2) Products and services are made available at our discretion subject to the individual terms and conditions on which they are offered, and the products and services may be withdrawn or amended at any time without prior notice.
(3) We recommend delivery services for shipping of the products you ordered. However, should you prefer other delivery services or forwarders, you may contact us or make your own arrangement. Our products and shipment fees are denominated in Hong Kong dollars. All orders placed are transacted in Hong Kong dollars.
3. Our Trademarks, Service Marks and Copyright
(1) The following trademarks and service marks belong to KOA International Limited or its affiliates and all rights in them are reserved: YM, Yamada Miyura, Yoki Magokoro. These and other YM or Yamada Miyura, Yoki Magokoro graphics, logos, service marks and trademarks of KOA International Limited and its affiliates and subsidiaries may not be used without the prior written consent of KOA International Limited or its affiliates or subsidiaries. All other trademarks, product names, company names and logos appearing on the Website are the property of their respective owners. Nothing on the Website should be construed as granting any licence or right to use any trademarks displayed therein. We retain all proprietary rights on the Website.
(2) All contents on the Website, including design, text, graphics, logos, button icons, images software and audio clips; any improvements or modifications to such content; any derivative works thereof; the collection, arrangement and assembly of all content appearing on the Website, are our property exclusively and are protected by Hong Kong and international copyright and other applicable intellectual property laws. Such contents may not be modified, reproduced, stored in any retrievable manner, transmitted (in any form or by any means), copied, distributed, used for creating derivative works or used in any other way for whatever purposes in any way without the prior written consent of the Company. All software used on the Website are the property of KOA International Limited or the respective software suppliers and are protected by Hong Kong and international copyright and other applicable intellectual property laws.
(3) In relation to any information or materials which Users submit to us using the Website, Users hereby grant to us a royalty-free perpetual licence of the copyright and intellectual property rights in such information or materials for any purpose it deems and implies including, without limitation, the copying, transmission, distribution and publication thereof, unless restricted by applicable law. Users agree that we shall not be under any obligation of confidentiality to them regarding any such information or materials submitted to it using the Website unless agreed otherwise in a separate direct contract between Users and us or required by law.
4. Use of the Website and Security
(1) The Website may currently only be used as a shopping resource or to conduct on-line communications. You may not distribute or commercially exploit the Website or any part of its contents (whether by reproduction, retransmission, dissemination, sale, broadcast, circulation, republication, amendment, re-delivery using “framing” or similar technology or otherwise). Any use of the on-line communication features of the Website may only be used for lawful purposes and you may not post or transmit any material which is objectionable (whether harmful, threatening or otherwise); KOA International Limited reserves the right (but without the obligation or liability) to prohibit or remove any such material.
(2) You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any part of the Website or the contents thereof, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any part thereof, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website, which is strictly prohibited by us.
(3) You may not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or our servers, intranet and data storage device, online shop and payment mechanisms, by hacking, password "mining" or any other illegitimate means.
(4) You may not probe, scan or test the vulnerability of the Website or our servers, intranet and data storage device, online shop and payment mechanisms, nor breach the security or authentication measures thereon. You may not reverse engineer, trace or seek to trace any information on any other user of or visitor to the Website including any member account not owned by you, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.
(5) You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or our servers, intranet and data storage device, online shop and payment mechanisms.
(6) You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
(7) You may not forge other visitors or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
(8) You may not use the Website or any content for any purpose that is unlawful or prohibited by these Terms and Conditions, or to solicit the performance of any illegal activity or other activity which infringes our rights.
(9) We endeavour to ensure the security of User’s data and information transmitted via the Website by the use of encryption technology. To protect privacy and assets, Users should not disclose account number, username/member ID/login ID and password to anyone and should avoid sharing the use of the Electronic Devices. Moreover, Users are reminded not to access the Website through hyperlinks embedded in third party’s email.
(10) Use of the Website may carry risks, including any loss or damage caused to User’s data or Electronic Devices (including its settings), interception, interruption or corruption in the transmission of instruction or messages, and unauthorized use of password due to the auto-password-saving feature of certain Electronic Devices. The Company is not responsible for any such risks.
