TERMS OF USE

These Terms of Use set forth the terms and conditions that apply when customers conduct transactions, such as the purchasing of products at ”VISUAL TOKYO” (www.visualtokyomart.com, the “Site”) operated by  Visual Tokyo Com Co., Ltd. (“Visual Tokyo Com” or the “Company”) .

By accessing, browsing or using the Site, you acknowledge that you have read, understood and agreed to be bound by these Terms of Use. If you do not agree with any term or condition in these Terms of Use, you are not authorized to use or access the Site and any services provided at the Site (the “Services”). By agreeing to these Terms of Use, it also constitutes your agreement to the Visual Tokyo Com Privacy Policy (the “Privacy Policy”), which is incorporated herein.

2. Use of the Site

You may use the Site only for your own noncommercial personal use and in compliance with these Terms of Use. Any other use of the Site requires the prior written consent of Visual Tokyo Com.

The Site are available to registered and unregistered users and who have not been suspended or removed by Visual Tokyo Com for any reason (each a “Member”). Visual Tokyo Com reserves the right to revoke your ability to access products and the Services offered on the Site for any reason at any time including as a result of a violation of these Terms of Use, without prior notice.

When accessing, browsing or using the Site, you are responsible for your own communications, including the transmission, uploading or posting of information to the Site and are responsible for the consequences of such communications.

3. Prohibitions

Customers shall be prohibited from engaging in any behavior set forth below when using the Site and the Services:

  • Violating any laws or regulations; court ruling, decisions or orders; or orders of the government;

• Refusing to accept a product or service without justifiable grounds;

• Returning or canceling a product except as expressly permitted under  Article 19 “Returns and Exchanges”;

• Posting, communicating or transmitting any material that infringes on any intellectual property, publicity or privacy right of another person or entity;

• Posting, communicating or transmitting any information which is untrue, inaccurate or fraudulent;

• Engaging in conduct that would give rise to civil liability to the Company or any third parties;

• Attempting to interfere in any way with the Site’s or Visual Tokyo Com’s network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system; and

• Engaging in any activity otherwise deemed inappropriate by the Company.

In addition, you may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site. Further, you may not use any such automated means to manipulate the Site, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Site or any other user's use of the Site, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Site, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms of Use. You may not frame portions of the Site within another web site. You may not resell use of, or access to, the Site to any third party without the Company’s prior written consent.

Also, you may not otherwise copy, modify, or distribute the contents of this Site without the express written consent of Visual Tokyo Com. You may not modify, publish, transmit, participate in the transfer of, sell, create derivative works from, or in any way exploit any of the content found on the Site, in whole or in part. In this Article, the "content" means all information, text, images, videos, data, links, software, or other material accessible through the Site or the Services, whether created by the Company or provided by another person for display on the Site or through the Services. The content may contain typographical errors, other inadvertent errors or inaccuracies. The Company reserve the right to make changes to document names and content, descriptions or specifications of products or services, or other information without obligation to issue any notice of such changes.

4. Registration and Passwords

In order to access certain services on the Site, you will be required to provide specific information. All information provided by you must be truthful and accurate, and you may not use any aliases or other means to mask your true identity.

In order to maintain the security of your account, it is essential that you take adequate measures to protect your access codes and passwords. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use of the Site under such access codes or passwords.

5. Additional Terms

The Company may, at its own discretion, add additional terms and conditions applied to specific products, orders or use of certain portions of the Site, including with respect to ordering, shipping and return policies, and review guidelines (“Additional Terms”). The Additional Terms will be made part of these Terms of Use by reference. If there is a conflict between these Terms of Use and the Additional Terms, the Additional Terms shall prevail.

6. Use of the Site by Minors

This Site and the Services are not intended for persons under the age of majority under the applicable law. If you are a minor, you are not authorized to use the Site and the Services. Use of the Site is void where prohibited by law.

