This terms and condition applies to the entire relationship between the consumer of merchandise (hereinafter referred to as "consumer") and Hobby Search Co., Ltd. (hereinafter referred to as "we" or "us"), where the consumers purchase merchandise using our service of sales (hereinafter referred to as "this service") we offer for purchase of various merchandise etc. (hereinafter referred to as "product") at "Hobby Search" (hereinafter referred to as "this site").
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Article 2: Establishment of Sales Contract |
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The contract will be considered agreed upon, and will take effect once the consumer completes an application of purchase, and we send the consumer a notification for acceptance of their application.
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The consumer must use our "Shopping Cart" system in order to apply for purchase of products. We will have the right to decline any application of purchase that does not use the Shopping Cart.
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The notification for acceptance of purchase application mentioned in the preceding clause will be sent by email to the consumer's email address, which they had provided during purchase application process. The notice of acceptance will be sent in the form of "Order Confirmation".
However, any incomplete "Order Confirmation" mail will be regarded invalid, and the consumer has the responsibility to check and confirm the content of the "Order Confirmation" email that they receive, and must report to us immediately if there is missing information on the "Order Confirmation" email such as product information for the ordered items etc. which must be included in a "Order Confirmation" email.
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The consumers must update their email setting where necessary to allow acceptance of emails from our domain (@1999.co.jp), before processing the purchase application.
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In cases where the consumer does not receive a notification for acceptance of purchase application even if they had completed the purchase application process, they must make contact with us before the start of operation for the following business day, counting from the moment the purchase application had been sent.
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We will not take any responsibility if a member neglects the obligation specified in the fourth clause or other preceding clause of this article, and suffers loss due to the said nonfulfillment.
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Article 3: Sales Condition |
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The consumers must agree to all the articles specified on this Terms and Conditions of Product Sales, as well as that of the "Hobby Search Website Terms of Service" on this site.
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We hold the right to deny the conclusion of the sales contract with the consumers who correspond to the following:
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(1) |
If they do not agree to this Terms and Conditions of Product Sales.
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(2) |
If they do not follow our instructions, or had failed to follow our instructions in past transactions.
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(3) |
If the consumer processed application of purchase without using the Shopping Cart system we provide.
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(4) |
If the consumer had denied acceptance of orders or had left orders unpaid.
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(5) |
If the consumer had caused cancellation or product return that differs to the procedure we specify in the past transaction.
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(6) |
If the consumer had received any sort of penalty from us in the past transaction.
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(7) |
If there are any other reasons we judge the consumer to be unfit as a member.
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The consumer is to bear any extra expenses such as shipping and handling fee, tax, payment transaction fee, or any other fees that may arise.
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We may collect tax at the point of sale for the countries where we are either obligated or authorized to do so.
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We have the right to set purchase requirements, total quantity sold, purchase quantity restriction per consumer etc. for each product, and the consumer is to have agreed with this limitation in advance.
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The consumer must keep in mind that there could be possible difference in color, form, size, quality, or other differences that may influence the purchasing decision, caused by the skill of photography, explanation of the product, or margin of error for manufacturing processes etc. and the consumer is to have understood and accept this possible difference in advance.
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Article 4: Points of Consideration for Purchase and Reservations |
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The consumers must understand that not all products listed in the product inventory are in our stock, and there is a possibility of stock shortage even if a product is listed on the product inventory.
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The consumers must understand that for pre-ordered products, there are possibility of delay in release date, reduction of production quantity, or cancellation of production leading to the product not being stocked etc., due to the convenience of the parties such as the manufacturer or our trading wholesaler etc..
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The "Notify when available" function is not an option for purchase or pre-order.
If a consumer wishes to purchase the product, they must place an order separately when the product becomes available.
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For products registered with the "Notify when available" function, we do not guarantee if the product will actually be stocked / restocked, or required time for the product be stocked etc.
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Article 5: Payments |
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The consumer is to process payment of orders using the method they had selected among the payment options we offer for that order.