5. Disclaimer
(1) The site and its contents are provided on an “as is” basis without warranties of any kind, whether express or implied (including without limitation, merchantability, title, fitness for particular purpose, freedom from computer virus, non-infringement of third party rights, compatibility, security, accuracy and completeness) either express or implied and are subject to change and may be withdrawn at any time without prior notice. We are only providing a platform for the sale of products and services via the Website and shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages (including damages for loss of profit or intangible loss related to your use of the Website or use of any of the products purchased and services subscribed via the Website). Please read all information, warranties or warnings provided by the manufacturer, owner or seller of the products on or in the product packaging and labels before using any products purchased as well as the terms of use applicable to the services subscribed. We shall not be liable for the accuracy, fitness for a particular purpose or quality of such products and it is your responsibility to evaluate such information.
(2) Although we use reasonable efforts to have the colors of the images of its merchandise displayed as accurately as possible on the Website, we do not warrant that the color will be accurately displayed on your monitor. Information and materials contained in the Website may be provided by or taken from third party source which we believe to be reliable. We have not verified and do not warrant or represent that such information and materials are accurate, complete or fair. Statistical, experimental and survey data are presented in approximate, summary or simplified form and may be subject to change over time without notice. We accept no liability (whether in tort or contract or otherwise) for any loss or damage arising from any inaccuracies or omissions.
(3) No information or materials contained in the Website should be regarded as an offer or solicitation to sell, subscribe, or provide any recommendation or advice to any person. The information or materials is not intended to be relied upon as the basis for any decision to be made by Users. Users should consult their own professional adviser before making any decision to consume any product or subscribe any service.
(4) We exclude and disclaim all liabilities for any direct, indirect, consequential, special or incidental damage, loss or expense, whether caused by negligence or otherwise, which has arisen directly or indirectly from the use of or reliance on any information or material contained in the Website or any site owned and/or operated by any third party accessed using a reference from the Website or by hyperlink, bookmark recommendation or otherwise, in all the above cases whether or not we have been notified of the possibility of such damage, loss or expense. Our inclusion of hyperlink in the Website does not imply any endorsement of any information or material on linked sites.
(5) We exclude and disclaim all liabilities for any error, omissions or inaccuracies in the information and materials contained in the Website and the hyperlink and for any loss or damages, resulting from its use or reliance, or inability to use, by any party or in connection with any error, interruption, delay in operation or incomplete transmission, absence or failure of encryption during transmission (including data download or upload), non-receipt or part-receipt of transmission, transmission blackout, delay in transmission, line or system failure or computer virus, and we are not responsible in any manner for direct, indirect, special, incidental or consequential damages arising thereof.
(6) We exclude and disclaim all liabilities for any loss or damage (including special, incidental or consequential loss or damage) (whether direct or indirect) including but not limited to, any defect, error, imperfection, fault, mistake, unavailability or inaccuracy of the Website their contents or associates services howsoever caused resulting from any viruses, Trojan horses, worms, software bombs or similar items or processes arising from using the Website where such event arose out of circumstances beyond our reasonable control.
(7) We shall under no circumstances be liable for any failure of performance, system, server or connection failure, error, omission, interruption, breach of security, virus, malicious code, corruption, delay in operation or transmission, non-receipt or part-receipt of transmission, transmission error or connection with User’s accessing to the Website even if the Company had been advised as to the possibility.
(8) The use of and access to the Website is entirely at User’s own risk. We do not represent or warrant that no viruses or other destructive properties will be transmitted or that no damage will occur to User’s Electronic Devices. Users are solely responsible for adequate protection and back up of data and/or equipment and for undertaking reasonable and appropriate precautions to scan for viruses or other destructive properties and to prevent, safeguard and ensure that no virus enters Users’ Electronic Devices. We make no representations or warranties concerning the accuracy, functionality or performance of any third party software that may be used in connection with or as a result of using and accessing the Website.
6. Indemnity and Limitation of Liability
(1) You agree to indemnify and defend us and hold us harmless from and against all losses, expenses, damages and costs (including legal fees on a full indemnity basis) arising from any breach or non-observance of these Terms and Conditions or any other activity by you in connection with your use of the Website. You further agree that we shall not be held liable howsoever for your use of the Website and you agree to waive all claims that you may have against us for any loss or damages you may sustain in connection with your use of the Website. In the event that this disclaimer is unenforceable, our total liability of ym-japan.com, if any, for losses or damages shall not exceed the fees you paid for the particular service or product upon which liability is based.
