AGB
This article is an English translation of a text, and the Japanese notation is the official text and the English text is treated as a reference text.
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Terms of Use
These Terms of Use set forth the terms of use for the mail-order service (hereinafter referred to as the "Service") for products (hereinafter referred to as the "Products") listed in the various product catalogs published by GANESHA LLC G+NOTE (hereinafter referred to as the "Company") and on the website operated by the Company (hereinafter referred to as the "Website") and sold in Japan.
Article 1 (Application of Terms of Use)
With regard to the use of the Service, these Terms of Use apply equally to all customers who have completed the purchase process with us, except for any terms that do not naturally apply due to the nature of the Products. Customers must fully understand the contents of the Company's catalog and these Terms of Use before using the Service.
If the Company establishes separate terms and conditions regarding the Products or the Service, those terms and conditions shall take precedence.
In the event of a conflict between these Terms of Use and any separate contract or other agreement between you and the Company (including contract terms and conditions stated in your order, etc.), these Terms of Use shall take precedence.
Article 2 (Service Contents)
In accordance with these Terms of Use, you may purchase Products through this Service under the terms and conditions set forth in our catalog (including, but not limited to, specifications, price, delivery method, and usage precautions). However, due to the nature of the Products, certain Products may be excluded from this Service without prior notice or warning, in accordance with our standards or for the convenience of the manufacturer or our company.
You may use the various services provided on this Site in accordance with these Terms of Use and the terms and conditions posted on this Site.
This Service is provided within Japan. However, this does not include areas where delivery is not possible, as specified in our catalog. In countries outside of Japan, we will provide delivery to any location where delivery is possible, subject to separate negotiation and terms.
For purchase applications for Products that require a quote at the price listed in our catalog (hereinafter referred to as "Orders"), or for other orders requiring a quote at our discretion, the price and shipping of the Products will be determined by the quote.
Article 3 (How to Order Products)
You can place an order using the methods set forth below. However, depending on the type and quantity of special-order or other Products, ordering methods may be limited.
Ordering via the Internet: Enter the required information on the shopping cart order screen on this website.
For details on how to use this website, please refer to our catalog and the relevant pages on this website.
Your order will be considered valid when we receive your order in accordance with this Article. If we are unable to receive your order data due to communications problems or if there are any errors in the order, your order will be considered invalid. In such cases, we shall not be liable for your inability to purchase the Product or any related damages.
A sales contract for your order of this Product will be considered valid when we receive your order in accordance with this Article. However, this does not apply if we promptly reject your order after receiving it. In such cases, we shall not be liable for your reliance on the formation of a sales contract or any related damages. If we particularly deem it necessary, we may enter into a separate sales contract or amend the terms of sale.
If any fees are incurred in connection with your order, we reserve the right to charge you these fees.
Article 4 (Order Changes and Cancellations)
You may change or cancel your order (hereinafter referred to as "Cancellation, etc.") from the time of order up to three days after receiving the product, provided that the product is unused and has not been modified or altered by the customer.
Cancellations are possible after your order is placed and the product is delivered and you receive it.
Since the delivery company places the order and begins delivery procedures after your order, cancellations are not possible until the product arrives at your location, according to our contract.
After receiving the product, you must promptly return it to the address provided via our customer support center. In this case, you will be responsible for shipping and other expenses.
Refunds, minus shipping costs, will be made within five business days of the product's arrival and inspection.
Handling of Initial Defects: We will handle any defects found within three days of receiving the product if they are found to be deformed or impairing driving performance upon opening.
After installation, a fee will be charged for any reason.
Article 5 (Shipping of Products)
We will ship products to you based on your order. However, we reserve the right to determine the shipping date on a case-by-case basis depending on the type and quantity of products ordered, the date and time of your order, etc.
Packaging begins upon receiving your order. Cancellations are possible only after delivery to the customer. Cancellations cannot be made once the product has been delivered.
The shipping date and the delivery date to you are different. When ordering products, please refer to the estimated delivery times listed on our website. Please note that delivery may not be possible within the required delivery times for each region due to factors such as weather, traffic congestion, road construction, and other transportation conditions, the shipping period (e.g., New Year's holidays, summer holidays, mid-year and year-end gift seasons), or other reasons (e.g., shipping company strikes, tariff changes, war, conflict, earthquakes, tsunamis, etc.). In such cases, we assume no responsibility to you.
If a product is refused or returned for personal reasons, the customer is responsible for all shipping and tax costs.
◎Handling issues such as lost or damaged deliveries
If damage occurs during delivery, please submit an EMS warranty claim after receiving the item.