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Consumers will pay the purchase cost before shipment of their order, but may be required to pay any additional fee mentioned in the 3rd clause of Article 3 that we do not charge for, when processing payment or on acceptance of package etc. so please check the tax and custom rules of your country and payment provider etc. prior to purchase.
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Shipment fee will be machine calculated based on the total product weight included in the order and the weight of packaging material required. However, if there is the change in the total amount due to stock shortage, it will be calculated based on the total weight after the change.
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The consumers must obey to our instruction regarding payment of orders.
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Consumers must not process any payment by method we do not offer or instruct.
The method of payment we offer is specified on the Payment Option Chart.
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We hold the right to execute any number of the following listed acts, to the consumers who do not complete their payment within the payment period of their orders specified on the Payment Option Chart, or those we judge to be refusing payment of their orders:
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(1) |
Cancellation of the sales agreement with said consumer.
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(2) |
Suspension of shipment of orders by said consumer.
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(3) |
Cancellation of the reservation etc. of said consumer.
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(4) |
Restriction of payment method options for future purchases by said consumer.
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(5) |
Refusal of acceptance for future orders by said consumer.
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(6) |
Deprivation of the membership on this site or suspension of said consumer's Hobby Search Account.
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(7) |
Demand or urge payment etc.
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(8) |
Assignment of debt collection to a debt collection agency.
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(9) |
File a lawsuit regarding enforcement of payment duties.
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Consumers who processed payment by methods we do not offer, or consumers who did not follow our instruction regarding payment are to take all legal responsibility caused by the said illegal action etc.
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Consumers must contact us by email in advance, if they need to delay payment due to inevitable circumstances.
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Article 6: Shipment of products |
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We will ship orders to the shipping address registered by the consumer.
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We will generally ship orders using the method the consumer had selected from options we offer. However, if the product exceeds the size/weight limitations etc. for the method of shipment the consumer selected, or if we judge the said method dangerous for shipment of the product, we will use the alternative shipping method we specify.
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We will process shipment of orders to consumers after confirmation of payment, as swiftly as possible within reason. However, if the order includes reserved products or multiple products, or if there is a date of shipment agreed upon in advance, this is not the case.
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If there is long delay in shipment, we will announce this on our website.
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We will regard the order to have been received by the said consumer when we complete the shipment mentioned in the first clause.
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We or the delivery company that process the shipment of an order, will not be held responsible if the consumer is unable to receive their order, due to problems such as inaccurate, incorrect, unfilled information etc. or any other error that the consumer is responsible for, in regards to the required information they had provided for delivery of orders, such as address of destination, recipient name, or phone number etc.
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We have the right to cancel this Terms and Conditions of Product Sales if the order is returned to us, due to reasons such as absence of the consumer during delivery etc.
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We have the right to cancel the Sales Contract if the consumer reject acceptance of the order
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Unless otherwise specified, the consumer is to bear any and all fee that arise for shipment of orders, returns, re-shipment etc. and any other fees such as tax and handling fee etc.
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If the consumer selects SAL Small Packet or ePacket Light for shipment of their order, they are to take full responsibility for any damages or losses to the package during delivery.
We will not be held responsible for any damages or losses caused during shipment, and by selecting or requesting SAL Small Packet or ePacket Light for shipment of their order, the consumer is considered to have understood and agreed with this risk.
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If the shipping method which the consumer selected is unavailable for their order, due to their order exceeding the size/weight limitation of that shipping method etc., we may change the shipping method to a method that allows shipment of said order without notice to the consumer, and the consumer is to have understood and agreed with this possibility of change in shipping method in advance.
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Article 7: Reservation of product |
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Consumers are able to reserve products to be purchased from us prior to the product's release date.
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Shipping cost and availability of certain shipping options for reserved products will not be known until the product comes into stock, due to size/weight information being unavailable until the product comes into stock.
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For products before release, we will obtain the quantity equivalent to the number of reservation we had received to the best of our abilities. However, we will make no guarantee that we can secure the said quantity of the product.