7. Fraud Protection

As part of the order processing procedures, the Company may screen received orders for fraud or other types of unauthorized or illegal activity. The Company reserves the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If the Company suspects fraudulent, unauthorized or illegal activity, the Company may reject your order or may contact you at the phone number or email address you provided to confirm your order. The Company also reserves the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity.

8. Subscription of the Products

Visual Tokyo Com offers the following types of subscription (“Subscriptions”):

• Re-billable monthly subscriptions (“One-Month Subscription”);

• Prepaid 3-month subscriptions ("Three-Month Subscription");

• Prepaid semi-annual subscriptions ("Six-Month Subscription");

• Prepaid annual subscriptions ("Twelve-Month Subscription");

• Prepaid 1-year seasonal subscriptions ("Seasonal Subscription"); and

• Prepaid gift subscriptions of one, three, six, or twelve months ("Gift Subscriptions”).

As a subscribed Visual Tokyo Mart member, each month (or each season in the case of Seasonal Subscription) you will receive a package with various Japanese products (the "Products"). Each month/season of your subscription, the selection of Products may change. Accordingly, Visual Tokyo Com cannot guarantee that a selection of any such Products available in a particular timeframe will be available in any subsequent timeframe.

8.1 Terms and Conditions for Subscriptions other than Gift Subscriptions

By applying Subscriptions other than Gift Subscriptions, you expressly acknowledge and agree that (A) your subscription is continuous and will be automatically extended for successive subscription periods until you cancel it, and (B) your subscription has an initial and recurring payment feature, i.e., unless your subscription is cancelled, at the end of each subscription period, Visual Tokyo Com (or our third party payment processor) is authorized to automatically charge your payment method for continued, same-term subscription at the subscription rate at that time.

You may cancel your Subscriptions other than Gift Subscriptions at any time, by submitting cancellation request through your account.    

The cancellation request must be made at least 1 business day before the next billing date reflected in your Account Settings. If your cancellation request has not received 1 business day before your next billing date, your cancellation request will be effective only as a cancellation for the subsequent subscription period. If you cancel your subscription before the last shipping of the Products, you may receive the Products until the end of your then-current subscription term.

Visual Tokyo Com may submit periodic charges without further authorization from you, until you provide prior notice that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before Visual Tokyo Com reasonably could act.

In the event you cancel your Subscriptions, please note that the Company may still send you promotional communications about Visual Tokyo Com, unless you opt out of receiving those communications by following the unsubscribe instructions provided therein.

Please note that, even when you cancel your Subscriptions and refuse to receive the Products for the remaining subscription period, you will not be eligible for a prorated refund of any portion of the subscription fee already paid.

8.2 Gift Subscriptions

For Gift Subscriptions, the subscription will not be renewed after the then-current term expires. You cannot cancel a Gift Subscription and the pre-paid fee is non-refundable.

8.3 One-time Purchase

You may purchase some products as a one-time purchase. You cannot cancel a one-time purchase and the pre-paid fee is non-refundable.

9. Product Information; Limitation on Quantities

Excluding any content that may be submitted by Members from time to time, the Company strives to ensure that the information on the Site is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies, which the Company may correct without liability. The Company also reserves the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted or acknowledged). The Company shall not guarantee that all products described on the Site are available.

10. Billing and Payments

All information that you provide to the Company, including your credit card information, is subject to the Privacy Policy. If you have a subscription, your credit card will automatically be charged by a third party payment service each subscription term for your ongoing subscription. For all other purchases, your credit card will be charged by a third party payment service who will transfer and deliver the funds to us at the time of purchase. For your convenience and continuous subscription benefits as a Member, if your payment method reaches its expiration date and you do not edit your credit card information or cancel your membership, you authorize us to continue billing that credit card on file including extending the expiration date until the Company are notified by you or the credit card company that the account is no longer valid. The Company encourages you to constantly update your payment method information. The Company is not responsible for any fees or charges your issuing bank or credit card provider may charge you. If your payment to the Company is returned for any reason, you authorize the Company to continue billing your credit card on file and seek payment by another method until payment is received. The Company use a third party payment service in lieu of directly processing your credit card information. By submitting your credit card information, you grant the Company the right to store and process your information with the third party payment service, which it may change from time to time; you agree that the Company will not be responsible for any failures of the third party payment service to adequately protect such information. All financial matters regarding your information are subject to the conditions of the third party payment service provider's terms of service. You acknowledge that the Company may change the third party payment service and move your information to other service providers that encrypt your information using secure socket layer technology (SSL) or other comparable security technology.

