Condition of Use

Welcome to the japanesque.com. PRODIGI corporation, a Japanese corporation, and/or its affiliates (“PRODIGI”), which provide website features and other products and services to you when you visit or shop at the japanesque.com, use PRODIGI products or services, use PRODIGI applications for mobile, or use software provided by PRODIGI in connection with any of the foregoing (collectively, “PRODIGI Services”). PRODIGI provides the PRODIGI Services subject to the following conditions. By using PRODIGI Services, you agree to these conditions. Please read them carefully. We offer a wide range of PRODIGI Services, and sometimes additional terms may apply. When you use an PRODIGI Service (for example, Your Profile, Gift Cards, PRODIGI Video, PRODIGI devices or PRODIGI applications for mobile) you also will be subject to the guidelines, terms and agreements applicable to that PRODIGI Service (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, the Service Terms will control.

PRIVACY

Please review our Privacy Notice, which also governs your use of PRODIGI Services, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you use any PRODIGI Services or send e-mails, text messages, and other communications from any device to us, you are communicating with us electronically. You consent to receive communications from PRODIGI electronically, such as by e-mail, text messages, mobile push notices, or notices and messages on this site or through other PRODIGI Services, such as our Message Center (collectively, the “Electronic Notice”). You agree that all agreements, notices, messages, disclosures and other communications that PRODIGI provides to you by Electronic Notice satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included in or made available through any PRODIGI Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations, is the property of PRODIGI or its content suppliers and protected by copyright laws of United States, Japan and international copyright laws. The compilation of all content included in or made available through any PRODIGI Services is the exclusive property of PRODIGI and protected by copyright laws of United States, Japan and international copyright laws. All rights on the information provided in or through any PRODIGI Services and images, etc., are reserved. 

TRADEMARKS

These and other trademarks that appear in any PRODIGI Service are trademarks of PRODIGI and may be registered in Japan or in certain other countries. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any PRODIGI Service are trademarks or trade dress of PRODIGI in the U.S. and other countries. PRODIGI’s trademarks and trade dress may not be used in connection with any product or service that is not PRODIGI’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits PRODIGI. All other trademarks not owned by PRODIGI that appear in any PRODIGI Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by PRODIGI.

LICENSE AND SITE ACCESS

Subject to your compliance with these Conditions of Use and any Service Terms, PRODIGI or its content providers grant you a limited, non-exclusive, nontransferable, non-sublicensable license to access and make personal and non-commercial use of PRODIGI Services. This license does not include any resale or commercial use of any PRODIGI Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any PRODIGI Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by PRODIGI or its licensors, suppliers, publishers, rightsholders, or other content providers. No PRODIGI Service, nor any part of any PRODIGI Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of PRODIGI. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of PRODIGI (including images, text, page layout, or form) without express written consent. You may not use any meta tags or any other “hidden text” utilizing PRODIGI’s name or trademarks without the express written consent of PRODIGI. You may not misuse the PRODIGI Services. You may use the PRODIGI Services only as permitted by law. The licenses granted by PRODIGI terminate if you do not comply with these Conditions of Use or any Service Terms.

YOUR ACCOUNT

You may need your own PRODIGI account to use certain PRODIGI Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. the japanesque.com does sell products for children, but it sells them to adults (18 years old or older) only. If you are a minor, you may use the PRODIGI Services only with involvement of a parent or legal guardian.

PRODIGI reserves the right to refuse service, terminate accounts, terminate your rights to use PRODIGI Services, remove or edit content, or cancel orders in its sole discretion, if there is reasonable doubt that you did not comply with the Conditions of Use or any Service Terms, or have conducted an unlawful, abusive, or otherwise inappropriate act.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments, photos, videos, and other content; submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. PRODIGI reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you are deemed to have granted PRODIGI a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant PRODIGI and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify PRODIGI for all claims resulting from content you supply. PRODIGI has the right but not the obligation to monitor and edit any activity or content. PRODIGI takes no responsibility and assumes no liability for any content posted by you or any third party.

INTELLECTUAL PROPERTY COMPLAINTS

PRODIGI respects the intellectual property of others. If you believe that your work has been copied or used in a way that constitutes infringement of copyright or other intellectual property, please follow our Notice and Procedure for Making Claims of Intellectual Property Infringement.

