Terms and Conditions

利用規約

Introduction and Acceptance of the Terms and Conditions

The general Terms and Conditions detailed below governs the contractual relationship between the "User" (hereafter also referred to as "You" or the "Customer") and "Kyoto Animation Co., Ltd. " (hereafter also referred to as "We", "Kyoto Animation" or the "Website").

Both parties accept these Conditions unreservedly. These general Conditions are the only conditions that are applicable and replace all other conditions. We maintain that, by confirming your order, you have read and do unreservedly accept the following Conditions. These Terms and Conditions are important to you and Kyoto Animation as they are used to protect your rights as a valued customer and our rights as a business. If you do not agree to these Terms and Conditions, please do not use the Website.


Changes to the Terms and Conditions and the Website

This Kyoani Shop International is a newly started service by Kyoto Animation. It is a work in progress, and as such things may change, be added or be taken away. We reserve the right to update the Website and these Terms and Conditions from time to time, at our discretion and without any notice. It is solely your responsibility to keep up-to-date with the latest Terms and Conditions by checking back regularly. Your continued use of the Website following the publishing of updated Terms and Conditions will be taken to mean that you have read and agree to the changes. However, if a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

We reserve the right to terminate the Website, these Terms and Conditions or any part of them at our discretion and without any notice, for any reason. However, the provisions relating to Copyrights, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, will survive any termination.


Access to the Website

We work hard to ensure the Website is always up and available, but we can't guarantee that the Website will not have downtime for any reason. We reserve the right to close the Website for short periods of time for general maintenance, but will attempt to keep this to a minimum. We will not be liable if for any reason all or any part of the Website is unavailable at any time, for any length of time.
We do not guarantee that the Website or any content provided on the Website is error free.


User Account

You can create your account on the Website. This is to be able to give you details relevant to your order, with keeping them private to you. If you want to do this, when you check out, please select “Register new account” and enter your secure password at the page of “Register user details”. We highly recommend that you choose a strong password that is hard for others to guess, and you log out from your account at the end of every session. There is a password reset procedure in case you forget your password. (Sorry, we can never know your password.) You must treat your account log-in information as confidential, not disclosing it to any third party and only using the Website in person. If you think there may have been any breach of security then it is your responsibility to notify us immediately and if log-in is possible, to change your password.

In case that any other person accessed the Website using your account, you are responsible to indemnify, defend, and hold harmless the Website, its officers, directors and employees from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any activity related to your account (including negligent or wrongful conduct).

It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. We reserve the right to disable any user account in our sole discretion, at any time for any or no reason, including if, in our opinion, you have failed to comply with any provision of these Terms and Conditions.

We manage your personal data according to our Privacy Policy. Please read our Privacy Policy for more details.


Area - ONLY to the USA

For the reason of our business capability, we can ship your order only to the address in the United States of America for now. We do not deliver to the other countries.
Your package will be shipped internationally from Kyoto, JAPAN. We kindly ask for your understanding.


Use by Minors

If you are a minor, you should obtain the consent of your parent or legal guardian for ordering through the Website and submitting any personal information to the Website, because you may not be responsible for your own actions (including the capacity to enter into a contract which is enforceable by us).

In case that you deceivingly ordered as an adult, we reserve the right to refuse or cancel your order. Besides, if we had already shipped your package and you and/or your parents or legal guardians wanted to return it, we shall apply our Return Policy.

Especially, children under the age of 13 should not submit any personal information without the consent of their parent or legal guardian. If you are a child under 13 and want to purchase any product through the Website, please ask your parent or legal guardian to send us an email to the address written at the bottom specifying that they consent to us selling product and collecting your personal information through the Website. And we also ask you and your parent or legal guardian to read the Privacy Policy on the Website.


How to Proceed Your Order

1. After you submited your informatin, shipping and payment method, please click “Order” button to finalize your order at “Order Confirmation” page.
2. Order Received Email will be sent automatically to the email address you submitted.
  *If you couldn"t find the email in your mail box, please check the “spam” folder, and the setting of the mail domain filter. We use the domain, “kyotoanimation.co.jp”.
  *Please note that Order Received Email does not mean that your order has been confirmed.
3. After we received your order, we will start to check our stock because we are sharing the stock with our physical store in Kyoto.
4. If we could provide all the products you ordered, we will send you an Order Confirmation Email.
On the email, we will inform you of your ordered products, total amount which inclueds the shipping cost and payment information via PayPal.
5. If you could accept the total amount and the Terms and Conditions, please pay the total amount within 7 days since you received the Order Confirmation Email. We will keep the products for you for the period.
  *At the time of your payments completed, your order becomes confirmed.
6. After we could confirm your payment, we will ship your order within two our business days. Your ordered products will be professionally packed with cardboard box.
7. When we completed shipping your package, we will send you an Shipping Confirmation Emal, which includes your package"s tracking number and website URL on which you can check the status of delivery.


