Terms of service

Oomaru Seisakusho 3, Inc. (hereinafter referred to as “we”, “our”, or “us”) sets forth the following terms of use (these "Terms of Use") for the mail-order sales services for individuals provided by us (including those services provided through PC websites, tablet websites, smartphone websites, and smartphone apps, hereinafter referred to as the “Website”). When using the Website, you must read this Terms of Use in its entirety and agree to it. The handling of customer information on the Website complies with the privacy policy posted on the Website.

Article 1. This Terms of Use and the Individual Agreement. These Terms of Use are intended to establish a relationship of rights and obligations between us and a customer using the Website (the “Customer”) with regard to the use of the Website. These Terms of Use shall apply to any and all relationships related to the use of our service between the Customer and us. In addition to these Terms of Use, we may set forth an individual agreement (the “Individual Agreement”) for the use of the Website (including the handling of customer information on the Website). In such case, the Individual Agreement shall apply simultaneously with this agreement, and unless otherwise specified, the Individual Agreement shall prevail.

Article 2. Qualifications. The Customer shall guarantee that neither the Customer nor any related parties (including the delivery destination for the products designated by the Customer, affiliated companies, and any other related persons) are involved with criminal syndicates, criminal syndicate members, criminal syndicate-related companies, racketeers, or any other anti-social forces. In the event of a violation of the foregoing, the Customer shall immediately lose the qualification to use the Website without notice from us and agrees in advance that any orders for products already placed shall be cancelled.

Article 3. Services of Websites.

• (a) The Customer can purchase designated products (the “Products”) on the Website; provided, however, that certain services may not be available due to the type of PC or other devices used by the customer and/or Internet connection.
• (b) We deliver the products purchased by the Customer to any location worldwide as specified by the Customer, through our designated delivery company. However, please note that there may be areas outside the delivery company's service coverage where we cannot deliver the products.
• (c) We may send important notices, service campaigns and other notices, order confirmation and shipment completion notice to the Customer by e-mail.

Article 4. Method of ordering Products.

• (a) Customers are asked to place an order by filling out the necessary information on the screen of the Website and sending it to us.
• (b) Even if the Customer places an order through a single application process, there may be multiple orders depending on the type of product ordered. The term “Order(s)” in these Terms of Use refers to each order if there are multiple orders.
• (c) At the Website, a purchase and sale agreement between the Customer and us is formed when we accept orders, check inventory and other necessary items, and our order processing is finalized.
• (d) The Customer agrees in advance that we may not be able to deliver the Products for which the Customer placed orders due to our website not being updated in time and such Products being out of stock or sold out. In this case, if the settlement for the purchase of such Product by credit card has been completed, we will refund the purchase price to such credit card (if the refund cannot be made through the relevant credit card company, a refund will be made by using a convenience store cash receipt service or transferring to a customer-designated financial institution deposit account); provided, however, that our obligation to refund shall not accrue any interest.
• (e) A large order from the same Customer or to the same delivery address may be cancelled at our sole discretion. We may also cancel orders that we believe are for resale (we do not undertake any obligation to explain to the Customer the reasons for such decision).

Article 5. Number of Days to Deliver. We will ship the products ordered on the Website within ten (10) days after approval for a credit card has been received; however, the Customer agrees in advance that if there is a deficiency or miss entry in the content of an order, or due to other matters such as transportation issues (e.g., traffic conditions), the time of the New Year, the Mid-Year Period, the summer holidays, bad weather, or other circumstances, shipment may not be possible within ten (10) days.

Article 6. Delivery of Products.

• (a) The title of the Products purchased by the Customer on the Website will be transferred to the Customer when we deliver the Products to a delivery company to the Customer’s designated delivery address (the “Delivery Address”); provided, however, that in the event the Products are lost due to willful misconduct or negligence of the delivery company prior to arrival at the Delivery Address, we will be responsible for such loss.
• (b) If we are unable to confirm the presence of a person at the Delivery Address at the time of delivery of the Products, we may post it in a locations generally recognized as delivery spaces, such as parcel delivery boxes or designated drop-off areas at the discretion of the delivery company.
• (c) When ordering products for delivery across international borders, be aware that customs authorities may open and inspect your shipment. Import taxes and duties, assessed upon the package's arrival at its intended destination, will be your obligation to pay. We wish to emphasize our lack of influence over these fees and our inability to forecast their total. For precise details, it's advisable to consult your local customs office before making a purchase. Should you decide to return an item, any import duties included in the original sale price will be refunded. However, if these costs were not part of the initial purchase, it will be up to you to seek reimbursement for these duties from your local customs authority. It is also important to observe all relevant laws and regulations of the destination country for your products. We cannot be held accountable for any legal violations on your part regarding such regulations.

Article 7. Shipping Fees. Apart from purchase price of the Products, we will pay a uniform delivery fee of 770 Japanese Yen (including consumption tax) for deliveries within Japan. However, for Customers who wish to have the Products delivered to addresses outside Japan, the shipping fee will be 30 US dollars.

Article 8. Payment.