7. Links to Other Sites
(1) Occasionally, we may make available a link to a third party’s website. These links will let you leave the Website. The linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Users use these links at their own risk and we are not responsible for webcasting or any other form of transmission received from any linked site.
(2) We provide the links only for convenience and to enhance User’s experience and are made available for information purposes only. We endeavor to select reputable websites and sources of information for User’s convenience. However, by providing these links, we shall not be deemed to endorse, recommend, approve, guarantee or introduce any third parties or the services / products they provide on their websites, or to have any form of cooperation with such third parties and websites.
(3) Any link to Websites that contain downloadable software are provided for User’s convenience only. We are not responsible for any difficulty Users may encounter in downloading the software or for any consequences from doing so. The use of any software downloaded from the Internet may be governed by a licence agreement and User’s failure to observe the terms of such licence agreement may result in an infringement of intellectual property rights of the relevant software provider for which we are not in any way responsible.
(4) When Users click on a link and leave the Website, Users shall be subject to the terms of use and privacy policies of the other website that Users are going to visit.
8. Links from external Websites to the Website
(1) Users must always obtain our prior written approval before creating a link of the Website in any form from a third party website. We may or may not give such approval at its absolute discretion. In normal circumstances, we may only approve a link which displays plainly our name and/or the address of the Website. Any use or display of our logos, trade names and trademarks as a link will not be approved unless in very exceptional circumstances and may be subject to a fee as we may determine at our absolute discretion.
(2) The Company shall not be responsible for the setting up of any link of the Website from a third party website. Any link so set up shall not constitute any form of co-operation with or endorsement by us of such third party website. Any link to the Website shall always be an active and direct link to the Website and shall be made directly to the home or front page of the Website only and that no “framing” or “deep-linking” of the Website or its contents is allowed.
(3) We are not liable for any loss or damage incurred or suffered by Users or any third party arising out of or in connection with such link. We reserve the right to rescind any approval granted and/or to require the removal of any such link at our sole discretion at any time without any notice or compensation.
9. Cookies
(1) We use cookies in order to improve your shopping experience when you visit the Website. Cookies are small pieces of information that your web browser stores on your Electronic Devices when you visit a website. Our cookies let us personalize your visits to the Website and recognize you when you return. The information collected by “cookies” is anonymous visitor’s personalized settings information and contain no name or address information or any information that will enable anyone to contact the User via any means. No personally identifiable information will be collected or stored by us through the use of “cookies”. “Cookies” with a unique identifier assigned by us will be stored in the User’s web browsers throughout the session after login. Cookies will be expired upon logging out.
(2) Most browsers automatically accept cookies. You can disable cookies on your Electronic Devices by indicating this in the preferences or options menus in your browser. If you disable cookies, you will not be able to shop at the Website but will still be able to visit selected areas of the Website.
10. Our Privacy Policy
(1) Unless restricted by applicable law, Users agree that any and all personal information/data relating to the Users collected by us whether through the Website or any other means from time to time may be used and disclosed for such purposes and to such persons as may be prescribed in accordance with our Privacy Policy and Personal Information Collection Statement (“Privacy Policy”).
11. Your consent
(1) By using the Website, you consent to the collection and use of your personal data in a manner consistent with the Privacy Policy. If we decide to change our Privacy Policy, we will post the amended Privacy Policy on the Website, so you will always be aware of our policies and practices in relation to personal data.
12. Order Terms
(1) All orders are subject to other order terms to be specified from time to time in addition to these Terms and Conditions.
13. Use of Forwarder
(1) We recommend delivery services for shipping of the products you ordered. Your rights regarding the delivery of the products shall be governed by the terms and conditions of such a forwarder, which will be available upon request. By choosing the forwarder we recommend, you agree that we will appoint such a forwarder to handle all the aspects of the delivery on your behalf. We will not be responsible for any act or failure to act on the part of such a forwarder. We disclaim any liability whatsoever and you assume all risks and liabilities associated with its use.