Product Information

We take great care when putting product information, descriptions and images on the Website but will not be held responsible for any mistakes or omissions to any information given.


Prices and Shipping cost

The prices indicated on the Website are quoted in Japanese Yen and do not include shipping costs.

Besides, please note that you are responsible for the customs duty, taxes and VAT that your country might apply. Coustoms authority of your country will determine these additional costs after your package reached them. So we cannot answer to any questions about the additional costs. Please contact your local customs office or its agents for more information.

(Other information we may wish to inclued: )
These additional costs are normally collected by the delivering freight (shipping) company, or when you collect your package. Please do not mistake them for additional shipping costs.

We are required to comply with law as a business entity, so please don"t ask us to underestimate the value written on your invoice or mark as a “GIFT” in order to avoid paying the customs duty. We cannot and will not do it.

The shipping cost are clearly shown and invoiced at the end of the order in addition to the price of the products. It will be automatically calcurated based on the gross weight. We reserve the right to modify our prices and the shipping cost at any moment, but this modification will be indicated to you on the Order Confirmation Email.

Please note that especially your shipping cost may be modified because of the weight of the cardboard box and bubble wrap.

We does our utmost best to display accurate product information. However, if a product is displayed with an incorrect price, we reserve the right to refuse or cancel any order placed at the incorrect price. We will inform you of the correct price and you are asked to indicate whether you wish for the product on the correct price, or whether you wish to cancel the order.


Availability

When we check our stock for your order, we might find that the product you ordered is out of stock because we are sharing the stock with our physical store in Kyoto.

Should the stock is not available, we will inform you of these options;

1. If we can provide the product from our warehouse, which is a little far from our physical store, we will ask you if you wish for it even you need more three or four days for shipping.

2. If we cannot provide the product in any way, we are permitted to cancel the product from your order and we will ask you if you wish for the other products we can provide.


Payment

We currently accept payments only via PayPal. But, you can use major credit card on the PayPal service. This payment uses advanced SSL encryption to keep your transaction secure and does not cost you anything to use (Kyoto Animation Co., Ltd. is charged as the seller, you are not charged as the buyer. ). Please refer to PayPal for full terms and conditions of use.

We ask you to pay the total amount within 7 days since you received the Order Confirmation Email. If you failed to pay by the due date, we are permitted to cancel your order at our discretion.

The currency we can accept is Japanese Yen. We kindly ask for your understanding.
*Currency exchange fees might apply. Please refer to your bank/credit card provider for further information.


Shipping

Your order will be shipped to the address you indicated when your order was confirmed. The products bought on the Website will be shipped to one address in the US. We do not ship to the other countries or to PO Box addresses. We kindly ask for your understanding.

You can choose your shipping method from the two below.

EMS ... An international postal Express Mail Service, which generally takes 2-3 days to a destination in the US. For preparing the case of damage or loss during delivery, we add the insurance charges to your order. But the charges is free, if your total of ordered products is under 20000 JPY. You can see the details at the URL below.
https://www.post.japanpost.jp/int/ems/index_en.html

International ePacket...This postal service is an Small Packet with Registered Mail option, which is sent by airmail and cheaper price comparing to EMS. You can select this if your package becomes under 2kg. It will take about 6 to 10 days to a destination in the US. You can see the details at the URL below.
https://www.post.japanpost.jp/int/service/epacket_en.html

We will do our best to respect the delivery times indicated above. However, we cannot be held responsible for the consequences of a late delivery or the loss of a package caused by a third-party contracted to make delivery, or by you, or because of some unforeseen event or an Act of God. In the event where you cannot receive your package, an investigation will be conducted with the carrier and may take several days upon receipt of your claim. During this period of investigation, no reimbursement or re-delivery will take place.


Return Policy

If you are not entirely satisfied with our product, you may return it within 7 days of the date of delivery for a full refund. Please follow the steps and conditions below.