ESTABLISHMENT OF CONTRACT

If you order a product through the japanesque.com, this site will provide an “order confirmation” Electronic Notice indicating order receipt confirmation and the details of the order. Your order is an offer to purchase the product. For all products sold by the japanesque.com, regardless of the payment method and delivery option you choose, your offer to purchase the product is accepted and a contract is established when this site provides a “shipment confirmation” Electronic Notice. 

RETURN AND REFUND

The department in charge will start the refund procedure in order once we receive the returned item from you. The amount of time required to complete the refund process after you have returned the item will differ based on the processing capacity of the Return Center and the payment method selected. Please refer to the Refund page for details. We will notify you by Electronic Notice once the procedure is completed. No interest will accrue with respect to amounts to be refunded by the japanesque.com.

TRANSFER OF TITLE / RISK OF LOSS

Title for all items purchased on the japanesque.com will pass to you upon our delivery to the carrier regardless of the payment method and delivery option you choose. However, if items are lost due to intentional acts or negligence of the carrier before reaching the designated delivery address, the japanesque.com will bear responsibility for such loss.

PRODUCT DESCRIPTIONS

PRODIGI attempts to be as accurate as possible. However, PRODIGI does not warrant that product descriptions or other content of any PRODIGI Service is accurate, complete, reliable, current, or error-free. If a product sold by the japanesque.com is not as described, please return it in unused condition. We will refund the price as your sole remedy for the inaccuracy.

PRICING

Our site attempts to maintain accuracy of product descriptions on the site as possible. However, if there is incorrect price information or price-related information (such as PRODIGI Points allocation) on the site, we will make price adjustments as follows:

If an item’s correct price is lower than our stated price, we will charge the lower amount.

If an item’s correct price is higher than our stated price, the japanesque.com will, at its discretion, either contact you before shipping to inform you of the correct price and ask for shipping instructions, or cancel your order and notify you of such cancellation.

SANCTIONS AND EXPORT POLICY

You may not use any PRODIGI Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using PRODIGI Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software, technology, and services.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE PRODIGI SERVICE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PRODIGI SERVICEARE PROVIDED BY PRODIGI ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. PRODIGI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PRODIGI SERVICE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED IN THIS SITE OR THE PRODIGI SERVICE, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PRODIGI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

PRODIGI DOES NOT WARRANT THAT THE PRODIGI SERVICE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PRODIGI SERVICE, PRODIGI’S SERVERS, ELECTRONIC NOTICE PROVIDED FROM PRODIGI ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PRODIGI WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES OF ARISING FROM THE USE OF ANY PRODIGI SERVICE, OR A PRODUCT SOLD TO YOU THROUGH THE PRODIGI SERVICE. IF THE USE OF ANY PRODIGI SERVICE OR A PRODUCT SOLD TO YOU THROUGH THE PRODIGI SERVICE CAUSES YOU TO DIRECTLY SUFFER PHYSICAL OR MATERIAL LOSS, AND SUCH LOSS IS ATTRIBUTABLE TO PRODIGI’S NEGLIGENCE (EXCLUDING WILLFULNESS OR GROSS NEGLIGENCE), PRODIGI’S LIABILITY WILL BE LIMITED TO AN AMOUNT EQUAL TO THE FEE FOR THE SERVICE (FEE FOR ONE TERM IN CASE OF CONTINUOUS SERVICE) OR THE PURCHASE PRICE OF THE PRODUCT.

LAWS IN CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW

By using any PRODIGI Service, you agree that the laws of Japan, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and PRODIGI.

DISPUTES

In addition to venues permitted by law, the Tokyo District Court is designated as a non-exclusive venue for any dispute relating to the use of PRODIGI Services. However, for business customers, you agree that the Tokyo District Court will be the exclusive venue for such disputes.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your visit to the japanesque.com. The japanesque.com reserves the right to make changes to our site, policies and these Conditions of Use at any time. If any part of these Conditions of Use is deemed invalid, void or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

OUR ADDRESS

Please refer to the page regarding Information Provided Under Japan’s Act on Specified Commercial Transactions where PRODIGI is distributor of goods or services.