11. Proprietary Rights

You acknowledge and agree that the content (other than content that may be submitted by Members), materials, text, images, videos, graphics, trademarks, logos, button icons, music, software and other elements available on the Site are the property of Visual Tokyo Com or our licensors and are protected by copyright, trademark and/or other proprietary rights and laws. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the Site. All other trademarks are the property of their respective owners. All of our Site's content is Copyrighted by Visual Tokyo Com Co., Ltd. All rights reserved. Except as expressly set forth in these Terms of Use, no license is granted to you and no rights are conveyed by virtue of accessing or using the Site. All rights not granted under these Terms of Use are reserved by Visual Tokyo Com.

12. General Disclaimers

You assume all responsibility and risk with respect to your use of the Site. THE SITE AND ALL CONTENT, MERCHANDISE, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS SITE OR A “LINKED” SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. SPECIFICALLY, BUT WITHOUT LIMITATION, Visual Tokyo Com DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKE THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Visual Tokyo Com makes no warranties of any kind regarding any non-Visual Tokyo Com sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and Visual Tokyo Com makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-Visual Tokyo Com sites. Visual Tokyo Com does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.

13. Disclaimer – No Professional Advice

Any information provided by us regarding the products or otherwise (e.g. product descriptions or instructions) is for informational purposes only. You should not take any action based upon any information contained on the Site. Use of the Site is not meant to serve as a substitute for professional advice. You should read and strictly follow all product labels, packaging inserts and instructions and all manufacturer directions and warnings and seek independent professional advice when appropriate.

14. Taxes

Your total price will include the price of the product plus any applicable tax in Japan. You will be liable to pay taxes or customs imposed by your country in accordance with the Article 23 “Customs & Duties”.

15. Indemnification

You agree to indemnify, hold harmless, and defend Visual Tokyo Com, its parent, subsidiaries, divisions, and affiliates, and their respective officers, directors, employees, agents and affiliates from any and all claims, liabilities, damages, costs and expenses of defense, including attorneys’ fees, in any way arising from or related to your use of the Site, your violation of these Terms of Use or the Privacy Policy, content posted to the Site by you, or your violation of any law or the rights of a third party.

16. Limitation of Liability

IN NO EVENT SHALL VISUAL TOKYO COM, ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR THE SERVICES, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF VISUAL TOKYO COM HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL THE TOTAL LIABILITY OF VISUAL TOKYO COM, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU PAID TO VISUAL TOKYO COM IN CONNECTION WITH THE EVENT GIVING RISE TO SUCH LIABILITY. You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site. Because some states or countries do not allow limitations on implied warranties or the exclusion or limitation of certain damages, all of the above disclaimers or exclusions may not apply to all users.

17. International Use

The Company controls and operates the Site from Japan. The Company makes no representation that materials, products and services provided through the Site are appropriate or available for use outside Japan. If you choose to access this Site from outside Japan, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

You are responsible to investigate the rules and regulations regarding importing into your country, including goods restricted for import, before placing an order. In the event that an ordered item is not allowed for import into your country or is subject to any customs, duties or taxes, you must assume sole responsibility for them. Furthermore, there may be cases where delivery to your designated address is not possible due to restrictions such as laws and regulations. The Company will not provide any refunds or returns for the item or cost of delivery based on these reasons. The Company reserves the right to cancel any orders or refuse to ship to certain addresses due to the rules and regulations regarding importing, exporting, tax, duty or custom.

18. Risk of Loss

Any merchandise purchased from the Site will be shipped by a third party carrier. As a result, title and risk of loss for such merchandise will pass to you upon delivery from the Company to the carrier.