1. Please contact us by email and tell us which product you wish to return. If a product is returned to us without prior notice, refunds is not accepted.
2. We will reply to it and send a Return Form data including a Returning Acception Number.
3. Please send the product to us within 7 days of the date after you received the Return Form. And when you ship it, please use a shipping method with a tracking feature to avoid further problems.
4. In the package that you send to us, please pack everything below.
  the product that we accepted to be returned
  the invoice that we originally sent you ( a copy is OK)
  a hard copy (printout) of the Return Form with your signature. (This is for the explanation to the customs office of Japan)
5. To be eligible for a refund, your product must be new and in the original condition that you received it. Any product that has been damaged, is not in its original packaging, or that has been worn beyond simply opening the product, will not be refunded.
6. You are responsible for all shipping costs. The initial shipping costs and return shipping costs are non-refundable.
7. Once we received the returned product from you, we will notify you by email that we have received it. We will inspect the product, and if your return is approved, we will initiate a refund to you. All refunds go to the original purchaser. Refunds will be made to the same method of payment and account used to place the original order. Please allow about 2 to 4 weeks for the refund being completed.


Damage and Defect of Product

We do pack your order carefully, however, in case that your received any damaged or defective product, we truly apologize you and sincerely ask you to follow the options below.

A. When you received your package, the outside of the package was apparently damaged.
Please take some pictures of the damaged package BEFORE YOU OPEN IT. After opened the package, please check your products and if they have any damage, please take pictures of them, too.

B. When you received your package, the outside of the package was apparently not damaged, but you opened it and found your product was damaged or defective.
Please take pictures of them.

In each case of A and B, please follow the steps below.

1. Please contact us by email within 14 days of the date of delivery, with attaching the pictures you took, which can clarify the damage and/or defect.
2.If we have another stock of the product, we will immediately send you the replacement at our shipping cost. After you could receive it, please follow the instruction of us about the damaged and/or defective product.
3.In case the replacement is out of stock, we reserve the right to cancel the product and refund you its cost. We kindly ask for your understanding.


Incorrect or Missing Product

We truly apologize for any error that made in the processing of your order and for any inconvenience it may have caused.
If you received incorrect products and/or are missing any product from your order, please let us know within 14 days of the date of delivery. We will immediately start our investigation and once we complete it, we will ship the correct product to you accordingly.
However, in case the correct product has become out of stock, we reserve the right to cancel the product and refund you its cost. We kindly ask for your understanding.


Privacy and protection of personal data

The details you give us are essential for the processing and delivery of your orders, for billing and, in case, for warranty or refunding, therefore failure to provide these details will result in the cancellation of your order. By ordering on the Website, you agree to provide us with sincere and true information as it concerns you. Communicating false information is contrary to the Terms and Conditions.

You have the permanent right to access and correct all the information that concerns you. You can at any time make a request to Kyoto Animation to find out what personal information we hold concerning you. You may at any time, and by request, modify or delete this information.

Cookies record certain information stored on your hard drive. This information enables us to generate statistics based on data from visitors to the Website and suggest products that might interest you according to the products that you selected when you previously visited the Website. Cookies do not contain any confidential information about you.
Please read our Privacy Policy for more details.


Intellectual ownership

All the content on the Website, including but not limited to illustrations, texts, names, brand name, store name, images and videos, is the property of Kyoto Animation and/or their Production Committee. Customers are required to enjoy solely shopping on the Website and no other purposes.

Any partial or total reproduction, distribution, display or transmission of this content, by any means and on any support, is subject to prior and express authorisation by Kyoto Animation. All information, content and files is protected by International law concerning intellectual ownership and copyright. We cannot give you the right to copy, distribute or display content that you do not have the intellectual rights to. All fraudulent use of this content that violates the rights held by us constitutes an offence of forgery, which is severely punished under the Intellectual Property Code.


Fraud Protection

As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or we may call you at the phone number you provided (or use your email address) to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.


Waiver and Severability

Any failure of Kyoto Animation to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. The Terms and Conditions constitutes the entire agreement between you and Kyoto Animation, and governs your use of the Website, superseding any prior agreements (including, but not limited to, any prior versions of the Terms and Conditions). If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.


Warranty Disclaimer

This Website and the materials and products on the Website are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Kyoto Animation disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement.


Limitation of Liability

Kyoto Animation shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on the Website or the performance of the products, even if we have been advised of the possibility of such damages. However, applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.


Applicable Law

You agree that any disputes arising out of or relating to the Terms and Conditions, the Privacy Policy, use of the Website, or our products offered on the Website will be resolved in accordance with the laws of Japanese, and that any dispute of any sort that might arise between you and Kyoto Animation shall be subject to the exclusive jurisdiction of Kyoto District Court in JAPAN.


Contact Us

If there are any questions regarding the Terms and Conditions and/or the Privacy Policy, you may contact us at the information below.

Kyoto Animation Co., Ltd.
32, Oseto, Kohata, Uji-shi, Kyoto 611-0002 JAPAN
TEL: +81-774-33-1130
FAX: +81-774-33-5162
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Last Edited on 2018-09-19