(2) While we strive to process your orders and your delivery instructions on the next working day, we are unable to guarantee on behalf of forwarders that all delivery orders can be performed or can be performed as scheduled.
(3) However, you are free to choose other delivery services or use whichever forwarder for the delivery. In case you wish to use a forwarder which is different from our own suggestion, please contact our Customer Service Representatives at (852) 3122 3122 during office hours or by e-mail to enquiry@ym-japan.com. Please note that the delivery time may take longer if you choose your own forwarder.
14. Free Delivery within Hong Kong
(1) In case you choose to use the forwarder that we recommended and your order reaches a particular Net Order Amount (please read our DELIVERY POLICY which may be subject to change from time to time), we will pay the shipping fee to the forwarder on your behalf. Your order will be shipped by the shipping method specified for free.
15. Delivery out of Hong Kong
(1) In case you require your orders to be shipped out of Hong Kong, you will be subject to additional charges depending on various factors, including your Net Order Amount and destination (please read our DELIVERY POLICY which may be subject to change from time to time). Your rights regarding the delivery of the products out of Hong Kong shall be governed by the terms and conditions of the forwarder, which will be available upon request.
16. Resale Purpose is Not Permitted
(1) All products sold and services subscribed are for customers’ use only and shall not be commercially resold. We may reject any purchasing order which is suspected for resale purpose.
17. Title of Products, Documents and Fees to Import
(1) All title of products will be passed to customers when an order is completed on the Website and when such order is confirmed. We shall deliver the products according to customers’ instructions.
(2) For many international shipments you may be required to pay customs and duties, obtain certain licence or apply for registration of your purchased products in your own country to receive delivery of your package. The customs charge and / or import regulation is determined completely by the government of your country, and as such we have no control over these costs or regulations. As such, we shall not pay, nor be held responsible, for such costs or arrange for application of import license. By continuing with your order, you agree to be responsible for any customs or duties incurred as a result of your country’s customs and duties regulations as well as obtaining any import registrations or license required for the products you are purchasing. If the package is rejected by the customs of your home country or otherwise and returned to us, you will be responsible for the return shipping charges, all government charges and a re-stocking fee of 15% of the total product purchase price.
18. Return and Exchange Policy
(1) All products and services are non-refundable unless all conditions set out in our Refund Policy are met. No request for refund, return, exchange or compensation will be entertained for any complimentary items and gifts. Returns under the following conditions are not acceptable :-
(a) Product that is returned more than 14 days after receipt;
(b) Product that have been opened or used (taken out of its plastic wrap or box);
(c) Product that is not in its original condition, is damaged, or is missing with any parts;
(d) Discount, clearance or sales product that hawse have already stated to be non-returnable;
(e) Free gift product and samples;
(f) Original receipts are not provided;
(g) Products that are not purchased at YM stores or through the Website;
(h) Products that are under Yamada Series;
In the event of dispute, our decision shall be final and conclusive.
(2) All the products are checked for quality before dispatch. Whilst we use our best efforts to ensure that the product is delivered to you in a perfect condition, the product may be damaged during delivery. Should this happen, please return the damaged or wrong product by simply follow our return procedures described below.
(3) We do offer exchanges only if you received a damaged, defective, or incorrect product. We will arrange to re-send the product in the same form of shipping method originally used for purchase without extra delivery charge. If you have returned a damaged, defective or incorrect product to us, the return shipping fee will also be refunded to you.
(4) Only in case the product is out of stock, we will refund the value of product in the same form and currency of payment originally used for the purchase.
(5) The burden of proving to our satisfaction that a product is damaged, defective or incorrect rests on you.
19. Return Procedures
(1) In just a few simple steps, you can pack and send your return to us :-
(a) Click Contact Us and select “Online order > Return & Exchange” from the enquiry type;
(b) Provide us with your Order Number, indicate returned products and the reason for your return in the input box area;
(c) Pack the returned products along with our acknowledgement email securely in a box that we can expedite your request;
(d) Send the returning items by mail to KOA International Limited, Suite 1514-15, 15/F., Tower 3, China Hong Kong City, China Ferry Terminal, No.33 Canton Road, Tsimshatsui, Kowloon, Hong Kong; and
(e) All return shipping fee must be prepaid. We cannot accept COD returns.
