Terms of Use and Terms of Purchase

TERMS FOR ESPACE 212 WEBSITE

1. INTRODUCTION 

The Terms and Conditions referred to in this document (hereinafter the “Terms”) stipulate the terms and conditions for the use of our website (hereinafter “Website”) and for sales and purchases. These Terms define the rights and obligations of all users (hereinafter “Customers”) who purchase products from and use the services of ESPACE 212 which are provided by our Website and other websites or mobile apps which are linked to this Website.

Please read these Terms and the Privacy Policy carefully before using our Website or before clicking “Complete Order” when completing your order. By ordering ESPACE 212 products from our Website, you agree to these Terms and Privacy Policy. If you do not agree to the Terms and the Privacy Policy, do not place an order using this Website. 

These Terms are subject to change. Therefore, please check the Terms every time you place an order from this Website. If you have any questions about the Terms or the Privacy Policy, please read the information on our Website. 

2. USE OF OUR WEBSITE

These Terms stipulate the conditions for the use of this Website and sales and purchases using the Website, and are a legally binding contract between the Customer and the Company. By placing an order on the Website, you are deemed to have read and agreed to the Terms. 

The Customer agrees to the following in regard to the use of the Website and any order placed using the Website: 

a. You may only use the Website for legitimate inquiries or orders. 

b. You will not make any speculative, false or fraudulent orders. If we determine that such an order has been made, we are entitled to cancel the order and inform the relevant authorities. 

c. You will provide correct and accurate email, postal and/or other contact details and acknowledge that we may use these details to contact you in the event that this is necessary (see our Privacy Policy). 

d. If you do not provide all the information required to confirm your order, we may not be able to complete your order. 

e. By placing an order on the Website, you represent and warrant that you are at least 20 years old and legally capable of entering into binding contracts.

3. SERVICE AVAILABILITY

Products and services offered through the Website are available Worldwide.

4. HOW PURCHASE CONTRACTS ARE FORMED

The information in these Terms and the information on the Website are suggestions for purchase requests to be made byfrom for the Customers and not an offer. The contract between you and us is established at the time we explicitly accept your order, and the contract is only for the product(s) and/or service(s) in that order. If we do not accept your order and funds have already been deducted from your account, the funds will be fully refunded. 

To place an order, you must follow the online shopping process and click the “Complete Order” button. After this, you will receive an email from us acknowledging that we have received your order (the “Order Confirmation”). The Order Confirmation does not mean that your order has been accepted, but that you have made an offer to purchase one or more products from us. All orders are subject to acceptance by us, and we will confirm such acceptance by sending you an email that confirms that the ordered product has been shipped (“Shipping Confirmation”). The contract between you and us regarding the purchase of the ordered product (“Contract”) is established when we send you the Shipping Confirmation.

The Contract is valid only for the products listed in the Shipping Confirmation email. For ordered products which have not been confirmed in the Shipping Confirmation, we are not obligated to provide such products, accept the order, or ship the products until shipment has been confirmed.

5. AVAILABILITY OF PRODUCTS 

All orders are subject to availability of the products ordered. If the item is difficult to supply or out of stock, we reserve the right to not accept your order and refund the full amount you paid.

6. REFUSAL OF ORDER 

We reserve the right to withdraw any product or remove or edit any materials or content on the Website at any time without notice. While we will make reasonable efforts to process all orders, there may be exceptional circumstances that require us to refuse to process an order after we have sent you an Order Confirmation. We reserve the right to refuse to process an order at any time at our sole discretion. 

We will not be liable to you or any third party for withdrawing any product from the Website, whether it has been sold or not, for removing or editing any materials or content on the Website, or for refusing to process or accept an order after we have sent you the Order Confirmation.

7. DELIVERY

Subject to the provisions of clause 5 above, and unless there are exceptional circumstances, we will endeavour to fulfil your order for the product(s) listed in the Shipping Confirmation email by the delivery date stated in the Shipping Confirmation email. If no estimated delivery date is specified, the estimated delivery date will be within 15 days from the date of the Order Confirmation. Reasons for delay could include: 

• Product customization 

• Specialized products 

• Unforeseen circumstances 

• Delivery area 

If for any reason we cannot deliver your order by the scheduled delivery date, we will explain the situation to you and you can choose to continue purchase of the ordered item with the new delivery date or cancel the purchase with a full refund of any amount paid. 