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Consumers are able to reserve multiple products in one transaction. Further, consumers are able to select the shipping arrangement from either the "Monthly Shipment per Order Number" or "Ship on Release" options.
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If the consumer reserves multiple products and selects "Ship on Release", we will process shipment of each product as they come into stock. If the consumer reserved products that have different release dates, we will also ship the products as they come into stock. However, if the release date falls on the same date, we may combine the shipment where we judge appropriate.
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For consumers who selected "monthly shipment per order number" as the shipping arrangement option of their reservation, and also have multiple products reserved which are scheduled to be released in the same month with a single order number, we will ship those products together in a single package.
If the release date of the reserved product are changed and does not come into stock within the same month, products that comes into stock first will be held until the end of that month, along with other products that comes into stock during this time which have the same order number, and the products that are available at the beginning of the following month will be processed for shipment together.
For orders consisting of already released items and reservations, these items cannot be combined for shipment even if they have the same order number.
Only reservations with the same order number can be combined for shipment. Reservations with different order number cannot be combined for a single shipment. If it is necessary to have shipment of products with different order numbers to be combined, the consumer must use the "Order Recombination" function available from their account page.
However, we may combine orders where we find appropriate, if products a consumer had reserved are stocked on the same day.
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Article 8: Combined shipment and Order Recombination |
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For consumers who order multiple reserved or already released items, we will ship the products in a single shipment, as long as the consumer processed order recombination.
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Members of this site are able to recombine their reserved products from different transactions to merge them into a single package.
However, members must understand and agree in advance that products will be shipped separately if the release date is changed to a different month, or if the package exceeds the size/weight limitation of that method.
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As an exception, we may decide to combine orders for shipment even if the consumer had not processed order recombination, if there are ordered or reserved products that comes into stock on the same day and the timing of order processing matches, and if we deem it appropriate to combine them.
However, this does not guarantee combined shipment of items that are released on the same date, as this depends on the timing of the day the product comes into stock.
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If the sales price is changed after confirmation of the order, the new sales price will be applied if order recombination is processed for that order.
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Article 9: Product and Shipping Problems |
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We will not accept any product returns or refund etc. which are due to the convenience of the consumer, all sales are final. We will only accept return of product in cases of shipment error or product defects that we confirmed and acknowledge as a defect.
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If a consumer receives a product different to what they had ordered, they must contact us through the provided form, and follow our instructions.
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If we judge the problem in the above clause to be color difference or defect that are within the margin of expected difference described in the 5th clause of Article 3, we will not consider the product to be defected, thus the first clause of this article applies.
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If there is damage, defect, or missing parts etc. to the product at arrival before being opened, the consumer must contact us through the provided form for problems with products.
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If there are any traces of damages to the container of their order etc. such as dent, tear or hole on the cardboard shipping box etc., and the product damage is judged to be caused during shipment, the consumer must report to us the possibility of shipment damage, and must follow our instructions based on our judgment. Further, the consumer must contact us through the provided form for problems with products.
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Claim for the damaged product, defect or missing parts etc., stated in this article must be reported within 7 days counting from the date of acceptance of product, through the form we provide. Further, we will be able to regard the consumer to have checked and confirmed their received product within said 7 day confirmation period.
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Article 10: Cancellation of Purchase Contract |
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Consumer may apply for cancellation of their ordered or reserved product by using the "Cancel" button corresponding to the item that the consumer wish to cancel, listed on the Order History screen in the consumer's Hobby Search account page for the duration the "Cancel" button is available (hereinafter referred to as "cancellation period").
However, if the "Cancel" button is not available in the order history page for the item the consumer wish to cancel, the cancellation period for that order had either already ended, or there is message on the product page that specifies that the product "Cannot be cancelled" and the item cannot be cancelled to begin with.
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We will not accept any cancellations of order or reservation by the consumer after the cancellation period ends.
However, if any of the following applies and we are in agreement with the consumer in regard to the cancellation, we will make exceptions.
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(1) |
For reserved products, if there is unavoidable reason in which cancellation is necessary, and if the consumer contacted us by email requesting cancellation before the product comes into stock.
