Asahi Archery Inc. Online Shopping Terms of Use



Article 1 Scope of Application
These Terms shall apply to the Company (as defined below) and users of the Service (as
defined below), including the Members defined in Article 5 (hereinafter collectively
referred to as the “User(s), etc.”), with respect to the use of an online shopping site for
Japanese archery (Kyudo) tools and archery items (hereinafter referred to as the
“Service”) being operated by Asahi Archery Inc (hereinafter referred to as the
“Company”).

Article 2 Modification of the Terms of Use
1.The Company may, without an individual agreement with the Users, etc., modify
these Terms by notifying the Users, etc. through notification on the Service or by the
means the Company considers as appropriate.
2.Notwithstanding the preceding paragraph, if the Company determines that it is a
case in which an important modification will be added to these Terms, the Company
shall make an individual agreement with the Users, etc. concerning the content to
which the said modification is added.
3.These Terms after the modification pursuant to Paragraph 1 or the preceding
paragraph shall, unless otherwise provided by the Company, become effective at the
time when they are displayed on the Website, etc. being operated by the Company.
4.The history of modification of these Terms shall be available for reference on the Service.

Article 3 Use of the Service
1.The Users, etc. shall use the Service in accordance with these Terms and individual
provisions, etc. provided for in the next article.
2.The Company may change the contents of the Service without an individual
agreement with the Users, etc. Even if any detriment or damage occurs to the
Members associated with the change, the Company shall not be held liable therefor
except for the cases attributable to willful intent or gross negligence.

Article 4 Relationship with Individual Terms, etc.
1.The Users, etc. shall be obligated to comply with, other than these Terms, individual
terms that the Company has prescribed for an individual service to be provided
within the Service or incidental to the Service (hereinafter referred to as the
“Individual Terms, etc.”, regardless of the name, and together with these Terms,
referred to as these “Terms, etc.”) in the same way as these Terms.
2.If the provisions of these Terms and those of the Individual Terms, etc. differ, the
provisions of the Individual Terms, etc. shall apply in priority to these Terms unless
otherwise specifically provided for in the said Individual Terms, etc.

Article 5 Members
“Member” means a person who applies for the registration of a member according to
the Company’s prescribed procedures after giving consent to compliance with these
Terms, to whom the Company has given the approval.

Article 6 Change in Registered Matters
The Members shall, if there is any change in the name, address, phone number, date of
birth, credit card number and its expiration date, or any other contents registered at the
member registration, promptly notify the Company of the change by the method
prescribed by the Company.

Article 7 Non-Assignment, etc. of Status, etc. of Members
The Members may not conduct such acts as assigning or selling to a third party,
establishing the right of pledge or offering as another collateral the status as a member
or the rights arising from these Terms.

Article 8 Withdrawal from Membership
1.A Member himself/herself may withdraw from the Service by taking the prescribed
withdrawal procedures.
2.The status as a member shall have the personal nature and the procedures set forth in
the preceding paragraph shall be deemed to have been taken at the time when the
Company learned the death of the relevant Member.

Article 9 Prohibited Matters
1.If a User, etc. falls under any of each item below, the Company may immediately
revoke the said Member’s membership or prohibit him/her from using the Service
without giving the prior notice:
(1)When the User, etc. breaches laws and regulations or these Terms, etc.;
(2)When the User, etc. conducts acts that cause detriment or discomfort feeling to
the other Members or third parties within the Service, such as abusing, defaming
or invading privacy of the other Members or third parties;
(3)When the User, etc. carries out election campaign or any other acts similar
thereto;
(4)When the User, etc. conducts sales activity or for-profit acts;
(5)When the User, etc. interferes with operation of the Service;
(6)When the User, etc. breaches the terms stipulated by a connection provider
contracted by him/her;
(7)When unauthorized use of ID and password is found besides the act provided in
Article 12; (8)When the User, etc. provides false information (including personal information)
to the Company;
(9)When the use of a credit card notified by the said User, etc. as settlement means
is suspended; (10)When non-performance of obligation to pay the charge, etc. occurs;
(11)When contacting with the registered Member information (address, phone
number, e-mail) becomes impossible;
(12) When the User, etc. is a member of an organized crime group, an organized
crime group or a person having a close relationship with a member of an
organized crime group; or
(13)Otherwise when the Company determines he/she is inappropriate as a User,
etc.
2.Even if, as a result of revocation of membership of the User, etc. or prohibition of
use of the Service by the Company pursuant to the preceding paragraph, the said
User, etc. becomes unable to use the Service and accordingly damages are incurred
by the said Member, the Users of the Service or third parties, the Company shall not
be held liable therefor.