• (a) We accept payment for the use price of the product and the delivery fee by credit card.
• (b) If you use a credit card (credit function), the settlement date will be when you complete an order for the product on this site. However, the settlement date may be delayed due to some system reasons. Billing and debit dates from credit card companies vary depending on the credit card company you use.
• (c) In order to prevent unauthorized use of credit cards, please note the following items.
• (c-i) Sometimes we provide customer registration information to a credit card or other company to which the customer has subscribed (hereinafter referred to as the "subscribing company").
• (c-ii) The Contract Company may provide the issuer of credit cards, etc. (hereinafter referred to as the "Issuer") with the registration information of customers provided by us pursuant to the provisions of the preceding item.
• (c-iii) The contract company implements the reconciliation between the customer information provided by us to the contract company in accordance with the provisions of Item 1 and the customer information held by the contract company, and the contract company responds to us with the results.
• (c-iv) The issuing company shall implement a reconciliation between the customer information provided to the issuing company by the provisions of Item 2 and the customer information held by the issuing company, and the issuing company shall respond to the contracting company and the contracting company shall respond to the results thereof.

Article 9 Refusal to receive products, etc.

• (a) If the customer does not accept the product or if the delivery cannot be completed due to the customer's circumstances, the product will be kept for up to seven days from the original plan delivery date. In this case, we will be able to file for the product storage fee, the re-delivery fee and other expenses.
• (b) In the event the products cannot be accepted by the customer within the period set forth in the preceding paragraph, such termination shall be deemed to be termination of the sales contract by the customer. In this case, we shall be exempted from the obligation to deliver the relevant product and shall receive from the customer an amount equivalent to the product amount as a penalty in addition to the storage fee set forth in the preceding paragraph.

Article 10 Damage and Indemnification

• (a) We will promptly notify you of any delay in the delivery of the products or the impossibility of delivery due to acts of God, enactment, revision or abolition of laws and regulations, terrorism, significant traffic restrictions, suspension of public services, traffic accidents, punishments based on the exercise of public authority, accidents of transportation systems, labor disputes, suspension of operations of subcontractors, infectious diseases, public health emergencies, or any other circumstances not attributable to us. Provided, however, that we shall not be liable for any damages incurred by the customer as a result thereof.
• (b) In the event the customer suffers personal injury or property damage due to the negligence of the delivery company when delivering the product to the delivery destination, we shall not be liable to the customer for damages.
• (c) In the event of any damage to the Customer due to our negligence, our liability shall be limited to the actual amount of damage that would normally arise from such negligent act, and in any case, the price of the goods pertaining to such order shall be limited to the maximum amount.
• (d) In the event of Article 4(d) and the proviso to Article 5, we shall have no liability to you.

Article 11 Disclaimer for Use of the Site

• (a) When a customer uses the site to purchase products, access information, or provide services, the customer shall comply with these Terms and Conditions and be responsible for such purchases.
• (b) Although the site strives to improve the quality of its information and services, it does not guarantee the safety, accuracy, or non-contamination of listed products and information or third-party software.
• (c) We shall have no responsibility whatsoever for any damage caused by the use of third-party software incorporated into this site.
• (d) We implement appropriate management of security measures when customers enter personal information. However, we understand that even in such cases, the risk of information leakage cannot be entirely eliminated.
• (e) We assume no responsibility for any failure of an order to arrive due to an Internet-related problem, failure to send an email, or any related damage.
• (f) We shall assume no responsibility for any damage caused by your use of the site in any way other than in the ordinary manner of use.

Article 12 Suspension of the site

We may discontinue or suspend the provision of all or part of the Site without prior notice to you if any of the following applies:

• (a) In the event of an emergency inspection or maintenance of a computer system related to this service
• (b) Failure of computers, communication lines, etc., incorrect operations, excessive concentrated access, unauthorized access, hacking, etc. that prevents the operation of this site
• (c) If we are unable to operate the site due to an inevitable event such as an earthquake, lightning strike, fire, storm or flood, power outage, natural disaster, etc.
• (d) In addition, if we determine that a suspension or interruption is necessary

Article 13 Cancellation and change after product order

We will process the shipment of the product immediately after receiving the order from the customer, so we cannot cancel or change the order after ordering the product.

Article 14 Return and exchange of goods

• (a) Upon receipt of the product, the customer shall promptly confirm the condition of the product and conformity to the order. In the event of any defective product, inconsistency between the delivered product and the ordered product, or any damage to the product during the delivery process (although the actual color of the product image on this site may differ slightly from the image of the product on this site due to the characteristics of viewing the product on a PC or mobile terminal, the difference between the color of the image and the actual product shall not be treated as a defective product or inconsistency in the order), the customer shall contact our contact point <info@overcoatnyc.com> by e-mail within one week of the delivery of the product.
• (b) Only when you contact us in the previous section within the due date and return the product to us, we will send the new product to the customer in accordance with our option, or refund the product price (if we are unable to refund through a credit card company or through a credit card company, we will refund by transferring it to a convenience store cash receipt service or a customer-designated financial institution account).

Article 15 Suspension of use

In the event that a customer experiences any of the following conditions, or if we determine that there are similar conditions, we agree in advance that we will be able to stop using the customer and refuse the shipment of the product or cancel the order without any notice.

