Terms of Use of the Site

Use of this site constitutes acceptance of and agreement to be bound by the Terms of Use.

1. Revisions and Scope of the Terms of Use

(1.) The Terms of Use apply to Hikage and users of this Site and its Services.
(2.) Each User of this Site acknowledges Hikage’s right to revise or update in its entirety or partially the Terms of Use without any prior notice.
(3.) Once Hikage revises or updates in its entirety or partially the Terms of Use, the revised or updated provisions will be applied in connection with this Site and shall constitute the terms and conditions of providing Services through this Site.

2. Users

The term “Users of this Site” means any and all individuals or entities that use(s) this Site and its Services under the Terms of Use. Any use of this Site and its Services will constitute an acceptance of and agreement to comply with the Terms of Use.

3. Use of Services

Any User of this Site and its Services shall be in compliance with the Terms of Use when using this Site and its Services.

4. Use of personal information

The personal information collected or known by Hikage belonging to Users of this Site will be treated in accordance with Section 9 regarding the handling of personal information.

5. Prohibited Use

Users of this Site are prohibited from performing the following actions:
(1.) To provide his/her or third party’s false information during the use of this Site;
(2.) To act in such a way as may impede or interfere with the Services to be provided by this Site;
(3.) To act in such a way as may infringe upon intellectual property rights such as trademark rights, copyrights, design rights, patents, and/or portrait rights, privacy rights, publicity rights, or other rights or interests of Kataoka, any User of this Site, and/or any third party;
(4.) To act in such a way that is or may potentially be damaging, detrimental, or of annoyance to Hikage, Users of this Site, and any third party;
(5.) To use Services using a credit card inappropriately.
(6.) To act in such a way as may be a violation of public policy, the Terms of Use, or laws or governmental regulations of whatever jurisdiction;
(7.) To act in such a way as may be harmful to the reputation of Kataoka or an impediment to the Services of this Site; (8.) To eradicate or alter information belonging to Hikage, Users of this Site, and/or any third party;
(9.) To transmit, provide, or recommend viewing programs containing computer viruses or other detrimental programs or software; or
(10.) Any other actions that Hikage reasonably regard as unacceptable.

6. Copyright

(1.) Any and all materials, including, but not limited to, images, text, logos, drawings, voice data, video data, and programs (hereinafter referred to as “Contents”) posted on this Site are protected by copyrights, trademark rights, and/or other intellectual property rights belonging to Hikage, or a third party by whom Hikage has been granted licenses to use.
(2.) It is forbidden to duplicate, alter, divert, distribute, present, develop, or link the Site or its Contents without prior permission from Hikage.
(3.) If it is discovered that the Contents belonging to Hikage have been duplicated or diverted without a prior written consent by Hikage, or that any action in breach of Japanese or other country’s copyright law has been committed, Hikage may take legal action seeking legal protection.
(4.) If any conflict or problem with others arises from an action in breach of the Terms of Use, the User of this Site shall resolve the issue at his/her costs and responsibility, without causing any damages, expenses, or detrimental effects to Hikage.

7. Indemnification

If a User of this Site is in breach of the Terms of Use of this Site, or in case that Hikage incurs any losses or damages as a result of the use of the Services, the User of this Site shall indemnify Hikage for any and all of these losses or damages.

8. Exemption of Liability

(1.) Hikage neither represents nor warrants completeness, accuracy, applicability, usefulness, or rationality of the Services to be provided through this Site.
(2.) Hikage shall not be responsible to Users of this Site and/or any third party for any damages caused by the use of this Site or any modification, termination, interruption, or suspension of this Site.
(3.) Hikage shall not be responsible to Users of this Site who directly or indirectly incur losses or damages, regardless of the cause or circumstances, from an action taken by Hikage in compliance with the Terms of Use, or in connection with the use of this Site.