The EMS warranty is a warranty provided by the post office for issues during delivery.
The warranty claim must be submitted by the recipient.
The EMS warranty claim in the event of damage constitutes a transaction contract.
If the EMS warranty result is insufficient, we will consider providing a warranty and strive to satisfy the customer as much as possible.
If you do not submit an EMS warranty claim, we will understand that you are not seeking a warranty, and we will not cover the warranty.
Article 6 (Delivery of this Product)
Delivery of this product is considered complete upon delivery to the customer's registered address or the address specified at the time of order (however, we may limit the address that can be specified). For heavy or large items, a separate delivery method (such as delivery to a truck) may be used. Upon receiving this product, you will be required to stamp the delivery company's delivery slip.
If we are unable to verify your nameplate, we may be unable to deliver the Product.
If we are delivering the Product to a location other than the one you registered or designated, we may verify the recipient's identity by having them present a driver's license, health insurance card, passport, etc. (In this case, we will record the address, name, registration number, etc., as written on the driver's license, health insurance card, passport, etc.)
Article 7 (Refusal to Accept, etc.)
If you refuse to accept the Product or if we are unable to deliver the Product to your address due to other circumstances on your part (including if you are not at home), we will automatically consider the purchase and sale contract for the Product to be terminated. In such cases, you will be required to pay the equivalent price of the Product and any other damages we incur. However, this does not apply if we approve different handling in light of the nature, type, quantity, delivery system, etc. of the Product.
Article 8 (Product Inspection)
You must inspect this product within three days of receiving it and before installing it to confirm the name, model, and quantity, and to check for any damage, deformation, defects, or non-conformance. If any product fails, please notify us within that period via the inquiry form listed on our website.
If we do not receive notification within that period, we will assume that the product has passed your inspection.
If the product is installed on a vehicle within three days, it will be deemed to have passed the inspection. (Defects discovered upon installation will be excluded.)
Article 9 (Measures to be Taken in the Event of Failure)
If all or part of this product fails the inspection described in the previous article, we will inspect the product and, if we determine that the defect was clearly due to reasons attributable solely to us, we will promptly deliver a replacement product (or, in the case of service, re-provision of the product), or, at your instruction, refund the price of the failed portion of the product. The customer is responsible for preparing shipping labels and other documents related to returns.
Article 10 (Exemption from Force Majeure)
If delivery of the products is delayed or impossible due to natural disasters (including, but not limited to, earthquakes, floods, and fires), amendments or repeal of laws and regulations, administrative actions based on the exercise of public authority, transportation problems, labor disputes, or other unavoidable circumstances, we will notify you within a reasonable period of time appropriate to the circumstances. Furthermore, we shall not be liable for any damages or expenses incurred by you as a result of such delay or impossibility.
Article 11 (Overdelivery)
If we deliver more products than you ordered due to reasons attributable to us, you must contact our customer service center and promptly return the products to the address provided by the customer service center. In such cases, we will cover the shipping costs.
Article 12 (Handling of Returns and Exchanges)
We will not accept returns or exchanges (hereinafter referred to as "Returns, etc.") after the inspection period specified in Article 8 has elapsed, regardless of the reason.
Article 12 (Handling of Returns and Exchanges)
We will not accept returns or exchanges (hereinafter referred to as "Returns, etc.") after the inspection period specified in Article 8 has elapsed, regardless of the reason.
Article 13 (Obligations Regarding Product Usage, etc.)
Customers place their orders for this product based on the following conditions regarding its usage, etc. We shall not be liable for any damages incurred by customers or third parties arising from the use of this product if the customer or a third party uses this product in a manner that violates the conditions below.
(1) Regarding Custom Bikes
Custom bikes may not be covered by the motorcycle manufacturer's warranty.
While we comply with safety standards, we cannot guarantee complete safety. Our designs are kept as similar as possible to show models, etc., and are intended for the enjoyment of their design. Riding on public roads is at the purchaser's own risk. Please understand the following conditions before purchasing.
(2) Regarding the Use of Custom Bikes and Custom Parts
Custom bikes are intended for the enjoyment of their design.
Since stock vehicles are disassembled and different parts are added, additional processing such as grinding, drilling, and welding is required to match the stock vehicle. Minor scratches and scuffs may occur during the processing process.
Custom Parts
Custom parts are not genuine parts. They may have slight distortions, slight color variations, or gaps where they fit.
All GANESHA LLC products are custom vehicles or custom parts and are different from mass-produced products from commercial manufacturers. Installation may require processing.