• (a) In the event the Customer delays or fails to pay any obligations arising from the use of the Site
• (b) When a customer has received a dishonorable punishment on a draft or check that he/she has drawn or accepted.
• (c) The Customer is subject to attachment, provisional attachment, provisional disposition, compulsory execution, or disposition for delinquent payment of auction, taxes, or public dues, or the Customer is subject to a petition for commencement of civil rehabilitation proceedings, commencement of bankruptcy proceedings, etc.
• (d) In the event of voluntary or statutory liquidation procedures.
• (e) You violate any one of the provisions of this Agreement.
• (f) When it is discovered or we reasonably suspect that false or other people's information is contained in the information entered during the use of the Site.
• (g) In the event we reasonably suspect that we will refuse to receive or refuse to receive the goods stipulated in Article 9 when using the site.
• (h) In the event of any other objective circumstances that may deteriorate or threaten to deteriorate the state of property.
• (i) In the event of threatening behavior, act of violence, act that impairs the reputation of the Company, act of obstructing business by fraudulent means or force, or act of unjust demand.

Article 16 Prohibitions

The Customer shall not engage in any act that falls under any one of the following items or any act that we judge to fall under when using the Site.

• (a) Acts in violation of laws or in connection with criminal acts
• (b) Fraud or intimidation of us, any other users of the Site or any other third party
• (c) Act contrary to public order and morality
• (d) Acts that infringe on the intellectual property rights, portrait rights, rights of privacy, honor, other rights or incomes of us, other users of the Site or other third parties
• (e) Transmitting information that falls under or is deemed to fall under the following to us or other users of this site through this site
• (e-1)Do not share information that is excessively violent or abusive.
• (e-2) Avoid transmitting harmful content, such as computer viruses.
• (e-3) Refrain from posting content that defames us, other users, or any third party.
• (e-4) Do not use overly complex or obscure expressions.
• (e-5) Avoid content that promotes discrimination of any kind.
• (e-6) Do not disseminate information encouraging self-harm or drug misuse.
• (e-7) Avoid sharing antisocial content.
• (e-8) Refrain from spreading information to third parties, like chain mail.
• (e-9) Do not post content that may cause discomfort to others.
• (f) Information, including expressions that make others uncomfortable
• (g) Do not share information that is excessively violent or abusive.
• (h) Avoid transmitting harmful content, such as computer viruses.
• (i) Refrain from posting content that defames us, other users, or any third party.
• (j) Do not use overly complex or obscure expressions.
• (k) Avoid content that promotes discrimination of any kind.
• (l) Do not disseminate information encouraging self-harm or drug misuse.
• (m) Avoid sharing antisocial content.
• (n) Refrain from spreading information to third parties, like chain mail.
• (o) Do not post content that may cause discomfort to others.
• (p) The act of placing an excessive load on the network or system of the site
• (q) Reverse engineering and other analytical activities for the software and other systems we provide
• (r) Acts that may interfere with the operation of the Site
• (s) Unauthorized access to our network or systems
• (t) Acting as a third party
• (u) Advertising, advertising, solicitation, or business activities on the Site that we do not grant in advance.
• (v) Collection of information from other users of the site
• (w) Act that causes disadvantage, damage, or discomfort to us, other users of the Services, or other third parties
• (x) Provision of incomes to anti-social forces, etc.
• (y) Acts that directly or indirectly induce or facilitate the acts set forth in any of the preceding items.
• (z) Attempting to act in any of the preceding items

Article 17 Copyright

• (a) The design of this site, the copyright on the screen where the product information is posted, and the copyright and other intellectual property rights, such as the material on the product and the technical information, belong to us (including the third party in the case where we and a third party jointly hold the rights) or to the third party who has licensed the publication.
• (b) You may not reproduce, modify, transmit, post or make available to a third party any information (including image information) obtained through the use of the Site without our prior written approval.

Article 18 Changes to this Agreement, etc.

We reserve the right to amend this Agreement as necessary. In the event of any changes to these Terms and Conditions, the Company will publicize the effective date and the details of the amended Terms and Conditions by posting them on our website or through another appropriate method, or by notifying the Customer. However, should any changes require the consent of the customer under laws and regulations, such consent will be obtained in the manner prescribed by the Company.

Article 19 Revision of prices, specifications, etc.

The prices and specifications of products posted on this site may be changed or discontinued without notice.

Article 20 Liaison and Notice

• (a) Inquiries about this site and other communications or notices from customers to us, as well as notices of changes to this Agreement and other communications or notices from us to customers shall be made in the manner prescribed by us.
• (b) If we contact or notify you of the purchase page or any other e-mail address entered for use of the Site, you agree that you are deemed to have received such contact or notice.

Article 21 Governing Law and Court of Jurisdiction

• (a) The laws of Japan shall govern this Agreement and all matters agreed upon by the Customer when using the Site.
• (b) The Tokyo District Court shall have exclusive jurisdiction in the first instance over any and all disputes arising out of or in relation to this Agreement or the use of the Site.