TERMS OF SALE AND PURCHASE
These terms of sale and purchase (the “Terms”) set forth the terms and conditions for the sale and purchase agreement (the “Agreement”) of the product sample (the “Sample”) described in the previous screen which is concluded between customer (“Customer”) and Junkosha Inc. (“Junkosha”).
1 FORMATION OF THE AGREEMENT
1-1 The Agreement shall be formed at the time when Customer agrees to the Terms by clicking the send button below and Junkosha gives the notice of acceptance,which should include the shipping date, to Customer.
1-2 The Agreement shall not be formed if Junkosha does not give the notice of acceptance to Customer as described in the previous paragraph even if Customer agrees to the Terms by clicking the send button below.
1-3 Junkosha may, in its sole discretion and/or in accordance with law and ordinances with respect to export regulation (including but not limited to Export Trade Control Order of Japan), decide whether Junkosha should give the notice of acceptance to Customer as described in paragraph 1.
Customer's payment under the Agreement shall be in accordance with the website usage agreement of Ochanoko-net and Paypal which are displayed after clicking the send button below.
Any and all taxes and levies imposed upon Customer by governmental authorities having jurisdiction over Customer in connection with the Agreement shall be borne by Customer.
When Junkosha makes shipment of the Sample by the shipping date notified to Customer in accordance with Article 1-1 and sends to Customer the shipment documentation by email, such Sample shall be deemed delivered.
5 REPRESENTATION AND WARRANTY
5-1 Customer shall represent and warrant that Customer's information written by Customer in the form below is true and correct.
5-2 In case Junkosha finds Customer's information false or incorrect in any respect, Junkosha may immediately terminate the Agreement without making any demand or notice.
6 TITLE AND RISK OF LOSS AND DAMAGE
Title to and risk of loss or damage of the Sample shall be passed on from Junkosha to Customer when the Sample is delivered under Article 4.
7 PURPOSE OF USE
7-1 Customer shall purchase the Sample for the sole purpose of evaluating whether Customer shall purchase the same products from Junkosha .
7-2 The Sample is merely a sample and Customer shall not use the Sample or any product in which the Sample is utilized in the human body.
7-3 Customer shall not assign or transfer the Sample to any third party without Junkosha's consent. Any assignment and transfer without Junkosha's consent shall be invalid.
8-1 Junkosha warrants that the Sample has the quality described in the previous screen.
8-2 JUNKOSHA SHALL PROVIDE THE SAMPLE WITHOUT ANY OTHER WARRANTY EXCEPT FOR THE PREVIOUS PARAGRAPH, AND JUNKOSHA HEREBY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS WITH RESPECT TO THE SAMPLE, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY STATUTORY WARRANTIES, IMPLIED WARRANTIES, CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY'S INTELLECTUAL PROPERTY RIGHTS.
8-3 The obligation under warranty in accordance with paragraph 1 is limited to providing a replacement of the Sample or returning the payment for the Sample at the option of Junkosha. In case where Customer receives a replacement of the Sample, Customer shall immediately discard the defective Sample. Article 9 shall apply mutatis mutandis to cases where Customer or any third party incurs damages or loss from using the defective Sample or any product in which the defective Sample is utilized.
8-4 The term of warranty shall be one hundred eighty  days starting from the date when the Sample has been delivered under Article 4.
9 LIMITATION OF LIABILITY
9-1 UNDER NO CIRCUMSTANCES SHALL JUNKOSHA BE LIABLE FOR ANY DAMAGES SUFFERED OR INCURRED BY CUSTOMER OR ANY THIRD PARTY INCLUDING BUT NOT LIMITED TO SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES, OR LOST PROFITS, EVEN IF THEY ARE PREDICTABLE OR FORSEEABLE, ARISING THROUGH A BREACH OF ARTICLE 7.
9-2 Customer shall defend and resolve at his/her own expense (including but not limited to attorney's fee) and responsibility a claim or a lawsuit raised by a third party against Junkosha on the ground that the third party has incurred damages or loss stated in the previous paragraph (Junkosha may defend and resolve such claim or lawsuit in case where Junkosha finds it necessary) and shall indemnify Junkosha from any expenses, damage and loss (including but not limited to attorney's fee) incurred by Junkosha in the process of defending or as a result of such claim or lawsuit.
10 FORCE MAJEURE
Junkosha shall have no liability for any delay or failure in the performance of the Agreement which results from circumstances beyond the control of Junkosha.
11. GENERAL PROVISONS
11-1 The Terms constitute the entire agreement between Customer and Junkosha with respect to the sale and purchase of the Sample and supersede all prior or contemporaneous understandings and agreements regarding such subject matter.
11-2 Junkosha may amend the Terms as needed. The amended Terms shall enter into force and bind Customer at the time when such Terms are published on Junkosha's website.
11-3 The Terms shall be regarded as severable, and invalidity of any provision of the Terms shall not affect the other provisions.
11-4 Either Customer's or Junkosha's failure to enforce any provision or exercise any related right shall in no way be deemed a waiver of such provision or right and in no way affect the validity of the Terms. Such failure shall in no way prejudice the later enforcement of such provisions or any other provisions of the Terms, or the later exercise of such rights or any other rights under the Terms and in no way adversely affect such party.
11-5 Customer shall not assign to any third party the Agreement or any right or obligation under the Agreement without prior approval from Junkosha.
11-6 The Terms and the Agreement shall be governed by and construed in accordance with the laws of Japan. The application of the United Nations Convention on Contracts for the International Sale of Goods to the Term and the Agreement shall be expressly excluded.
11-7 Customer and Junkosha agree to submit to the exclusive jurisdiction of the Tokyo District Court of Japan for settlement of all disputes, controversies or differences which may arise between Customer and Junkosha, out of, in relation to or in connection with the Terms and the Agreement.
I hereby certify that I have understood the Terms above and have agreed and accepted the Terms. I hereby click the send button below.