Article 10 Facilities, etc.
The Users, etc. shall prepare communication devise and software necessary for using
the Service as well as all equipment to be needed incidental thereto, conclude a line
utilization contract, subscribe to an Internet connection service and make any other
necessary preparations at their expense and on their own responsibility.

Article 11 Use of Service
The Users, etc. shall undertake responsibility for any and all acts carried out by using
the Service and their results.

Article 12 Responsibility for Management of ID and Password
The Members must properly manage IDs and passwords to be granted by the Company
to the Members after member registration procedures.

Article 13 Copyright, etc.
1.The Users, etc. may not use copyrightable works and the like to be provided through
the Service for any purposes outside the scope of personal use.
2.If a User, etc. publishes a copyrightable work on the Service, he/she shall grant a
free license to use (not including the rights stipulated in Article 27 or Article 28 of
the Copyright Act) the said copyrightable work to the Company within the scope of
purposes of the use under the Service or introduction of the Service, and shall not
exercise the author’s moral right with respect to the said usage.

Article 14 Discontinuation or Suspension of Service Provision
1.The Company may, if it carries out a periodic maintenance or emergency
maintenance of the system, if load is concentrated on the system, if the Company
determines that operation of the Service will be impaired, if the need to ensure
security of the Users, etc. arises or otherwise if the Company determines it is
necessary, discontinue or suspend the provision of the Service, wholly or
in part, or take any other necessary measures without giving the prior notice.
2.The Company shall not be held liable for damages incurred by the Users, etc.
associated with the discontinuation or suspension of the Service under the preceding
paragraph.

Article 15 Formation of Agreement, Transfer of Title and Risk of Loss
1.When a User, etc. orders merchandise on the Service, the Company will transmit
e-mail stating that it has confirmed receipt of an order and the content of the order.
An order from a User, etc. shall be regarded as an application for an agreement as to
the purchase of merchandise; at the time when the foregoing e-mail is sent to the
Member, an application for an agreement by the User, etc. shall be approved and the
agreement shall be formed.
2.The title to and the risk of loss of the merchandise shall pass to the User, etc. at the
time when the Company has delivered the said merchandise to a delivery company;
provided, however, that if the merchandise is lost before arriving at the specified
delivery address due to willful intent or negligence of the delivery company, the
Company shall be liable for the said loss.
3.If there are any rules different from the preceding two (2) paragraphs in the special
provision at ordering for an individual merchandise, the said special provision shall
prevail.

Article 16 Payment Method
1.Payment may be made by one (1) of a credit card, Paypal or bank transfer, which are
specified by the payment form of the Service.
2.Any trouble, including an inputting error of credit card number, shall be settled
between the User, etc. and the credit card company, thus the Company shall assume
no responsibility therefor.

Article 17 Shipment of Merchandise
1.Merchandise shall be shipped to delivery address specified by the User, etc. after the
payment in the preceding article completed by the Users, etc. and the Company has
confirmed completion of payment.
2.The Company shall notify the User, etc. that preparation for shipment of
merchandise has arranged.
3.If shortage occurs in the shipping expense specified in advance, the Company will
notify the User, etc. to that effect before the shipping and after the shortage in
shipping expense is paid by the User, etc., dispatch the merchandise.

Article 18 Cancellation of Order
1.Cancellation of an order may be made after the agreement set forth in Article 15 is
fixed and before the notice in Paragraph 2 of the preceding article is given, by
notifying through the Service Cancellation Form in principle.
2.Notwithstanding the preceding paragraph, if payment has not been made within
seven (7) days after the agreement with the Company comes into effect pursuant to
the provisions of Paragraph 1, Article 15, the order shall be deemed to have been
automatically cancelled.
3.The Company will not, after the cancellation deadline set forth in Paragraph 1,
accept any cancellation except for cases provided for in the separately prescribed
“Regarding Return/Exchange of Merchandise”.

Article 19 Return of Merchandise
4.The Company shall respond to the return or exchange of merchandise based on the
terms and conditions provided for in the separately prescribed “Regarding
Return/Exchange of Merchandise”.