19. Returns and Exchanges

19.1 Returns and Exchanges at the Company’s Fault

If any part of the Products is defective, you may return the defective item and the Company may send you a new item or give a refund for such defective item. If the defective item is a part of a packaged Products, the amount of a refund will be determined by the Company on a pro-rata basis.

For exchanges and returns of the defective item, please be sure to contact the Company through your account within 14 days of the Products receipt regarding the details of the return item. After contacting the Company, please return only the item the Company approve (within 7 days of approval), to the address instructed by the Company. The Company will not accept a return if you contact the Company after 14 days or not sent the item back with no contact at all.

Please do not send the defective item back to the manufacturer.

Upon approval of a return and when returning the defective item, it is your responsibility to take reasonable care to see that the item is not damaged in transit and are received by the Company at its address as instructed. The Company will reimburse you for shipping costs incurred. All returns and refunds are subject to the shipping, return and exchange policies stated in the Site, if any. Refunds are at the sole discretion of the Company.

Even when the defective item is a part of a gift products, the Company may make a refund to an original purchaser.

For Subscriptions customers, the Company may send a new item in conjunction with the shipping of the next subscription.

19.2 Returns and Exchanges for Reasons other than the Company’s Fault

Any returns or exchanges shall not be accepted for reasons other than the Company’s fault.

20. Copyright Infringement; Notice and Take Down Procedures

Visual Tokyo Com specifically prohibits the posting of any content that violates or infringes the copyrights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on this Site infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim in accordance with the following procedure. Visual Tokyo Com will process notices of alleged infringement that it receives and will take appropriate action as required by the applicable law.

21. Severability

If any part of these Terms of Use shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Use, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.

22. Waiver; Remedies

The failure of Visual Tokyo Com to partially or fully exercise any rights or the waiver of Visual Tokyo Com of any breach of these Terms of Use by you shall not prevent a subsequent exercise of such right by Visual Tokyo Com or be deemed a waiver by Visual Tokyo Com of any subsequent breach by you of the same or any other term of these Terms of Use. The rights and remedies of Visual Tokyo Com under these Terms of Use and any other applicable agreement between you and Visual Tokyo Com shall be cumulative, and the exercise of any such right or remedy shall not limit Visual Tokyo Com’s right to exercise any other right or remedy.

23. Customs & Duties

By creating an account and placing an order on Visual Tokyo Com, all international customers recognize they are liable for any customs, duties, taxes or fees that may incur. The recipient of the shipments must comply with all rules and regulations of the destination country. The recipient of said international shipments may be subject to import taxes, customs duties and fees, which are levied once a shipment reaches the recipient's country. Additional charges for customs clearance must be fulfilled by the recipient; Visual Tokyo Com has no control over these charges, nor can Visual Tokyo Com predict what they may be. 

The recipient of the shipment is the importer of record in the destination country and is responsible for all Import duties, taxes, and fees, the clearance of said merchandise, and the process and remittal.

You (the recipient) are responsible for any duties and fees that may incur and Visual Tokyo Com will not refund or pay for said fees. 

24. Force Majeure

The Company shall not be liable to customers for any delay or failure in the performance of its obligations in the event that such delay or failure arises from any cause beyond the reasonable control of the Company, including, but not limited to, act of God, acts or orders of governmental authorities, fire, flood, typhoon, tidal wave, or earthquake, plague, epidemic, war (declared or not), rebellion, riots, strike, or lockout.

25. Revision of the Terms of Use

Visual Tokyo Com reserves the right to revise these Terms of Use at any time by updating this posting without prior notice. You are encouraged to review these Terms of Use each time you use the Site because your use of the Site after the posting of changes will constitute your acceptance of the changes.

26. Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of Japan. You hereby expressly consent to exclusive jurisdiction of the Tokyo District Court for all matters arising in connection with these Terms of Use or your access or use of the Site.

27. Contact

Questions: Should you have any questions regarding these Terms of Use you may contact us through our contact form.