These terms of sale (hereinafter referred to as “these terms”) specify the selling conditions of products sold in a website operated by Nakaya Fountain Pen Co., Ltd. (hereinafter referred to as “our company”) (Said website will be hereinafter referred to as “this website”). Customers who want to purchase any product need to agree with these terms before purchase.
Article 1 Scope of Application
These terms shall apply to the sale of all products (hereinafter referred to as “the products”) sold by our company in this website.
Article 2 Agreement with These Terms
2.1 You may purchase the products only if you agree to these terms. You may indicate your agreement by pressing the “Agree” button or by using another appropriate method specified by our company.
2.2 Our company may establish additional rules, conditions, guidelines or the like (hereinafter referred to as “individual provisions”) regarding the use of this website, in addition to these terms. When purchasing the products, customers shall comply with both these terms and the individual provisions.
2.3 If a customer is a minor, the following shall apply:
(1) Please obtain the consent of his/her parent or legal guardian before purchasing the products.
(2) If a minor customer falsely claims to have obtained the consent of his/her legal guardian when said guardian has not consented or falsely claims to be of legal age or uses any other deception to make others believe he/she has the capacity to enter into contracts, he/she cannot cancel any legal actions related to the purchase of the products.
(3) If a customer who was a minor at the time of agreeing with these terms makes a purchase of the products after reaching the age of majority, he/she shall be deemed to have confirmed all legal actions related to the purchase of the products.
Article 3 How to Place an Order
3.1 Customers wishing to purchase the products shall place an order through our website after agreeing with these terms and the precautions and other conditions stated on each product page. However, if our company specifies otherwise, such specification shall take precedence.
3.2 Due to the nature of the products, the production timeline may be subject to seasonal variations and may differ depending on the specific product. Typically, the production process takes between 6 to 12 months. The estimated delivery schedule will be communicated to you at the time of purchase.
3.3 The order number issued when ordering is necessary for after-sales support, so please be sure to keep it.
Article 4 Payment Method for Product Purchases
4.1 As the products are made-to-order, payment for the products is required in advance. Shipping fees are borne by each customer, and in principle, shipping fees are charged per each order (one fountain pen).
Possible payment methods are credit card payment, wire transfer, and PayPal.
4.2 When purchasing the products, customers need to agree to provide accurate and sufficient payment information to our company in advance. Customers shall keep their payment information up to date at all times. If payment is hindered due to insufficient, inaccurate, or unclear payment information, our company may terminate the sales contract.
4.3 Wire transfer fees, credit card fees, and other costs related to payment shall be borne by each customer.
Article 5 Acceptance of Orders
5.1 The contract for the products (hereinafter referred to as “sales contract”) shall be concluded when our company accepts the order placed by a customer based on the preceding article. Our company’s acceptance of the order will be confirmed by email from our company after payment confirmation is completed.
5.2 Even if an order is placed by a customer based on the preceding article, our company is free to decide whether to accept the order, and our company is not obligated to disclose the reason if we do not accept the order. In particular, if our company determines that the customer falls under any of the following, our company will not, in principle, accept the order. Our company may also request the customer to submit necessary information to determine whether the customer falls under any of the following:
(1) There is a possibility that the customer will fail to fulfill his/her obligations under these terms.
(2) Providing the products to the customer may damage the credit or interests of our company or other customers.
(3) Providing the products to the customer may infringe on the intellectual property rights, ownership rights, or other rights of our company or third parties.
(4) The customer has acted in a way that significantly damages the relationship of trust with our company.
(5) The customer has made false declarations to our company.
(6) The customer has no intention of purchasing products or properly using products.
Article 6 Order Cancellation, Changes, and Refunds
As our products are made-to-order products and production begins after payment is confirmed, we cannot accommodate order cancellations, changes, or refunds after payment completion, unless otherwise approved by our company.
However, changes such as nib modifications or adding naming may be possible in some cases, so please inquire.
