PURCHASE OF GOODS AGREEMENT
Purchase of Goods
With respect to the shopping portal site operated by BANDAI SPIRITS CO., LTD. (hereinafter referred to as "PREMIUM BANDAI"), any member of Premium Bandai (hereinafter referred to as the "Member") who purchases goods or services (hereinafter referred to as the "Goods") from BANDAI SPIRITS CO., LTD (Japan), BANDAI CO.,LTD (Japan), BANDAI NAMCO ASIA CO., LTD (HONG KONG S.A.R), and BANDAI NAMCO TAIWAN CO., LTD (Taiwan) ("BANDAI NAMCO Group") and BANDAI AMERICA INCORPORATED (USA) and BANDAI NAMCO Collectibles LLC dba BLUEFIN (USA) (hereinafter referred to as "We" or the "Company") using PREMIUM BANDAI, agrees to this PURCHASE OF GOODS AGREEMENT (hereinafter referred to as this "Agreement").
- If the Member desires to purchase Goods, the Member will order such Goods in accordance with the method provided on PREMIUM BANDAI. Goods to be purchased by the Member, the price of the Goods, and other details described in the order pages of PREMIUM BANDAI will be incorporated into this Agreement and constitute a part of this Agreement. In the event that the provisions of this Agreement are not consistent with the descriptions in the order pages, the descriptions in the order pages will prevail except for cases expressly provided for in this Agreement.
- This Agreement shall be concluded at the time of completion of Goods buying procedure. (The purchase can be completed through email communication and My Page.) The Company may refuse the order before the finalization of the Agreement.
- You cannot cancel a purchase unless the purchase was made on a pre-order basis. A cancellation of a pre-order must be made prior to the date and time stated in the "Pre-Order Close" on the order page, by go to My Page and view the history of your purchase to cancel the purchase.
- The Company will make best efforts to post accurate prices for the Goods, but in the event that an incorrect price is posted and an order based thereon has been received, the Company will have the right, notwithstanding anything to the contrary in this Agreement or on the order pages, to cancel this Agreement either before or after the purchase transaction is concluded pursuant to this Article. In such a case, the Company will notify the Member of the accurate price and confirm whether or not the Member still wishes to purchase the Goods at the accurate price, subject to availability.
- In the event that there is any violation of the PREMIUM BANDAI Membership Agreement, the Company may cancel or suspend this Agreement, cancel or suspend the Member's account, refuse to complete or honor a purchase of Goods, or take other appropriate measures in its sole discretion. However, if you believe it was done in error. However, if such an act was performed due to inevitable reasons, the Member may contact the Premium Bandai customer support.
- We may contact the Member to confirm the order before the Goods delivery if we deemed the order amount to be too high. As stated in the Membership Agreement, purchases of Goods are for personal use only and re-sale is prohibited.
- If the Company cannot accept an application for or complete a purchase of Goods due to internet failure or any other causes not attributable to the Company, the Company will not be held responsible therefor.
- The Member may not purchase Goods that cannot be delivered to the registered address or shipping address selected by the Member, and the Company shall not be responsible for any such purchases.
Delivery of Goods
- The Goods will be delivered by the shipping company designated by the Company. The shipping charge will be borne by the Member in accordance with the description on the order pages for the Goods.
- The Company will rely the Member's shipping address to the shipping company as of the start of delivery preparation in accordance with the entrustment of the information by the Member. The Company engages the services of third-party providers to deliver the Goods. The Member agrees to the use of the registered address or the shipping address selected by the Member at the time the order is placed, and all other personal information which would be required for the delivery of the Goods.
- Depending on the kind of Goods, the delivery date as notified to the Member in advance may be changed and/or the delivery may be delayed due to various circumstances (e.g., an item being out of stock or the Company being unable to respond to the order). Even in these cases, the Company will not be held liable for any damages. The Company will also not be held liable for delay or cancellation of delivery due to causes not attributable to the Company.
- If the Goods delivered by the Company are not received by the Member due to refusal of receipt, long-term absence, or other reasons attributable the Member, the Member may be required to pay the resulting expenses incurred by the Company (e.g., re-delivery expenses).
- If the shipping company designated by the Company returns the Goods to the Company for the reasons mentioned in paragraph 4 of this Article, the Company will notify the Member thereof as soon as practicably possible. If the Company cannot contact the Member or has not received a reply from the Member within thirty (30) days after such notification, it will be deemed that the Member has abandoned the Goods to be delivered.
