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Table of Contents
- Scope of Application
- Conclusion of the Contract
- Right to Cancel
- Prices and Payment Conditions
- Shipment and Delivery Conditions
- Warranty
- Liability
- Redemption of Gift Vouchers
- Redemption of Campaign Vouchers
- Applicable Law
1. Scope of Application
1.1 These General Terms and Conditions (hereinafter referred to as βGTCβ) of the company NOSTEYA CORPORATION LLC (hereinafter referred to as βSellerβ) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as βClientβ) and the Seller relating to all goods and/or services presented in the Sellerβs online shop. The inclusion of the Clientβs own conditions is herewith objected to, unless other terms have been stipulated.
1.2 These GTC regarding contracts for the supply of goods presented by the Seller in his print catalogue apply accordingly, unless expressly otherwise agreed upon.
1.3 Regarding contracts for the delivery of vouchers, these GTC apply accordingly, unless expressly regulated otherwise.
1.4 For contracts regarding the delivery of vouchers, these Terms and Conditions shall apply accordingly, unless expressly agreed otherwise.
1.5 A consumer pursuant to these GTC is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity.
1.6 A trader pursuant to these GTC is any natural or legal person or partnership with legal capacity acting in the performance of a commercial or self-employed occupational activity when concluding a legal transaction.
2. Conclusion of the Contract
2.1 The product descriptions in the Sellerβs online shop do not constitute binding offers on the part of the Seller, but are merely descriptions which allow the Client to submit a binding offer.
2.2 The Client may submit the offer via the online order form integrated into the Sellerβs online shop. In doing so, after having placed the selected goods and/or services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and/or services contained in the virtual basket. The Client may also submit his offer to the Seller by e-mail, per online contact form .
The contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should the Seller not accept the Clientβs offer within the aforementioned period of time, this shall be deemed as rejecting the offer, with the effect that the Client is no longer bound by his statement of intent.
2.3 When submitting an offer via the Sellerβs online order form, the text of the contract is stored by the Seller after the contract has been concluded and transmitted to the Client in text form (e.g. e-mail, fax or letter) after the order has been sent. The Seller shall not make the contract text accessible beyond this. If the Client has set up a user account in the Sellerβs online shop prior to sending his order, the order data shall be stored on the Sellerβs website and can be accessed by the Client free of charge via his password-protected user account by specifying the corresponding login data.
2.4 Prior to submitting a binding order via the Sellerβs online order form, the Client may recognize input errors by attentively reading the information displayed on the screen. Use of the enlargement function of the browser to enlarge the display on the screen may be an effective method for better recognizing input errors.
The Client can correct all the data entered via the usual keyboard and mouse function during the electronic ordering process, until he clicks the button finalizing the ordering process.
2.5 The Japanese and the English language are exclusively available for the conclusion of the contract.
2.6 Order processing and contacting usually take place via e-mail and automated order processing. It is the Clientβs responsibility to ensure that the e-mail address he provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. In particular, it is the Client`s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.
3. Right to Cancel
3.1 Consumers are entitled to the right to cancel.
3.2 Detailed information about the right to cancel is provided in the Sellerβs instruction on cancellation.
4. Prices and Payment Conditions
4.1 Unless otherwise stated in the product descriptions, prices indicated are total prices and include the statutory value-added tax. Any possible additional delivery and dispatch costs are specified separately in the respective product description.
4.2 Payment can be made using one of the methods mentioned in the Sellerβs online shop .
4.3 If prepayment by bank transfer has been agreed upon, payment is due immediately after conclusion of the contract, unless the parties have arranged a later maturity date
4.4 If a payment method offered via the payment service βStripeβ is selected, the payment shall be processed via the payment service provider STRIPE INTERNATIONAL INC. ; Head Office. 2-8 Saiwai-cho, Kita-ku, Okayama, Okayama Prefecture, 700-0903 ; HQ. 7F 2-2-1 Ojima, Koto-ku, Tokyo 136-0072. (hereinafter: βStripeβ). The individual payment methods offered via Stripe are communicated to the customer in the sellerβs online shop. For the processing of payments, Stripe may use the services of third party payment service providers, for which special payment conditions may apply, to which the customer may be informed separately. Further information on βStripeβ is available on the Internet at https://stripe.com.
4.5 When selecting the payment method credit card, the invoice amount is due immediately upon conclusion of the contract. Payment by credit card is processed in cooperation with STRIPE INTERNATIONAL INC. ; Head Office. 2-8 Saiwai-cho, Kita-ku, Okayama, Okayama Prefecture, 700-0903 ; HQ. 7F 2-2-1 Ojima, Koto-ku, Tokyo 136-0072. (hereinafter referred to as βStripeβ). Stripe reserves the right to carry out a credit assessment and to refuse this payment method if the credit check is negative.Shipment and Delivery Conditio
5. Shipment and Delivery Conditions
5.1 If the Seller offers to ship the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address specified by the Client unless otherwise agreed. When processing the transaction, the delivery address specified in the Sellerβs order processing shall be decisive.
5.2 Should the assigned transport company return the goods to the Seller, because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch. This shall not apply, if the Client exercises his right to cancel effectively, if the delivery cannot be made due to circumstances beyond the Clientβs control, or if he has been temporarily impeded from receiving the offered service, unless the Seller has notified the Client for a reasonable time in advance about the service.
5.3 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the Seller is not responsible for the non-supply and if he has concluded a concrete hedging transaction with the supplier. The Seller shall make all reasonable efforts to obtain the goods. In case of non-availability or partial availability of the goods he shall inform the Client and grant him immediately counterperformance.