To fit parts to the vehicle, grinding, adding, or adjusting the angle of brackets may be necessary. When purchasing, you are assumed to understand the characteristics of custom parts, which may not be easy to install.
Furthermore, we do not offer the same maintenance and after-sales service as commercial manufacturers. Please understand that we cannot provide the same level of service as commercial manufacturers, even if you request it. (Providing a replacement vehicle, obtaining a Class 2 moped license plate, etc.)
Since this is not a mass-produced product, some parts are provided as a combination of commercially available parts, and specifications of some parts may change without notice.
In order to comply with Japanese safety standards, some parts have been changed from those in the catalog and photos.
Installation and use of custom parts is the purchaser's own risk. Scratches or damage caused during installation or use are not covered by the warranty under any circumstances.
Adding custom parts may void the motorcycle manufacturer's warranty.
Adding custom parts may change balance and air resistance, affecting riding performance, but any such effects are not covered by the warranty.
Adding larger tires will also affect fuel economy and acceleration.
If you require performance, paint condition, and balance similar to that of a commercially available vehicle, we do not recommend a custom vehicle. Choose a stock vehicle.
Article 14 (Product Warranty)
If an initial defect (hereinafter referred to as the "Initial Defect"), such as engine failure or electrical system problems (such as turn signals not flashing or the horn not sounding) due to reasons attributable to us is found within three days of receipt of the Product, we will repair or replace the Product (hereinafter referred to as the "Warranty"), provided that we receive written notice with details satisfactory to us. In such cases, we may request repairs from the manufacturer of the Product. Please note that custom-made products are not covered by this Warranty.
If the Product falls under any of the following items, the Product will not be covered by this Warranty, even if it is within the warranty period.
(1) Defects caused by use for purposes other than those intended.
(2) Defects caused by use of this product in aerospace equipment, nuclear equipment, weapons, or other military applications.
(3) Defects caused by carelessness or improper handling by the customer.
(4) Defects caused by natural disasters (including, but not limited to, earthquakes, fires, and floods).
(5) Defects caused by use that does not comply with the specifications, intended use, precautions for use, conditions of use, drawings, and other information regarding this product, as well as the instructions and other labels in the accompanying documentation for this product (including accessories).
(6) Defects caused by the customer's own actions. (7) Defects caused by processing, repair, modification, or disassembly by the customer.
(8) Defects caused by inexperienced or unintended uses or methods.
(9) Defects caused by the customer's use in violation of these Terms of Use.
(10) Defects discovered or occurring after the customer resells this product to a third party.
(11) Other cases in which our company catalog specifies that repairs or replacements will not be permitted.
Repairs or replacements not covered by this warranty will be charged, and you must pay a separate fee as specified by our company.
In addition, if you make any changes to the specifications within three days of receiving this product, regardless of the changes made, the product will no longer be covered by the initial defect warranty.
Repairs or replacements may not be possible depending on the nature, manufacturing date, and specifications of this product.
Article 15 (Amendments to Price, Specifications, etc.)
We reserve the right to amend or change the price, specifications, shipping date, order quantity, etc. of this product, or to discontinue the sale of this product (hereinafter referred to as "Amendments, etc.") without prior notice.
Any such revisions will be notified by changing the product's listing on this website (including removal due to discontinuation) or by other means at our discretion.
If you place an order for this product after such revisions have been made, you will be deemed to have accepted the revisions. However, we will not notify you of minor revisions or changes (including changes to appearance or packaging) that do not affect the standards or specifications listed in our catalog.
Article 16 (Payment / Taxation)
Payment for purchased products must be made using the methods listed in our catalog. We may, at our discretion, change your specified payment method or terms.
Taxation
Prices include shipping (excluding tax).
Taxation methods vary depending on the location (country) where you receive the product.
Taxation is governed by the tax laws of each country.
Prices are quoted exclusive of tax.
Purchasers must comply with the systems stipulated by the recipient country for VAT, consumption tax, customs clearance, etc.
Article 17 (Inquiries)
We accept all inquiries regarding this product on our website.
■ Products Purchased Through Parallel Imports, etc.
We will not respond to inquiries regarding defects, scratches, or installation of products purchased through unauthorized distributors. Returns and initial defects are not covered. Please contact the place of purchase.
Article 18 (Copyright)
You may not use any information provided through this service in any manner other than as permitted by copyright law, without the permission of the copyright holder.
■ Use of Trademarks and Photographs, etc.