Article 7 Shipping and Currency for Payment
7.1 Our company will ship products using designated shipping companies. As the shipping time of the products is uncertain, we generally cannot accommodate combined shipping. Items will be shipped in the order they become available for shipping. Shipping fees and related costs are generally borne by the customer. Our company will contact you individually by email regarding expected shipping dates and costs.
7.2 When our company ships the products, customers shall provide accurate and sufficient shipping information to our company in advance. Our company bears no responsibility for damages resulting from insufficient, inaccurate, or unclear delivery destination information. If shipping is hindered due to such issues, our company may terminate the sales contract.
7.3 For customers residing in Japan, payment is only accepted in Japanese yen. In principle, shipping is only available within Japan.
7.4 For customers residing outside Japan, payment is only accepted in US dollars. In principle, we do not accept shipping to addresses within Japan.
7.5 Customers shall promptly check for any errors or defects in product name, quantity, appearance, and function after receiving the products, and promptly notify our company if any errors or defects are found.
7.6 If the products cannot be delivered due to circumstances on the customer’s side, our company will not store them for more than 6 months.
7.7 Even if our company provides an estimated delivery period via email or on this website, this period is for reference only and does not guarantee delivery within that period. Additionally, expected delivery dates may change without notice as they are affected by factors such as the season of production.
Article 8 Transfer of Ownership
Ownership of the sold products shall transfer from our company to a customer when the customer has paid the full amount for the products and they have been delivered to the specified shipping address.
Article 9 Bearing of Risk
The risk associated with the sold products shall transfer from our company to a customer when the products are delivered to the shipping address specified by the customer. Any loss, damage, deterioration, or other harm to the products occurring before the transfer of risk shall be borne by our company, except for those attributable to the customer. Any loss, damage, deterioration, or other harm to the products occurring after the transfer of risk shall be borne by the customer, except for those attributable to our company.
Article 10 Product Prices
10.1 Our company makes reasonable efforts to ensure that the prices of the products displayed on this website are accurate and up-to-date. However, incorrect or outdated prices may occasionally be displayed. In case of orders for such products, our company may, at its discretion, either ask the customer to reorder at the correct price or cancel the order. If there is an obvious pricing error that a customer could reasonably judge to be incorrect, the sales contract will not be established regardless of whether our company has accepted the order.
10.2 Unless otherwise stated by our company, the prices of the products include consumption tax.
Article 11 Product Display
Our company strives to ensure that the information about products displayed on this website is as accurate as possible, but does not guarantee that the displayed information is accurate or free from errors.
Article 12 Intellectual Property Rights
Intellectual property rights related to the products are not transferred or licensed to a customer through the purchase of the products.
Article 13 Returns and Liability for Non-Conformity with the Contract
13.1 Customers who have purchased the products shall not return them. However, if there are initial defects such as damage or malfunction, or errors in quantity or the product itself (hereinafter referred to as “non-conformity”) in the received products, please contact our company within one week of its arrival. We will inform you of how to deal with said trouble.
13.2 If the customer does not notify our company of the non-conformity within one week of receiving the products, the customer shall not demand repair, return, refund, or other responses regarding the products due to the non-conformity. However, this does not apply in the case where our company knew of the non-conformity at the time of delivery or was unaware due to gross negligence.
13.3 Regardless of the provisions of the Civil Code, Commercial Code, these terms, and the sales contract, the customer shall not claim damages from our company or terminate the sales contract due to non-conformity of the products, or subsequent performance or delay in performance based on Sections 1 and 2 of this Article.
13.4 Article 526 of the Commercial Code does not apply to these terms or the sales contract.
Article 14 Nib Replacement After Purchase
14.1 In principle, the customer shall bear round-trip shipping fees. This does not apply in cases of non-conformity, so please contact our company. If loss, damage, deterioration, or other harm occurs to the products during return shipping to our company, it shall be borne by the customer, except for those attributable to our company.