“Delivery” in these Terms shall be deemed to have occurred upon signing for receipt of the products at the agreed delivery address

8. UNABLE TO DELIVER

If we are unable to deliver, we will store your parcel in a secure place. We will leave a note explaining where your parcel is and how to arrange redelivery. If you are not at the delivery location at the agreed time, please contact us to rearrange delivery. 

If you do not receive the delivered product and do not contact us within 15 days of the Shipping Confirmation, we will consider that you wish to cancel the purchase, and the Contract will be cancelled. If the Contract is cancelled, we will refund to you any funds already paid within 30 days of cancelling the Contract. In this case, you will be responsible for the shipping costs of the unreceived products and other costs incurred due to cancellation of the Contract. If you use an electronic device to pay a store cashier in a store in Japan, you will need a bank account to accept the refund after automatic cancellation, so please contact customer service listed on the website directly.

9. RISK AND TITLE

The product(s) will be at your risk from the time of delivery. Ownership of the product(s) will only pass to you when we receive full payment of all sums due for the products, including delivery charges, or upon delivery (as defined in Clause 7 above), whichever event occurs later.

10. PRICE AND PAYMENT

The price of the product shall be the one quoted on our Website except in the event of an error. While we take care to ensure that all prices quoted on the Website are accurate, errors may occur. If we discover an error in the price of any product you ordered before Shipping Confirmation, we will inform you as soon as possible and give you the option of reconfirming the order at the correct price or cancelling it. If you do not contact us within a reasonable period of time, we will cancel the order and give you a full refund if you have already paid for the product(s). 

If the pricing error is obvious and unmistakable and could reasonably have been recognized by you as such, we are under no obligation to sell the product to you at the incorrect (lower) price. 

Consumption tax is included in the list price of products sold on the Website. Shipping charges are not included in the list price; shipping charges (see the Shopping Guide) will be added to the total payment amount when you place your order. 

Product prices are subject to change without notice. Except for price change in the case of mislabelling, there will be no price change for product(s) for which an Order Confirmation email has already been sent. 

After adding all the products you wish to purchase to your shopping cart, follow the steps below to proceed through the checkout process and make payment. 

1. Click the “View shopping cart” button at the top right of the page. 

2. Click the “Process Order” button. 

3. Confirm your contact information, delivery address, payment method, shipping costs, and order details. 

4. Click “Complete Order”. 

The following credit cards (Visa, Mastercard, American Express, JCB) can be used for payment, as defined by Stripe, the main means of processing payments from abroad.

Credit card or debit card payment: The data on the card is encrypted to minimize the risk of unauthorized access. If you place an order using a credit card or debit card, your card will be pre-screened and approved for the amount ordered. The credit card or debit card must be authenticated and approved by the card issuer. If the card is not approved, the Contract will not be concluded and the order will not be processed. You confirm that you are the card owner by clicking “Complete Order”. If the card is approved, the amount of the purchase will not be charged to your card until Shipping Confirmation is made. 

11. EXCHANGES/RETURNS POLICY

All purchases made on our Website are final. We do not accept any returns after the Purchase procedure has been completed. The products listed on the Website may have slight imperfections, individual to each product. 

13. LIABILITY AND DISCLAIMERS

Unless expressly stated in the Terms, our liability for the purchase of products on this website or app is limited to the price of the product. Nothing in these Terms shall exclude or limit in any way our liability in the following matters: Death or personal injury caused by our negligence; Fraud or fraudulent misrepresentation; or Any matter for which it would be illegal or unlawful for us to exclude or limit, or attempt to exclude or limit, our liability. To the maximum extent permitted by the preceding paragraph and the law, and unless otherwise specified in the Contract, we are not responsible for any incidental indirect damages, including the matters described below, even if they are foreseeable damages, regardless of the cause or grounds, such as torts including contract violations and negligence. 

(i) Loss of income or profit; 

(ii) Loss of business opportunity;

(iii) Profit or contract loss;

(iv) Loss of planned savings;

(v) Loss of data, etc.; and

(vi) Loss of business hours and working hours 

Due to the open nature of the Website, and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted to or obtained from the Website unless otherwise expressly set out on the Website. We make no warranty, express or implied, with respect to the product description, information and material labelling of all products listed on the Website. Except for matters that cannot be legally excluded in a contract with general consumers, we do not guarantee any matters to the maximum extent permitted by law. This clause does not affect your legal rights as a consumer or the right to cancel your Contract due to cancellation of purchase.