The use of trademarks, logos, photographs, and other copyrighted materials owned by GANESHA LLC without permission is prohibited. Please note that prior permission and a contract are required.
If the items are used for commercial purposes, excluding personal use, a fee of 30,000 yen per item per month will be charged, retroactively from the time of use.
If a problem arises due to a violation of this article, you shall resolve the issue at your own risk, without causing any inconvenience or damage to our company.
Article 19 (Handling of Personal Information)
The "GANESHA LLC Privacy Policy" shall apply to all personal information handled by customers.
Article 20 (Prohibited Acts)
When using the Service, customers shall not engage in any of the following acts.
Actions that interfere with the operation of this Service or that may otherwise disrupt this Service.
Ordering under another person's name or a false name.
Actions that cause inconvenience, disadvantage, or damage to other customers, third parties, or our company, or actions that could result in any of these.
Actions that infringe on the copyrights or other intellectual property rights, privacy, or other rights of other customers, third parties, or our company, or actions that could result in any of these.
Actions that involve unauthorized access to this Site and tampering with information.
Actions that involve transmitting or posting harmful computer viruses or programs on this Site.
Actions that are contrary to public order and morals or other violations of laws and regulations, or actions that could result in any of these.
Actions that transfer contractual status arising from use of this Service to a third party.
Any other action that our Company deems inappropriate.
Article 21 (Company Disclaimer)
Our Company is solely responsible for the specifications of this Product listed in our catalog, and makes no guarantees regarding the Product's fitness for purpose, usefulness, compatibility or compatibility with other products, sales period, or any other aspect of this Product.
We shall not be liable for any direct, indirect, consequential, incidental, or special damages, or any other damage, loss, or disadvantage arising from or in connection with this product or service, except for the liability of manufacturers as defined by the Product Liability Act in cases where we are the manufacturer of this product as defined by said law.
If you violate the usage precautions, you shall have no right to claim compensation or damages from us. Any damages incurred by you as a result of this service shall be limited to the price of the product you purchased that caused the damage.
Article 22 (Interruption or Suspension of Service)
We may suspend or terminate all or part of this service without prior contact, notice, or warning to you if any of the following events occur.
When the ordering system or equipment fails or malfunctions due to natural disasters (including, but not limited to, earthquakes, floods, and fires), power outages, or telecommunications carrier line failures.
When delivery of the Products is likely to be difficult due to natural disasters (including, but not limited to, earthquakes, floods, and fires), the enactment or repeal of laws and regulations, labor disputes, or other unavoidable circumstances.
When maintenance of the ordering system or equipment is necessary.
When we otherwise determine that such maintenance is necessary in connection with the operation of the Services.
Article 23 (Special Disclaimer Regarding Internet Services)
When you use this website to view information or receive services (hereinafter referred to as the "Internet Services"), you shall use the Services at your own risk, in accordance with these Terms of Use, as well as the individual notices, rules, and laws and regulations stipulated for each individual service.
While we strive to improve the quality of the information and services provided through the Internet Services, we make no guarantees regarding the safety, reliability, usefulness, suitability, currency, legality, morality, or freedom from computer viruses of the Products, information, services, etc. provided through the Internet Services.
We take great care to ensure security against information leaks, etc., but please be aware that there is still a risk of information leaks, etc., and that our service is not necessarily secure.
We shall not be liable for any damages arising from the use of this Internet service (including damages due to non-delivery of orders placed using this website), except in cases of willful misconduct or gross negligence on our part.
We shall not be liable for any problems arising from using this Internet service in a manner other than that which is normally used.
Article 24 (Amendments, etc.)
We reserve the right to revise, change, or amend these Terms of Use (hereinafter referred to as "Amendments, etc.").
When revising these Terms of Use, we will notify you by posting the details of the revisions, their effective date, and other necessary information on our website prior to the effective date of the revisions.
Amendments to these Terms of Use will apply from the effective date specified at the time of notification.
Article 25 (Handling of Partially Invalid or Excluded Provisions)
If any provision of these Terms of Use is invalid or excluded from the scope of the agreement under applicable law, such as statutes, orders, or regulations, such provision will be deemed modified or deleted only to the extent necessary to comply with applicable law. The other provisions of these Terms of Use will remain in full force and effect.
Article 26 (Negotiation Resolution)
With regard to matters not specified in these Terms of Use, we will decide how to handle them in consultation with you, taking into account the intent of these Terms of Use.
Article 27 (Agreed Jurisdiction)
All disputes relating to this product and service shall be subject to the exclusive jurisdiction of the Kanagawa District Court.
August 1, 2020