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(2) |
For already released product, if the consumer contacted us by email before the start of the business hour corresponding to the times specified below.
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Orders placed between 0:00AM ~ 08:30AM
Until 8:30AM of the same day (or the following operating day if the order is placed on a non-operating day).
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Orders placed between 8:31AM ~ 23:59PM
Until 8:30AM of the following business day.
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(3) |
If the consumer selected "notify of stockout by e-mail" when applying for purchase, and there was a notice of stock shortage for a part of their order.
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(4) |
If the retail price of the product greatly differs, in Japanese Yen, from the moment the reservation had been placed to the moment the product comes into stock. Changes of cost due to currency conversion rate will not be applicable to this clause.
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(5) |
Otherwise, if there is a reason in which we judge as a special circumstance.
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(6) |
We may choose to charge cancellation fee, restrict the payment method available for the consumer, and/or discontinue our business with the consumer etc. for any cancellation outside the cancellation period.
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We may choose to charge cancellation fee, restrict the payment method available for the consumer, and/or discontinue our business with the consumer etc. for any cancellation outside the cancellation period, including any cases specified in the preceding clause.
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We CANNOT accept cancellations for any product marked "This item cannot be cancelled" on their product page.
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We CANNOT accept cancellations for reason related to shipping cost or change of shipping methods.
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The consumer must understand and agree in advance that we hold the right to terminate the purchase contract, if a product is short stocked, unable to be stocked or restocked, or the release of the product is cancelled.
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We will also be able to cancel part of the said purchase contract if the consumer ordered multiple products and a part of the ordered products are either short stocked, unable to restock or the release of the product is cancelled.
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We hold the right to terminate the purchase contract without advance notice, if any of the following situations are applicable:
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(1) |
If the consumer does not correspond to the first clause of the Article 3.
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(2) |
If the consumer does not follow our instruction regarding processing of payments.
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(3) |
If the consumer denied acceptance of the ordered product.
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(4) |
If the consumer cancel or return product by means we do not specify.
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(5) |
If the consumer denies payment or acceptance of products that are marked "This item cannot be cancelled".
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(6) |
If the consumer declared false information regarding the use of this service.
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(7) |
If the consumer used a credit card or other means of payment that does not belong to them, or is suspected of this.
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(8) |
If the consumer had denied payment or acceptance of product from other transactions.
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(9) |
If the shipping address or other information are obviously inadequate, and we are unable to communicate with the corresponding consumer within 7 days from the date the purchase contract was agreed upon.
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(10) |
If the consumer violated this agreement, any other terms of service or guidelines specified on this site.
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(11) |
Otherwise, if there is a reason that may possibly cause difficulties in the fulfillment of the purchase contract.
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We hold the right to execute any of the procedures specified in Article 14 of the Membership Agreement to the consumer that applies to any points specified in the preceding clause.
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Article 13: Means of Notification |
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For method of notification, we will contact the consumer via email, notification on the news section of our website, or any other means we judge to be appropriate, unless otherwise specified.
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When sending important messages or notifications etc. regarding acceptance or rejection of contracts etc. or this service, we have the right to send email or News Letters to all consumers, including those that had set their email settings to reject our email notifications by their email service.
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On transmission of the email to the consumer's registered email address that the consumer registered when signing up for membership or updated from their account page etc., we will regard notification by email to be completed.
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Consumers must update the email reception settings to enable acceptance of our emails, for their computer or mobile phone etc., that corresponds to the email address that consumer specified when they registered to the membership. We will not be held responsible for any damages or losses caused due to that consumer not updating their settings and being unable to receive our emails.
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Notifications we make through posts on the main pages of the website will be regarded completed, as soon as we post the notification to this site.
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As long as there is no formal objection given, we will regard the content of the notification to have been approved by the members on the day we complete that notification.
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We will regard the member to have agreed with the notification without objection, if said member had failed to receive our notification due to mistype or error of registered email address, neglected update of their email address or any other reasons caused by the intention or negligence of said member.
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