ALEXCIOUS

Thank you for visiting the Alexcious.com website operated by ALEX Corporation (the “Website”).

All services provided on the Website (the “Services”) are subject to the following terms of use (the “Terms of Use”). Please read the Terms of Use and Privacy Policy carefully before using the Services. Upon your use of the Website, you will be deemed to have agreed to the Terms of Use and Privacy Policy.

We reserve the right to make revisions to the Website, Terms of Use and Privacy Policy at any time. If you use the Website after such revisions, you will be deemed to have agreed to the revised Website, Terms of Use and Privacy Policy.

YOUR ACCOUNT

Since you are responsible for your account and password and all transactions using such account and password, please keep your account and password strictly confidential. We are not responsible for any improper use of your account or password by any third party.

If you are under 20 years old, you may make an account only with the consent from the person who has parental authority or is a legal guardian.

FORMATION OF PURCHASE AGREEMENT

If you place an order for a product on the Website, such order is an offer to purchase the product sold on the Website. No cancellation of the order is accepted after you place an order for a product on the Website. The Website (i) will send you an “order confirmation” email upon receipt of your order and (ii) will send you a “shipment confirmation” email upon dispatch of product(s).

Your offer to purchase the product(s) is accepted and a purchase agreement is formed when the Website sends you a “order notification” email.

The Website may send you a “cancellation email” indicating that your order is cancelled, if any of the circumstances set forth below occurs, regardless of whether an “order confirmation” email has been sent to you. Your order will be deemed cancelled upon the transmission of “cancellation email” from the Website to you.

• (a) The product(s) you ordered is not available or out of stock due to any unforeseen circumstances and which is not expected to become available in the future;
• (b) It becomes clear that the information you provided to the Website is inaccurate;
• (c) We reasonably determine that you plan to resell the product(s) to a third party;
• (d) You violated any of the provisions in the Terms of Use or any other provision on the Website; or
• (e) We reasonably determine that it is appropriate to cancel your order.

In the event the Website sends you a “cancellation email” after you made a payment for the product(s), the Website will promptly carry out the refund procedure via PayPal online payment system (“PayPal”) or Square online payment system ("Square").

TRANSFER OF TITLE

Title for the product(s) which you have purchased on the Website will be transferred to you at the time when a “shipment confirmation” email is sent to you which is also the time when a purchase agreement is formed. Except for items provided in “RETURN AND REFUND,” we will not be responsible for any loss, malfunction, damage or any other harm to the product(s) arising after the transfer of title for the product(s).

PAYMENT

You are requested to make a payment for the product(s) in advance via PayPal or Square.

RETURN AND REFUND

The Website will accept the return or exchange of the product in which any defect (i.e. any malfunction or damage, etc. which existed from the beginning or which occurred during shipment) is found upon request from you as long as such product is returned to us (at our cost) within 10 days from the date of its arrival to you.

In case of return of any product due to any reason attributable to you, return of such product is accepted only if such product is unopened and unused and is returned (at your cost) within 10 days from the date of its arrival to you. The Website will not accept the exchange of any product due to any reason attributable to you.

In case of return of any product, the amount which you paid to us will be refunded to you (provided that the amount of shipping fee will be deducted in case the product is returned for any reason attributable to you), but no interest will accrue with respect to the amount to be refunded by us.

Please promptly check the product(s) upon its arrival since we do not accept any return or exchange of product after the expiration of return period.

PRODUCT WITH MANUFACTURER’S GUARANTEE LETTER

We will forward any product with manufacturer’s guarantee letter to such manufacturer as long as the product is returned to us (at our cost) within 10 days from the date of its arrival to you. Since the Website does not accept any questions or requests for repair or exchange, etc. of product for which the said period elapsed regardless of what is stated in the guarantee letter, please contact the manufacturer directly for such questions or requests.

The “purchase date”, which is the commencement date of guarantee period, will be the date when a “shipment confirmation” email is transmitted from the Website to you.

The guarantee will not apply to any product which is shipped to a recipient outside of Japan and which contains a guarantee letter with the statement “guarantee valid only in Japan”.

SALE PRICE

The products will be sold in Japanese yen only. In the product description provided in our STORE webpage, the sale price of each product (or for each color or pattern used in the product in case of any product for which the sale price varies by its color or pattern) is indicated in Japanese yen. No consumption tax is included in case of overseas shipments.

The STORE webpage also provides the approximate prices (Approx) of products in your local currency (the "Approximate Price"), but the Approximate Prices are provided to you for reference purpose only and are not actual sale prices. The Approximate Price, which is updated every hour, is an approximate price converted from Japanese yen to your local currency using the currency exchange rate of Yahoo Finance.

SHIPMENT

We offer not only domestic shipments, but also international shipments; provided, however, that there are products for which we only offer domestic shipments. Such products are provided in the product description.

There may be cases where tariff, import duties or other tax or customs fee, etc. (“Tariff, etc.”) is imposed depending on the country to which the shipment is made. The recipient of the product(s) will be responsible for the payment of Tariff, etc. Further, the recipient of the product(s), as an importer under the customs clearance procedure, will be responsible for complying with all applicable laws. We can not respond to refund when the recipient refuses to accept the product(s) due to Tariffs, etc.