9. Privacy Policy

(1.) Hikage will collect personal information belonging to Users of this Site for the following purposes: (I.) To effectively handle various inquiries and/or requests, inclusive of those received via e-mail. (II.) To conduct research or analysis of marketing data for the development of or enhancement of services to be provided by Hikage. (III.) To send company newsletter to Users. (IV.) To pack and ship Merchandises. (V.) To calculate the amount to be charged for Merchandise and bill the charged amount.
(2.) In providing Users of this Site with the Services, Hikage will collect user information such as name, zip code, address, phone number, and e-mail address, as well as any other information of a User of this Site that may be needed to provide the Services effectively.
(3.) Hikage will always be in compliance with the Act for Protection of Personal Information, and in the handling of personal information enforce information security safety measures that work towards the prevention and correction of any possible cases of slandering loss of, or leaks of personal information.
(4.) Hikage will collect personal information belonging to Users of this Site, to be shared with the User’s credit card company, and the User’s credit card issuing company for the following purposes: (I.) To effectively handle various inquiries and/or requests, inclusive of those received via e-mail. (II.) To conduct research or analysis of marketing data for the development of or enhancement of services to be provided by Hikage. (III.) To send company newsletter to Users. (IV.) To pack and ship Merchandises. (V.) To calculate the amount to be charged for Merchandise and bill the charged amount. (VI.) To protect against fraudulent credit card use by third parties.
(5.) Hikage will not disclose the personal information of individual users to any third parties unless it is permitted by the Act for Protection of Personal Information.
(6.) All personal information collected on the site is protected by Secure Socket Layer (SSL) certificate encryption. Personal information belonging to the user is automatically encrypted before it is transmitted for the retainment of its confidentiality. The online transaction processing is provided by PAYPAL using the highest commercially available encryption technology – Extended Validation (EV) SSL Certificate encryption. All confidential information is automatically encrypted before it is transmitted, to protect the data from being read and interpreted.
(7.) We use cookies in order to improve your shopping experience when you visit this site. Cookies are small pieces of information that your web browser stores on your computer when you visit a website. Our cookies let us personalize your visits to this site and recognize you when you return. Information collected from these cookies may be used for the purposes laid out above in this privacy policy. Most browsers automatically accept cookies. You can disable cookies on your computer by indicating this in the preferences or options menus in your browser. If you disable cookies, you will not be able to shop at this site but will still be able to visit selected areas of the site.
(8.) Please direct any inquiries regarding personal information to the below e-mail address. E-mail: info@hikage-jewelry.com

10. User’s Registered Account

(1.) Users of the Services can create an account (hereinafter referred to as “Account”) as a registered user.
(2.) It is advised that Users do not disclose the information in their Account to any third party.
(3.) Users shall bear full responsibility for the confidentiality and retention of security in regards to the User’s Account and all activity that arises from the User’s Account. The user agrees to promptly notify Hikage of any issue regarding the safety and/or security of the User’s Account.
(4.) Hikage shall assume no responsibility whatsoever regarding any damages that may have been incurred from illicit use of the User’s Account.
(5.) Users of the Services that register an Account for the use of the Services shall agree to provide complete and accurate information (hereinafter referred to as “Registration Information”), and for the maintenance of the completeness and accuracy of the Registration Information shall agree to update Registration Information when necessary.
(6.) When the user wishes to delete their Account, they will request to do so by sending an e-mail listing their name, address, and phone number to Hikage.jp.Store@gmail.com.

11. Purchase of Merchandise

(1.) Users of this Site may purchase merchandise or procure certain services (hereinafter referred to as “Merchandise” from Hikage.
(2.) Users of this Site shall offer to purchase Merchandise in accordance with the procedures set forth by Hikage, by use of the Services to place an order.
(3.) Once an order is received, an email (“Order Confirmation”) containing the order confirmation and order details will be sent from this Site. At this time, a purchase agreement will be enacted between the User and Hikage pertaining to the corresponding order and all items contained therein.
(4.) Once a purchase agreement has been enacted, cancellation of the order, changes to the details of an order or any of the terms and conditions of purchase may not be accepted.
(5.) The previous clauses of this article notwithstanding, in the case that the User is found to have exercised misconduct or inappropriate behavior associated with the use of the Services, Hikage will have the right to retract or cancel any purchase agreement and to take any other appropriate measures.