20. Refund Policy
(1) All products and services are non-refundable unless all conditions set out in our Refund Policy are met. No request for refund, return, exchange or compensation will be entertained for any complimentary items and gifts. Only in case a product is eligible to be returned and exchanged pursuant to our Return and Exchange Policy but is out of stock then we will refund the value of product in the same form and currency of payment originally used for the purchase. All non-returnable or non-refundable items will neither be refunded nor returned to you.
(2) Original shipping and handling fees with the return will not be refunded. We can only refund the total value of products. And if you order was placed with a promotion code or free gift, you must return them together in order to have the refund. Otherwise, original price of the product will be deducted from the refund.
21. Refund Timeline
(1) Refund will be issued to the same account holder and in the same form and currency of payment originally used for purchase. It will take about 8 weeks (or longer period of time for which we do not guarantee) for us to process a request for refund.
(2) For Alipay transactions, refund request will only be entertained if made within 90 days from the date of successful payment. For transactions over 90 days, no refund will be made but we shall issue online cash coupon for use on the Website.
(3) Administration fee will be charged for refund by Telegraphic transfer and the administration fee is non-refundable. Cash refund is not available at present. We may issue cheque(s) instead.
(4) For orders delivered to the mainland China, refund will be made in Chinese Yuan Renminbi by default. Whenever refund is required for Alipay or other non-Chinese Yuan Renminbi settlement orders, we reserve the right to refund in Hong Kong currency.
22. Undeliverable Orders
(1) Occasionally, orders are returned to us due to provision of incorrect or incomplete address, a PO Box or hotel address, failed delivery attempts, refusal to pay tax / refusal to provide ID Copy / unable to make import declarations or parcel refused by recipient. When the delivery agent returns an undeliverable package to us, we will issue a refund by deducting the original shipping fee, handling fee and 15% of the value of products as re-stocking fee (or HK$25.00 for undeliverable orders with an address in Hong Kong).
(2) We can re-ship orders that are returned to us as per your request. However, customers will be charged again for the shipping fee accordingly.
23. Abuse
(1) Anyone who abuses or is in breach of these Terms and Conditions (including our Return and Exchange Policy and Refund Policy) (for which we reserve the sole and absolute right to determine who is in breach or abuses) will be met with the following consequences (which is not an exhaustive list) without any compensation whatsoever :-
(a) we shall cancel and reject all orders placed by him/her;
(b) his/her membership will be terminated;
(c) all bonus acquired by him/her will be absolutely forfeited;
(d) all discounts, coupons and/or benefits available to him/her will be terminated and forfeited.
And we reserve the right to take such further action(s) as we deem fit and appropriate.
24. Termination
(1) We may terminate or suspend your access to all or part of the Website, without notice, for any conduct that we, in our sole and absolute discretion, believe is or may be in violation of any applicable law or is harmful to us, the Website or a third party.
25. Amendment and Modification
(1) We reserve the right in our sole and absolute discretion to amend and/or modify from time to time without prior warning or notice any information or material contained in the Website and/or these Terms and Conditions and/or Privacy Policy as well as other terms and conditions applicable to a particular product and service. You should therefore read these Terms and Conditions and other terms before you place an order.
26. Language
(1) The Chinese and Japanese versions of these Terms and Conditions are for reference only. If there is any conflict or inconsistency between these versions, the English version shall prevail.
27. Miscellaneous
(1) Users acknowledge that these Terms and Conditions shall be in addition to and shall not limit any specific provisions set out in the individual terms and conditions applicable to any particular product or service offered by us.
28. Governing Law
(1) These Terms and Conditions shall be governed by and construed in accordance with the laws of Hong Kong Special Administrative Region. Users irrevocably agree that the courts of Hong Kong Special Administrative Region shall have exclusive jurisdiction in relation to any claim or dispute concerning or arising from these Terms and Conditions.
29. Further Information
(1) If you have questions about these Terms and Conditions, please contact us by email at enquiry@ym-japan.com, by phone at 3122-3122 (working hours: Hong Kong Time: 09:00 – 18:00, Monday to Friday) or by mail to KOA International Limited, Suite 4102, 41/F., Hopewell Centre, 183 Queen's Road East, Wanchai, Hong Kong.