TERMS AND CONDITIONS
The following terms and conditions (the "Agreement") apply to all purchases made from DuxSolutions KK or any of its affiliates. The terms "we", "us" and "our" refer to DuxSolutions KK, its affiliates, and employees/agents thereof. The terms "you", "your" and "yours" refer to the customer/purchaser who wishes to purchase any goods and/or services from us. You and we agree that your order is an offer to purchase the products on the terms listed below which will become a contract when accepted by us via confirmation that specifically references your order or when we ship to you the products you ordered, whichever occurs earlier.
By submitting your order to purchase products and/or services from us, you agree to accept and be bound by this Agreement.
You represent that you are at least eighteen (18) years of age and have the legal authority to enter into this Agreement on behalf of yourself or any party you represent. This Agreement may not be altered, supplemented or amended by the use of any other document(s). Any such attempt will be null and void unless otherwise agreed to in a written agreement signed by both you and and us.
1. Order and Payment Terms.
Your order for products and/or services is not valid until accepted by us. Your payment for products and/or services must be received in full before our acceptance of your order and our shipment of products and/or services to you. We accept valid Visa, MasterCard, PayPal and Discover cards as payment. We do not accept cash or COD under any circumstances.
2. Shipping, Handing and Delivery.
We currently ship to all places worldwide, but considering Japan as our home base address. Therefore most orders will be treated as international shipments. Most orders will ship within 72 hours of acceptance of your order. Some orders may take longer based upon product availability.
We will normally ship your products via postal service or UPS Ground. However, in our discretion, we may chose to ship your products via another reputable carrier. Some larger orders may ship directly from the manufacturer in which case the manufacturer may ship your products via the shipper of its own choosing. However, most orders will ship from our warehouse located in Tokyo, Japan.
You are responsible for paying all shipping and handling charges that apply. Please reference the shipping conditions located on our web site for applicable shipping and handling rates.
PLEASE NOTE THAT SHIPMENTS TO OTHER COUNTRIES THAN JAPAN, IF CAUSING HIGHER SHIPMENT COSTS THAN ESTIMATED IN OUR WEBSHOP, THE CUSTOMER AGREES TO COVER THE ADDITIONAL EFFORDS. FURTHER THE CUSTOMER AGREES TO COVER ALL DUTIES AND CUSTOM EXPENSES.
Due to a large volume of orders placed during major gift-giving holidays, delivery times may be delayed a few days. We will take all responsible steps to make certain that your order is delivered as promptly as possible.
3. Title: Risk of Loss or Damage
Title and ownership passes from us to you upon shipment of your order from our facilities. You assume all risk of loss or damage to all products ordered during transit. In the event of product damage or loss during transit, it is your responsibility to file a claim with the carrier.
4. Warranties.
DUXSOLUTIONS KK DOES NOT MANUFACTURE THE PRODUCTS AVAILABLE FOR SALE ON OUR WEB SITES. ACCORDINGLY, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ONLY WARRANTIES APPLICABLE TO THE PRODUCTS AND SERVICES AVAILABLE FOR SALE ON OUR WEBSITES ARE THOSE WARRANTIES PROVIDED BY THE PARTICULAR MANUFACTURER OF EACH SUCH PRODUCT AND/OR SERVICE.
PLEASE REFER ALL WARRANTY CLAIMS TO THE MANUFACTURER OF THE PRODUCT AND/OR SERVICE YOU PURCHASED.
FURTHER THE CUSTOMER AGREES BY PLACING AN ORDER THAT DUXSOLUTIONS KK WILL NOT BE HELD RESPONSIBLE FROM ANY DAMAGE OR PROBLEMS CLAIMED FROM WITHIN OUR PRODUCTS.
5. Limitation of Liability and Indemnification.
Many of the products for sale on our web sites are designed for physical real world use. Use of such products involves inherent risks of injury. You acknowledge that you have considered and understand these risks. We assume no responsibility or liability for any injuries sustained by you, or third parties, as a result of the use of products purchased from us. In the event that a party attempts to recover damages of any kind from us as result of the use of a product and/or service purchased by you from us, you agree to indemnify us and hold us harmless for any such claims. You also agree to pay for all attorneys' fees incurred as a result of our having to defend such a claim.
6. Governing Law: Choice of Venue.
You and we agree that this Agreement was entered into and executed within JAPAN. Accordingly, this Agreement shall be interpreted by the laws of the Japan. In the event that either you or we initiate legal action against the other as a result of a dispute arising out of, or related in any way to, your purchase of products and/or services from us, regardless of who initiated the legal action, said legal action must be brought in the Courts of Tokyo, Japan - the location where the Agreement was entered into and executed by parties hereto.
7. Legal Actions for Non-Payment.
In the event you fail or refuse to make payment for products and/or services purchased by you from us pursuant to the terms of this Agreement, you specifically agree to be subject to the jurisdiction and venue of the Courts of Tokyo, Japan, the location where this Agreement was entered into and executed by the parties to this Agreement. If we are required to initiate legal action against you for the recovery of payments owing from you to us for the purchase of products and/or services we have provided you pursuant to your order of same, you agree to pay for all costs incurred as a result of your failure and/or refusal to tender payment including, but not limited to, court costs, reasonable attorneys' fees incurred in an attempt to recover monies owed and charge-back fees assessed by your refusal to make payment.