12. Shipping of Merchandise

(1.) Delivery of Merchandise under Services is available worldwide with the help of our freight partners.
(2.) Merchandise ordered will be dispatched from Japan or the China
(3.) The Order shall be shipped by aircraft carrier unless otherwise specified by Hikage prior to shipment. You shall be notified of any shipments via AirWayBill, and such notification shall provide proof of shipment. Hikage is not responsible for any loss, damage or theft of the Order once it has been released by Hikage to a shipping company or carrier. Hikage’s responsibility is limited to proof of delivery to a shipment carrier, at which time the Order becomes your property. Hikage is not responsible for any expenses incurred from the shipment of the Custom Order after said items have been shipped (i.e., after said items have left Hikage’s facilities).

13. Shipping costs, Service Charges, and Import duties and taxes

Hikage shall bear all the shipping costs associated with the delivery of Merchandise. Any import duties, customs fee, and taxes that may apply to the shipment shall be the customer’s responsibility.

14. Method of payment for merchandise

(1.) The total payment amount for the Merchandise shall be the purchase price inclusive of any applicable sales tax, as well as the shipping costs, and any other service charges.
(2.) The payment for Merchandise purchased through this Service can be made by the purchaser’s credit card ［VISA, MASTERCARD, JCB, AMERICAN EXPRESS, DISCOVER] of which the purchaser must be the user, or by the purchaser’s PAYPAL account of which the purchaser must be the user.
(3.) When making a payment by credit card, Hikage maintains the right to seek pre-approval for payment limited to the order total. Billing will take place before the order has begun the dispatch process.
(4.) If payment is made by a credit card or PAYPAL, the purchaser shall be in compliance with the terms and conditions set forth in a separate agreement between the purchaser and the Credit Card Company or PAYPAL. If for any reason there is any dispute or conflict between the purchaser and the credit card company or any third party, it is the responsibility of the purchaser to settle such dispute or conflict, and Hikage will assume no responsibility in connection with such dispute or conflict.

15. Return of Merchandise

(1.) We do not accept any returns or exchanges of Merchandise; provided, however, that if at the time of delivery the Merchandise is damaged or defective, or the purchaser receives a wrong product, Hikage will accept a return or exchange of the Merchandise in accordance with this provision. The purchaser shall contact Hikage within 7 days of the receipt of the Merchandise by sending an e-mail with his/her order confirmation number. Sending an e-mail that complies with the method specified by Hikage is the only way for an exchange to be accepted. If there is no stock of such Merchandise and a proper exchange is not possible, a return will be accepted, and a refund will be made.
(2.) For the said return or exchange to be accepted, it is necessary that all the conditions below shall be met. (I.) The Merchandise to be returned or exchanged must be unused. If the tags are missing from the Merchandise, it will not be considered unused. (II.) All the components, attachments, and delivery confirmation for the Merchandise must be returned in the same condition as they were at the time of delivery. (III.) Any other specific details that Hikage may request shall be met.

16. Indemnity in regards to merchandise

(1.) Except for what is provided in the preceding article, Hikage shall not be liable for any damages, detriments, and/or loss of profits that may be generated from this Service and/or Merchandise to be purchased through this Service, nor guarantee the quality, performance, compatibility with other merchandise, and other functions of this Service and the Merchandise.
(2.) In the case that any of the following events occurs, Hikage, at its own discretion, may cancel and nullify the purchase agreement, and shall not be held liable for not providing the Merchandise to the purchaser: (I.) In the case that there are any difficulties in regards to delivery, such as the designated shipping address being unidentifiable. (II.) In the case a system failure occurs resulting in the inability to place an order, an order for the wrong Merchandise or the acceptance of an excessive amount of purchase offers compared to the number that can be accepted. (III.) In the case that any other event occurs that may prevent Merchandise from being provided.
(3.) An offer for the purchase of Merchandise made by a minor will be deemed being made under the guardians’ responsibility.

17. Other

(1.) Any correspondence between Hikage and each User regarding the use of the Services in principle will be made only via e-mail.
(2.) E-mail addresses registered to mobile phones may not properly display the messages sent by Hikage.
(3.) In the case a question in regards to interpretation of the Terms of Use arises, or there is a provision that is not stated in the Terms of Use, Hikage and the User will mutually consult the matter in good faith to reach a resolution.
(4.) In the case that the consultation regarding a dispute in the preceding clause does not reach a resolution, any and all disputes in regards to the Terms of Use and/or the Service will be subject to the exclusive jurisdiction of the Tokyo District Court or Tokyo Supreme Court in Tokyo, Japan.