Article 20 Handling of Personal Information
The Users, etc. acknowledge that the Company will handle personal information
(meaning personal information stipulated in Paragraph 1, Article 2 of the Personal
Information Protection Act) as per each item below after having taken necessary
protection measures:
(1)Acquisition of the following personal information by the Company:
  (i)Name;
  (ii)Address;
  (iii)Phone number;
  (iv)Date of birth;
  (v)e-mail address;
  (vi)Credit card number and its expiration date;
  (vii)Other contents registered at the time of member registration or the use of the
Service; and
  (viii)Merchandise purchase history
 (2)Utilization of personal information by the Company within the following scope of
utilization purposes:
  (i)Identity verification;
  (ii)Confirmation of sale and purchase carried out on the Service, shipment after
sale and purchase and communication incidental thereto;
  (iii)Announcement of merchandise information, living information, after-sales
service and various benefits, etc. from the Company by e-mail or mail;
  (iv)Request for opinion, feedback and questionnaire, etc.;
  (v)Marketing and purchase action analysis; and
  (vi)Provision of personal information within the scope of the foregoing
utilization purposes to joint users (meaning a “jointly utilizing person as set
forth in Item (3), Paragraph 4, Article 23 of the Personal Information
Protection Act) and utilization by the joint uses within the said utilization
purposes
 (3)Scope of joint users and management supervisor:
  (i)Scope of joint users
Companies subject to the consolidated settlement of accounts and companies
accounted for by the equity method of the Company
  (ii)Management supervisor
The Company

Article 21 Disclosure, Correction and Deletion, etc. of Personal information
1.The Users, etc. may demand that the Company or the joint users disclose personal
information concerning themselves, and the Company or the joint users shall meet
the demand without delay.
2.Point of contract when making disclosure request set forth in the preceding
paragraph shall be as follows and the disclosure fee shall be 500 yen:
Point of contact for personal information disclosure
Address: 3-23-3 Minamiotsuka, Toshima-ku, Tokyo 170-0005
e-mail address: asahi@asahi-archery.co.jp
Phone number: 83-3986-2301
Fax: 83-3986-2302
3.A User, etc. may correct or delete personal information but merchandise purchase
history, through the Change of Contents of Member or the Service Use Application.
4.A User, etc. may, if he/she does not want to receive information from the Company
by e-mail or by mail, set thereof through the Member Content or the Service Use
Application Content; provided, however, that the Company will, if an urgent
contacting is needed by the Company to the Users, etc., contact them
notwithstanding the setting.
5.Disclosure, correction or deletion, etc. of personal information not stipulated in this
article shall be subject to the provisions of Article 25 and subsequent articles of the
Personal Information Protection Act. Request for disclosure, etc. shall be applied to
the point of contact set forth in Paragraph 2 of this article.

Article 22 Governing Law
Formation, validity, performance and interpretation of these Terms shall be governed by
the laws of Japan.

Article 23 Good-Faith Consultation and Exclusive Jurisdiction
1.Any disputes which arise between the Users, etc. and the Company in connection
with these Terms shall be resolved through good-faith consultations.
2.Notwithstanding the consultations in the preceding paragraph, if the dispute cannot
be resolved, the parties consent to the jurisdiction of the Tokyo District Court in the first instance.

Regarding Return/Exchange of Merchandise

The terms and conditions of return/exchange of merchandise Asahi Archery Inc.
(hereinafter referred to as the “Company”) ships through its online shopping site
(hereinafter referred to as the “Service”) after its arrival shall be as follows.

Paragraph 1
Basic Procedures concerning Notice of Return/Exchange and Sending Back
(1)Please notify the return or exchange of merchandise through the Return/Exchange
Form of the Service within seven (7) days after arrival of merchandise. No request
for return/exchange after the 8th day is acceptable.
(2)The Company will notify the method for returning merchandise (packaging method,
designation of a delivery company, etc.) after receipt of the notice in the preceding
item, so please send back the merchandise in accordance with the procedures.
(3)Shipping expense required for returning merchandise shall be borne by the User;
however, if the reason for return rests on the Company, including a defective
product, when there is a material defect in the merchandise or merchandise different
from the ordered merchandise is shipped, the shipping expense shall be borne by the
Company.
(4)As to concrete conditions of return/exchange or return/exchange by merchandise
type, please see Paragraph 2.