DISCLAIMER

ALL INFORMATION, CONTENTS AND MATERIALS INCLUDED IN THE WEBSITE AND PRODUCTS AND SERVICES SOLD OR PROVIDED ON THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING.

WE MAKE NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, (I) AS TO ITS ACCURACY, COMPLETENESS, RELIABILITY, USABILITY, RECENCY, QUALIFICATION OR FITNESS FOR PARTICULAR PURPOSE AND (II) AS TO ANY PRODUCT OR SERVICES WHICH ARE SOLD OR PROVIDED ON THE WEBSITE, UNLESS OTHERWISE SPECIFIED IN THE JAPANESE LAW, THE TERMS OF USE OR OTHER DOCUMENT PROVIDED FROM US TO YOU.

SINCE WE MAKE NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, THAT THE PRODUCT(S) ARE APPROPRIATE OR AUTHORIZED FOR USE IN ANY COUNTRIES OTHER THAN JAPAN, IN CASE THE RECIPIENT OF THE PRODUCT(S) WILL BE USING THE PRODUCT(S) IN ANY COUNTRY OTHER THAN JAPAN, PLEASE USE IT AT THE RECIPIENT’S OWN RISK.

USE OF WEBSITE

YOU SHALL USE THE WEBSITE AT YOUR OWN RISK AND WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE WEBSITE.

WE DO NOT WARRANT THAT EMAILS SENT TO YOU FROM THE WEBSITE OR RELEVANT SERVER ARE HARMLESS AND FREE OF VIRUS.

WE WILL NOT BE LIABLE FOR ANY DAMAGES INCURRED BY YOU FROM ANY KIND FROM INTERRUPTION, DELAY OR DISCONTINUATION OF SYSTEMS OR MISSING DATA DUE TO FAILURE OF COMMUNICATION LINES OR COMPUTERS OR DUE TO UNAUTHORIZED ACCESS TO THE DATA.

LIMITATIONS OF LIABILITY

IF ANY PRODUCT CAUSES YOU TO SUFFER ANY DAMAGE AND/OR LOSS AND SUCH DAMAGE AND/OR LOSS ARE ATTRIBUTABLE TO OUR INTENTIONAL MISCONDUCT OR NEGLIGENCE, WE WILL BE LIABLE UP TO THE AMOUNT EQUIVALENT TO THE SALE PRICE OF THE PRODUCT.

SALE OF PRODUCTS OR PROVISION OF SERVICES BY THIRD PARTY

A third party may sell products or provide services to you via the Website. In such case, we are only responsible for providing a “Platform” for the transactions and are not responsible for the products, services or the contents on the website provided by such third party. You will be responsible for the use of the website of the third party, and therefore, please use the website of the third party at your own risk after making sure that you understand the terms of use, privacy policy and other provisions prescribed by such third party.

PROHIBITED MATTERS

You are prohibited from conducting the following acts:

• Infringement of intellectual rights or any other rights or interests of the Website, us, users of the Website or any other third parties relating to the Website;
• Defamation of the Website, us, users of the Website or any other third parties relating to the Website;
• Any wrongful acts, including placement of orders without intention to make payments, resale of the products to a third party, use of the Website through unauthorized use of third party’s identity and provision of false information to the Website; or
• Violation of any laws applicable to you.

INTELLECTUAL PROPERTY

All contents included in the Website, including, but not limited to, information, logos, images, illustrations, graphics, audio and video clips, flash animation and text are our properties or properties of its content suppliers and protected by the Copyright Law of Japan and any other applicable laws.

By transmitting to or posting the contents on the Website, you will be deemed to have granted us with a non-exclusive, royalty-free and perpetual right to copy, reproduce, adapt, translate and publish such contents, unless otherwise prescribed in the Website. The Website also has rights to edit such contents at its sole discretion.

At the time of your transmission or posting of contents on the Website, you represent and warrant to us that you have the copyright to such contents and such contents do not infringe on the rights of any third parties.

PRIVACY POLICY

The Website handles your personal information according to the Privacy Policy posted on the Website.

TERMINATION OF SERVICES

The Website (i) may change, suspend or discontinue all or part of Website and Services, (ii) may impose limits on features of Website and Services which are normally available to you and (iii) may restrict your access to all or part of the Website, at its sole discretion without notice. The Website is not liable for any damages incurred by you arising from such decisions.

GOVERNING LAW

The Terms of Use, Privacy Policy and any transactions and disputes arising from the Website shall be governed by the laws of Japan, without regard to principles of conflict of laws.

JURISDICTION

The Tokyo District Court shall be the court of first instance having exclusive jurisdiction over any disputes arising from the Website and any transactions based on the Website.

Display of Information of Liquor Sales Manager

It is legally prohibited under the Japanese law to purchase or drink alcohol if you are under 20 years of age. The Website doesn't sell alcohol if you are under 20 years of age. This information is displayed in accordance with requirements outlined in Article 11-18 (Display of Information) of Japan's Ordinance for Enforcement of the Act on the Maintenance of the Liquor Tax and on Liquor Business Associations.

CONTACT INFORMATION

Last update: 2018 Feb. 14th