5.4 Should the Client collect the goods himself, the Seller informs the Client by e-mail that the goods are available for collection. After receiving the e-mail, the Client may collect the goods in consultation with the Seller at the Sellerβs place of business. In this case shipment costs will not be charged.
5.5 Delivery Time
Shipping usually takes around 4β5 business days. Please note that we ship orders only to addresses within Japan.
5.6 Processing Time
For items marked in stock, processing takes 1β2 days. For pre-order items, it typically takes about 14β21 days. In case of any delay, we will notify you immediately by email.
5.7 Reservation of Proprietary Rights. the Seller retains title of ownership to the delivered goods until the purchase price owed has been paid in full.Warrant
6. Warranty
We grant a guarantee for all our watches for 24 months.
Claims under guarantee are not legitimate for: defects caused by incorrect handling, normal wear and tear or after interventions by third and not authorized people.
In case if such repairs of our products were made without our confirmation in writing the claim of guarantee would expire.
Please note, however, that the following are not covered under the warranty:
- Accidental scratches or damage
- Water damage caused by operating the chronograph pushers underwater outside the watchβs water-resistance specifications
- Damage caused by abnormal or improper use
- Opening the back case by yourself (which voids the water resistance)
The warranty covers the proper functioning of the movement, battery, buttons, and silicone band under normal usage conditions.
If any issues arise during the warranty period, please feel free to contact us.
6.1 Unless otherwise stipulated , the provisions of the statutory liability for defects shall apply. Deviating therefrom, the following shall apply to contracts for the delivery of goods:
6.2 If the Client acts as a consumer, the forwarding agent has to be immediately notified of any obvious transport damages and the Seller has to be informed accordingly. Should the Client fail to comply therewith, this shall not affect his statutory or contractual claims for defects.
6.3 The Seller shall not be liable for defects in the performance of the telecommunications contract for which the respective service provider is solely responsible. In this respect, the relevant statutory provisions and any deviating contractual conditions of the respective service provider shall apply.
7. Liability
7.1 The Seller shall be liable to the Client for any contractual and quasi-contractual claims and for claims of liability in tort regarding damages and effort compensation as follows:
7.2 The Seller shall face unlimited liability regardless of the legal ground
β in case of intent or gross negligence,
β in case of injuries of life, body, or health resulting from intent or negligence,
β in case of a promise of guarantee, unless otherwise provided,
β in case of liability resulting from mandatory statutory provisions such as the product-liability-law.
7.3 If the Seller negligently infringes an essential contractual duty, the liability to pay damages shall be limited to the foreseeable, typically occurring damage, unless unlimited liability applies pursuant to the aforementioned Section. Essential significant contractual obligations are obligations the contract imposes on the Seller according to its content to meet the purpose of the contract and whose fulfillment is essential for the due and proper implementation of the contract and on the fulfillment of which the Client can regularly rely.
7.4 For the rest the Sellerβs liability is excluded.
7.5 The aforementioned provisions on liability apply also to the Sellerβs liability regarding his legal representatives and vicarious agents.
8. Redemption of Gift Vouchers
8.1 Vouchers which can be purchased via the Sellerβs online shop (hereinafter referred to as βgift vouchersβ) can be redeemed only in the Sellerβs online shop.
8.2 Gift vouchers and remaining assets of gift voucher can be redeemed by the end of the third year following the year of the gift vouchersβ purchase. Remaining assets will be credited to the Clientβs voucher account.
8.3 Gift vouchers must be redeemed prior to the conclusion of the order procedure. Subsequent offsetting is not possible.
8.4 Only one gift voucher can be redeemed per order.
8.5 Gift vouchers can be used only for the purchase of goods and not for the purchase of other gift vouchers.
8.6 If the value of the gift voucher is not enough for the order, the Client may choose one of the remaining payment methods offered by the Seller to pay the difference.
8.7 The gift voucher credit will not be redeemed in cash and is not subject to any interest.
8.8 The gift voucher is transferable. The Seller may render performance with debt-discharging effect to the respective owner who redeems the gift voucher in the Sellerβs online shop. This does not apply, however, if the Seller has knowledge or grossly negligent ignorance of the non-entitlement, legal incapacity, or of the missing right of representation regarding the respective owner.
9. Redemption of Campaign Vouchers
9.1 Vouchers which are issued by the Seller free of charge, for a specific period of validity in the context of promotional activities and which cannot be purchased by the Client (hereinafter referred to as βcampaign vouchersβ) can be redeemed only in the Sellerβs online shop and only within the indicated time period.
9.2 Campaign vouchers can be redeemed only by consumers.
9.3 Individual products may be excluded from the voucher campaign, if such a restriction results from the conditions of the campaign voucher.
9.4 Campaign vouchers must be redeemed prior to the conclusion of the order procedure. Subsequent offsetting is not possible.
9.5 Only one campaign voucher can be redeemed per order.
9.6 The goods value should at least be equal to the amount of the campaign voucher. The Seller will not refund remaining assets.
9.7 If the value of the campaign voucher is not enough for the order, the Client may choose one of the remaining payment methods offered by the Seller to pay the difference.
9.8 The campaign voucher credit will not be redeemed in cash and is not subject to any interest.
9.9 The campaign voucher will not be redeemed if the Client, in the context of his legal right to cancel, returns goods paid fully or partially by a campaign voucher.
9.10 The campaign voucher is transferable. The Seller may render performance with discharging effect to the respective owner who redeems the campaign voucher in the Sellerβs online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the non-entitlement, legal incapacity or of the missing right of representation regarding the respective owner.
10. GOVERNING LAW
10. 1 These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Japan.