14. INTELLECTUAL PROPERTY; COPYRIGHT AND TRADEMARK INFRINGEMENT

All copyrights, trademarks and other intellectual and industrial property rights relating to all information, materials and content on the Website is the property of the Company. This section does not prevent you from using the Website to make a copy of information to the extent necessary to confirm your order or contact information.

15. VIRUSES, HACKING, AND OTHER CYBERCRIME

You shall not knowingly attack our Website by malicious or technically harmful virus intrusions such as Trojan horses, worms, or logic bombs. You shall not attempt to gain unauthorized access to the Website, or to any server or other server, computer, or database related to the Website that hosts this site. You warrant that you will not attack the Website through denial of service attacks or decentralized denial of service attacks. 

Violation of this clause may be considered a criminal offense under applicable law. We will report such breaches to the relevant law enforcement authorities and work with them to identify the hacker. Similarly, in the event of such a breach, your right to use the Website will be immediately revoked. 

Using this Website or redirected website or downloading its content may cause interference with your computer, device, data or content in a malicious and technically harmful manner and we will not be liable for any loss or damage caused by any such attack, virus, software, content, etc. which affects you.

16. LINKS FROM THE WEBSITE

The Website may include links to third party websites and/or mobile apps and media. Such links are for informational purposes only and we do not have any control over the content of any third-party website or mobile app or media. Therefore, we are not responsible for any loss or damage that may be caused by use of such links.

17. WRITTEN COMMUNICATIONS

When using our Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirements that such communications be in writing. Please note that this clause does not affect your legal rights.

18. NOTICES

As a general rule, please contact us via the “Contact Us” web page. In accordance with the provisions of the preceding clause, unless otherwise specified, we will reply to the email address or contact address provided by you at the time of your order. Notice will be deemed received immediately when posted on our Website, 24 hours after an e-mail is sent. In proving the service of any notice, it will be sufficient to prove, that such such email was sent to the email address specified by the addressee.

19. BINDING NATURE; ASSIGNMENT

These Terms and our Privacy Policy are binding on you and us and on our respective heirs, successors and assigns. You may not transfer, assign, charge or otherwise dispose of these Terms, or our Privacy Policy, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of these Terms and our Privacy Policy, or any of our rights or obligations arising under them, at any time. However, such transfer, assignment, charging or subcontracting does not affect your legal rights as a consumer, and does not revoke, reduce or limit any warranty, express or implied.

20. EVENTS OUTSIDE OUR CONTROL 

We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under an order you have placed that is caused by events outside our control (a “Force Majeure Event”). 

A Force Majeure Event shall include any act, event, non-happening, omission or accident beyond our reasonable control and shall include in particular, without limitation, the following: 

• Strikes, lockouts or other industrial action; 

• Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; 

• Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; Impossibility of the use of public or private telecommunications networks; 

• The acts, decrees, legislation, regulations or restrictions of any government; and Any shipping, postal or other relevant transport strike, failure or accidents.

Our performance under any order you have placed is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations may be performed despite the Force Majeure Event.

21. WAIVER

No failure of ESPACE 212 to enforce any of its rights or remedies under these Terms will act as a waiver of such rights and remedies. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing. 

22. SEVERABILITY 

If any of these Terms or any provisions of an order are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions, which will continue to be valid to the fullest extent permitted by law.

23. ENTIRE AGREEMENT

These Terms and any document expressly referred to herein represent the entire agreement between you and us in relation to the subject matter of these Terms and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. 

Both you and we acknowledge that, in entering into these Terms, neither you nor we relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between you and us prior to such Terms, except as expressly stated in these Terms. Neither you nor we shall apply any remedy for uncertain matters indicated by the other party before the Contract, whether orally or in writing, unless there is a fraudulent act, and only the non-compliance of the Contract shall be remedied. 

24. OUR RIGHT TO MODIFY THESE TERMS

We reserve the right to revise and amend these Terms at any time. 

You are subject to these Terms when you use our Website or place an order for a product. If the provisions of the Terms or the Privacy Policy must be changed due to applicable laws and regulations or the judgment of a competent authority, the change may be applied retroactively to a Contract which was concluded within that time.

25. GOVERNING LAW AND COURT OF JURISDICTION

The Terms are written in Japanese, and the Terms and Contracts are governed by Japanese law. Disputes related to or arising from the use of the Website or the Terms shall be subject to the non-exclusive jurisdiction of the courts in Japan. This clause does not affect your legal rights as a consumer.

26. QUESTIONS AND FEEDBACK

We welcome your comments and feedback. All comments and suggestions should be sent using the contact form on this website.