Sales Policy

 

Online Shop Terms of Use


Welcome to http://www.kitchoan.com (the "Site"), owned and maintained by USA K.MINAMOTO Co., Inc. Use of the Site is provided to you subject to the following terms and conditions of use. In the Terms of Use, the words “you” and “your” refer to customer or user using this Site, and “we”, “us”, “our”, “Company” and “K.MINAMOTO” refer to http://www.kitchoan.com and “Services” refers to all services provided by us. We reserve the right, in our discretion, to change or modify any or all of the Terms of Use at any time, effective immediately upon the posting of the revised Terms of Use on the Site.

By accessing this Site, you acknowledge that you have read, understand, and agree to be unconditionally bound by the Terms of Use and we therefore advise you to read the Terms of Use carefully and to save or print a copy of the Terms of Use for future reference. Your use of the Site constitutes your binding acceptance of the Terms of Use, as amended from time to time, and our Privacy Policy, found at http://kitchoan.lecanal.fr/en/privacy-policy/, incorporated herein by reference. If you do not agree to the Terms of Use, you must cease using and accessing the Site immediately.



A. DESCRIPTION OF SERVICES

1. ACCURACY OF THE SITE

K.MINAMOTO is not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions. You hereby acknowledge that any reliance on the material on this Site is at your own risk.

2. PRICES

All prices of products on this Site (the “Product(s)”) are stated in United States Dollars and are intended to be valid and effective only in the United States. They do not include any applicable sales tax payable, and they do not include the charge for delivery. K.MINAMOTO may vary the prices of Products listed on this Site at any time and without any notice.

3. Time a Purchase and Sale agreement is Established

A purchase and sale agreement shall be established at the time the customer clicks the “Place Order” button on the purchase screen of the Site. Once the “Place Order” button has been clicked, the customer may not cancel the order at their discretion.

4. Delivery

Orders will be sent to the delivery address that you have given on your order form. We cannot be held responsible if that delivery address is incorrect or incomplete. You hereby acknowledge that the title in the Products will pass to you on the date and time of delivery of such Products to your nominated address. Once a Product has been received by you, all risk of damage to, or loss of, the Product shall pass to you.

5. Payment

The total cost of your order will be the purchase price for the Products, plus any delivery charge, and applicable sales tax, if any. The methods for payment of purchased products are by Paypal.

6. Returns and Exchange

Except for cases where the Company is at fault, such as where a product is faulty or defective, products cannot be returned or exchanged.

B. PROHIBITIONS ON THE CUSTOMER

Actions that correspond to, or have a risk of corresponding to, any one of the following items are prohibited in the usage of the Site. In the event that one of the following items are violated, the Company may suspend transactions with the infringing customer. Further, such infringing customer shall be liable to compensate the Company and other customers for any damage arising from the infringing actions.

  1. Any action violating a law or public order and morals;
  2. Any action that hinders, or has a risk of hindering, the operation of the Company’s website.
  3. Any action that causes the Company or another customer to suffer loss with respect to its rights, profit, reputation, etc.;
  4. Posing as another user to conduct transactions;
  5. Ordering products without intention to purchase them; or
  6. Any action violating any rules determined by the Company, or any action that is deemed to be inappropriate by the Company.

C. PRIVACY POLICY

Please review our complete Privacy Policy at http://kitchoan.lecanal.fr/en/privacy-policy/ to learn more about how we collect and use information provided by you via your access to the Site and use of our services.

In the event that K.MINAMOTO, or substantially all of its assets are acquired by one or more third parties as a result of an acquisition, merger, sale, reorganization, consolidation or liquidation, our databases containing your information may be one of the transferred assets. In using our services, you consent to such transfer.

K.MINAMOTO shall disclose information provided by you to the extent required by law through subpoena, search warrant or other legal process or requirement or as necessary to protect the rights, property or safety of K.MINAMOTO or others.

You acknowledge that your email communications with us might not be secure, and that a third party could hack into the Site and view any information you send by email in transit. K.MINAMOTO will have no liability for disclosure of your information due to errors or unauthorized acts of third parties during transmission.

D. DISCLAIMER

Your use of this Site is at your own risk. If you are dissatisfied with the Site or with any of the Terms of Use, your sole and exclusive remedy is to discontinue accessing and using the Site. THE COMPANY DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, NOR DOES THE COMPANY WARRANT THAT ANY DEFECTS IN THE SITE OR INACCURACIES IN THE COMPANY CONTENT WILL BE CORRECTED.

WITHOUT LIMITING THE FOREGOING, THE SITE AND ALL OF THE COMPANY CONTENT ARE PROVIDED TO YOU "AS IS". NONE OF THE COMPANY, ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE, ANY K.MINAMOTO CONTENT OR ANY PRODUCTS PURCHASED OR OBTAINED, DIRECTLY OR INDIRECTLY, THROUGH USE OF THE SITE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE IS ASSUMED SOLELY BY YOU

You specifically acknowledge and agree that K.MINAMOTO and its officers, directors, employees and agents are not liable for any defamatory, offensive or illegal conduct of any user. In addition, while we intend to take reasonable steps to prevent the introduction of viruses or other destructive materials to the Site, we do not warrant, guarantee or make any representations that the Site, or any K.MINAMOTO content made available through the use of the Site, will be free of viruses or destructive materials and we shall not be liable, for any viruses or other destructive materials that may infect your computer equipment or other property.

E. LIMITAION ON LIABILITIES

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, K.MINAMOTO, ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARE NOT LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, OR INABILITY TO ACCESS OR USE THIS SITE, INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOST PROFITS, LOST SAVINGS, OR LOST REVENUES, HOWEVER SUCH DAMAGES ARE CAUSED AND WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER K.MINAMOTO, OR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

F. MISCELLANEOUS

The Terms of Use shall be construed in accordance with the laws of the State of New York without regard to its conflict of laws, and the parties irrevocably consent to bring any action to enforce the Terms of Use in the federal or state courts located in the State of New York. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. The Terms of Use constitute the entire agreement between the parties relating to the subject matter herein and shall not be modified except as provided herein.

HOW TO CONTACT US:

If you have any questions or comments about the Terms of Use or this site, please contact us by:
USA K.MINAMOTO Co., Inc.
TEL:212-489-3747
Mail : minamoto.ny-order@kitchoan.com