When charge-backs are executed after the merchandise has been delivered, you will be responsible for the original amount of the order, Euro 25.00 Administration Fee, and you will be required to reimburse DuxSolutions the Euro 35.00 charge-back fee and all collection fees incurred.
Nothing in this section shall be deemed to limit or restrict the provisions contained in Section 6 of this Agreement.
8. Return Policy.
Prior authorization is required from us before any item may be returned. See the shipment rules and conditions for details.
All items must be returned within Thirty (30) days from the date of shipment. All returned items must be UNUSED AND IN THE ORIGINAL PACKAGING in order for you to receive a refund. All refunds are based on returns made pursuant to the terms listed above shall be subject to a 15% restocking fee.In the event you are making a return due to an error on our part, you will receive a 100% refund and we will pay for costs associated with shipping the product back to our facilities so long as the product remains unopened in its original packaging.
Absolutely no returns will be accepted after 30 days of purchase.We cannot accept returns on , open software, cassette tapes, compact discs, videos, DVDs, any special order merchandise, discounted or discontinued items.
If you wish to return a product purchased during a free shipping promotional special the normal shipping charge will be deducted from your refund for that product along with the 15% restocking fee.
9. Severability Clause.
In the event that any portion of this Agreement is held by a court of competent jurisdiction to be invalid or otherwise unenforceable, the remainder of this Agreement shall remain in full force and effect.
10. Web Page Content Related Legal Notice
By accessing the World Wide Web pages of DuxSolutions you agree to the following terms:
a) The contents of the DuxSolutions web pages are Copyright © DuxSolutions 2008. All rights not expressly granted are reserved. Except as permitted in these terms or in a prior written permission issued by DuxSolutions, any reproduction, transfer, distribution or storage of any contents on these web pages is prohibited.
b)DuxSolutions consents you to view and to store pages from the web site on a personal computer (or comparable device), and to print copies of the information displayed on these pages, provided that (1) the copyright notice appears on all copies, (2) the information is being viewed for personal and non-commercial use, or for the purpose of evaluating the feasibility of a possible business relationship with DuxSolutions, (3) the information is neither modified in any way nor posted on any computer network or reproduced in any media.
c)The use of press releases and other documents classified as public is permitted in public communications if the source is stated. Individual documents on our web pages may be subject to additional terms indicated in such documents. Any company or product names or equivalent emblems depicted or referenced on the site are either trademarks or trade names of DuxSolutions, or may be trademarks or trade names of third parties. Your use of this site shall not be construed as granting, by implication or otherwise, any license or right to use any marks, emblems or trade names appearing on the site without the prior written consent of DuxSolutions or the third party rights holder.
d)The web site and its contents are provided on an "AS IS" and "AS AVAILABLE" basis without warranty of any kind.
ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED. DuxSolutions does not warrant that the functions contained in the web site will be uninterrupted or error-free, nor that this site or the server that makes it available will be free from viruses or other harmful components.
e)The documents and related graphics published on this web site could include technical, typographical or other inaccuracies. DuxSolutions may at its sole discretion remove, revise or change any material on the web site or withdraw access to it at any time.
By submitting material to any of our servers you agree that: (aa) the material is non-confidential and does not contain any item that is unlawful or otherwise unfit for publication; and (ab) you will use reasonable efforts to scan and remove any viruses or other contaminating or destructive features before submitting any material; and (ac) you own the material or have the unlimited right to provide it to us; and (ad) you agree not to take action against us in relation to any material you submit, and you agree to indemnify and hold us harmless if any third party takes action against us in relation to the material you submit.
DuxSolutions shall be free to disclose, copy, distribute, incorporate and/or otherwise use such material for any and all commercial or non-commercial purposes without accounting to you. DuxSolutions shall have no obligations concerning such materials. DuxSolutions cannot review or control the content of any such material and accepts no liability for them.
f)TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DUXSOLUTIONS OR ITS AFFILIATES, OR THE EMPLOYEES, DIRECTORS OR OFFICERS OF THEM BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOSS OF BUSINESS, LOSS OF DATA OR LOSS OF PROFITS ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SERVICE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE PROPER SERVICES, WHETHER IN AN ACTION IN CONTRACT, TORT OR OTHERWISE, EVEN IF DuxSolutions HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE DUXSOLUTIONS WEB SITE OR THE MATERIAL PROVIDED BY IT, OR WITH ANY OF THESE TERMS, YOUR FULL AND FINAL REMEDY IS TO DISCONTINUE USING THE DUXSOLUTIONS WEB SITE.
g)The hyperlinks in this web site may lead to other service suppliers web sites. These sites are not under the control of DuxSolutions and DuxSolutions is not, in any circumstances, responsible for the contents of any linked web site or any link contained in such web site, or any changes or updates to such sites.
f)DuxSolutions is not responsible for web casting or any other form of transmission received from any linked web site. DuxSolutions is providing these links to users only as a convenience, and the inclusion of any link does not imply endorsement by DuxSolutions of the web site or the service supplier providing such site.
g)Nothing in this web site shall constitute, or be deemed to constitute, an agreement or a contract,
other than these terms of use, or a partnership of any kind between users and DuxSolutions. This web site and the use thereof shall be governed by the laws of Japan. Any disputes arising in connection with the use of this web site or these terms shall be settled by the district court in Tokyo, Japan.
Copyright © 2010 DuxSolutions KK - All rights reserved.