Paragraph 2
Regarding Terms and Conditions of Refund of Price/Exchange
(1)Return of merchandise for customer’s convenience
  ● Ready-made articles (except clothing such as archer’s glove (yugake), Japanese
    kilt (hakama), kimono and archer’s uniform)
  ▸When unused and unopened: the full amount of merchandise price
    (including tax) will be refunded
  ▸When unused and within 3 days after opening the pack (except a case in
    which a scratch or breakage is found in the merchandise as a result of
    opening): 50% of merchandise price (including tax) will be refunded
  ▸When used, return/exchange will not be accepted
  ▸When falling under the following, merchandise shall be deemed to have
    been opened or used:
  •The manufacturer’s ready-made packaging is opened or broken;
  •Merchandise is re-packaged in the manner that appears to be intentionally
    breaking the merchandise;
  •Merchandise is untagged;
  •Vinyl packing of parts is opened;
  •There are signs of being used on merchandise
  •Made-to-order goods and special-order items (custom-made items)
Return of merchandise is not acceptable in principle; however, in the case of (2)
    or (3) below, the Company will refund part of the price or exchange it     in some
    cases.
  •Return/exchange conditions of individual merchandise are shown in (3) below
(2)Return/exchange due to defective goods or problem caused by the Company’s
negligence
  ● In principle, the full amount of merchandise price (including tax) and delivery
    charge/fees, etc. will be refunded or it shall be exchanged with the similar
    merchandise
  ● In the following cases, however, return/exchange will not be accepted
  ▸When color and pattern, etc. of merchandise derive from natural materials,
    such as bamboo, feather and leather, return/exchange on the grounds of
    color and pattern, etc.
  ▸Return/exchange on the grounds of difference in bow force of a bamboo
    bow because the bow force of a bamboo bow is variable according to
    temperature and moisture, etc.
  ▸Return/exchange on the grounds of an accident or breakage, etc. which has
    occurred during shipment
  ▸Return/exchange in a case where the warranty period has expired
  ▸Merchandise to which it is stated that return is not acceptable due to its
nature
(3)Conditions of return/exchange by merchandise
● Bamboo bow
  ▸A bamboo bow is made of natural materials and design or characteristics
    differ from a bow to a bow, and breakage or change in shape is possible to
    occur unless it is carefully treated; thus the Company requests a customer to
    purchase it after obtaining sufficient knowledge about the handling, etc. of
    merchandise, adequate prior confirmation and consent to the condition of
    merchandise. Therefore, the Company accepts no return/exchange after
    purchase in principle.
  ▸Because a bamboo bow is made of natural materials and design and color is
    not constant and moreover, the bow force is variable according to
    temperature and moisture, etc.;
(i) when the bow force differs from one
    ordered; (ii) when the shape of bow differs from what desired; or (iii) when
    color or design differs from a sample photo, the Company accepts no
    return/exchange.
  ▸However, only in a case in which there is a remarkable scratch or breakage
    in merchandise due to the Company’s negligence, the Company accepts the
    return of merchandise or exchange with the similar product.
  ▸There is no warranty period for a bamboo bow. Accordingly, any damages
    shall be repaired for a fee for whatever reason. In such a case, expenses
    associated with transportation, including the shipping cost, insurance and
    custom, shall be borne by the owner.

● Archer’s glove (yugake)
  ▸When placing an order for yugake, the size of hands is measured in advance
    in accordance with the separately prescribed ordering method for yugake,
    therefor the Company does not accept return/exchange due to difference in size in
    principle.
  ▸Return/exchange due to difference in size is not acceptable as to the
    ready-made articles or semi-ordered articles; however, if the leather is
    damaged or sewing comes untied, the Company will refund the full amount
    of the price or exchange it with the similar merchandise only when it is
    unused (except trial fitting).
  ▸In the case of complete made-to-order goods, the Company accepts no
    return/exchange considering that sufficient measurement is done and
    requests, etc. are met in making them.
  •The Company accepts no return/exchange when color or design differs from
    a sample photo.
  ▸Also, the Company accepts no return/exchange when the finish of leather
    surface differs from a sample photo.
  ▸There is no warranty period for yugake, either; however, maintenance
    relating to string path (tsurumichi) or habit is offered free of charge;
    provided, however, that expenses associated with transportation, including
    the shipping cost, insurance and custom, shall be borne by the owner. For
    the concrete content of maintenance, please inquire the Company separately.

● Bamboo arrow
  ▸The Company accepts return/exchange when there is a remarkable
    scratch/bending, etc. in shaft due to the Company’s negligence.
  ▸The Company accepts no return/exchange based on claims in relation to the
    design, color or pattern of feather.
  ▸There is no warranty for a bamboo arrow, either. Bending, etc. of shaft is
    adjusted for a fee.

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