- The shipping address for Goods purchased under PREMIUM BANDAI is limited to the registered address or shipping address selected by the Member.
- If the registered address or shipping address selected by the Member falls under particular categories specified by the Company (e.g., APO, FPO, PO Box), the Goods cannot be delivered thereto.
- The Goods delivered under PREMIUM BANDAI may be subject to import tax, customs duties and other fees or taxes imposed by the recipient's country of residence. The Member is responsible for paying these fees and taxes imposed thereon when the Goods have reached the recipient's country of residence.
- The payment for the Goods purchased using PREMIUM BANDAI will be made by credit card in the name of the Member (using only the credit cards accepted by the Company) or other payment methods separately approved by the Company.
- In the case of payment by credit card, the Member will comply with the terms and conditions separately contracted with the credit card company. In addition, if a dispute arises between the Member and the credit card company, it will be resolved by such parties; the Company will not be held responsible therefor in any way. The Member represents that he/she is authorized to use any credit card submitted by the Member to the Company for payment, and that he/she will not submit any credit card to the Company known or reasonably believed by the Member to be fraudulent or not authorized for the incurrence of fees by the Member.
Return of Goods, etc.
- Except for where mandatory laws applicable to the Member require, cancellation of this Agreement after the conclusion thereof and return or exchange of the Goods are only accepted for reasons attributable to the Company such as defect of Goods, delivery of nonconforming Goods, and difference in quantity ordered.
- If the Member has any questions or requests for the Company in connection with such a cancellation, the Member will contact the Company in accordance with the methods separately prescribed by the Company. For more details, click here.
- If any defect is found in the Goods, the Member will, within seven (7) days after receipt of the Goods, notify the Company of such defect including the details of the defect and photographs thereof. This provision does not restrict rights to which the Member is entitled under mandatory laws applicable to the Member.
- While some Goods may be enclosed in a box (including wrapping materials) specific to such Goods, the purpose of the box is solely to protect the Goods, and any damage to the box will not be regarded as a defect of the Goods themselves.
- Any replacement Goods will be shipped to the address specified by the Member at the time of order after having contacted the Member in accordance with the contact information provided by the Member at the time of order.
- The Member will comply with the rules stated herein when making a cancellation of this Agreement after conclusion thereof, and returning and exchanging the Goods.
Disclaimer on Goods
- Due to monitor settings and other reasons, the color and shape of the actual Goods may differ from those indicated on the screen when viewing Goods on the order pages.
- The Company will be exempted from any responsibility by notifying the Member in accordance with the contact information entered by the Member and by delivering the Goods to the shipping address as instructed by the Member at the time of the order for the Goods.
- While the Company will make best efforts for publishing accurate and completed information regarding descriptions concerning currency or notations of the Goods provided on PREMIUM BANDAI, the Company will not guarantee that there are no errors.
- The Company will not be responsible for any damage, loss, or claim arising from the use of PREMIUM BANDAI, regardless of the causes of such legal claims. In addition, the Company will not be responsible for any damage, loss, or claim arising from the Goods sold and purchased using PREMIUM BANDAI, unless there is willful intent or gross negligence of the Company related thereto.
- There may be the cases where the marks necessary for protecting copyright and indicating fulfillment of necessary safety standards are engraved on or attached to the Goods.
Governing Law, Language, Jurisdiction
- This Agreement will be interpreted in accordance with Japanese law without regard to the conflicts of laws provisions thereof.
- In the event that this Agreement is translated into languages other than English, the English-language version will prevail.
- IN THE EVENT THAT ANY DISPUTE ARISES IN CONNECTION WITH THE SERVICE, THE DISPUTE WILL BE SUBJECT TO THE EXCLUSIVE VENUE AND JURISDICTION OF THE TOKYO DISTRICT COURT. BY AUTHORIZING A PURCHASE OF GOODS, THE MEMBER CONSENTS TO SUCH COURT, VENUE AND JURISDICTION.
If any provision of this Agreement or any part thereof is deemed invalid or unenforceable by a court of competent jurisdiction applying applicable laws and regulations, the remaining provisions of this Agreement and the remaining portion of the provision found to be invalid or unenforceable will continue to be fully effective.
Jury Trial and Class Action Waiver
- EACH PARTY HERETO HEREBY IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY).
- EACH PARTY HERETO AGREES THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.