14.2 For both domestic and international customers, please contact us within one week of receiving the products. After you contact us, we will generally handle items that arrive at our company within one month at no charge. However, for changes to special pen nibs (such as Music nibs), there may be charges for parts replacement and other costs.
14.3 Modifications to the nib, including elastic (for increased flexibility), stub, or cursive italic, can be provided for an additional fee. Please note that this service is exclusively available for unplated gold nibs.
14.4 Please be advised that additional plating on nibs is not available. Any necessary nib replacements will be subject to a fee.
14.5 Repaired or replaced nibs and parts are taken as trade-ins and cannot be returned.
14.6 If customer have removed the nib yourself or had it tuned by another company, the nib must be replaced and all the cost will be charged to customer.
14.7 If the product cannot be returned due to circumstances on the customer’s side, our company will not store it for more than 6 months.
14.8 Please be advised that, as a general policy, nib replacements for fountain pens are not available if you have purchased a ballpoint pen.
Article 15 Nib Tuning and Repair After Purchase
15.1 In principle, the customer shall bear round-trip shipping fees. This does not apply in cases of non-conformity, so please contact our company. If loss, damage, deterioration, or other harm occurs to the products during return shipping to our company, it shall be borne by the customer, except for those attributable to our company.
15.2 We will check the match or mismatch between the order number issued when ordering and the customer information. If you don’t have an order number, or there is a mismatch in the order number and customer information, the after-sales service providing will differ.
15.3 If your order number matches your customer information, we offer free lifetime tunings with only shipping costs required.
15.4 If customer have removed the nib yourself or had it tuned by another company, the nib must be replaced and all the cost will be charged to customer.
15.5 If the product cannot be returned due to circumstances on the customer’s side, our company will not store it for more than 6 months.
Article 16 Contract Termination or Request for Full Debt Payment by Our Company
Our company may, without prior notice, immediately terminate all or part of the sales contract, or without terminating the sales contract, demand full payment of the debt owed to our company, if the customer falls under any of the following:
(1) The customer violates these terms or the sales contract.
(2) There is no expectation that the customer will fulfill his/her obligations under these terms or the sales contract without justifiable reasons, or when the customer does not receive the products within a reasonable period.
(3) It becomes impossible or extremely difficult to fulfill obligations under the sales contract due to natural disasters or other force majeure events.
(4) The customer is subject to seizure, provisional seizure, provisional disposition, or foreclosure sale.
(5) The customer is subject to disposition for tax delinquency.
(6) Bankruptcy proceedings, civil rehabilitation proceedings, or corporate reorganization proceedings are initiated.
(7) The customer is subject to disciplinary actions such as cancellation or suspension of business operations by regulatory authorities.
(8) The customer has caused serious harm or damage to our company, our affiliates, or third parties.
(9) There are other reasonable grounds for determining that the sales contract cannot be continued.
Article 17 Limitation of Liability
17.1 Our company shall not be liable for any damages incurred by the customer arising from or related to the transaction or use of the products.
17.2 If these terms constitute a consumer contract defined by the Consumer Contract Act, the provisions of Section 1 of this Article shall not apply. However, even in such cases, our company shall not be liable for any incidental, indirect, special, future, or lost profit damages among the damages incurred by the customer due to our company’s negligence (excluding gross negligence).
17.3 In cases where our company bears liability for damages related to the transaction of the products, the liability for compensation shall be limited to the amount paid by the customer for the purchased products.
17.4 Our company shall not be liable for any transactions, communications, or disputes arising between customers or between a customer and a third party regarding the products.
Article 18 Offset
When our company has a claim against the customer, no matter whether based on the sales contract or not, our company may offset such a claim against any claim the customer has against our company, regardless of whether the due date has arrived.
Article 19 Elimination of Anti-Social Forces
19.1 Our company may refuse orders or terminate the sales contract without notice if the person who has ordered or intends to order the products, or their representatives, executives, or person with a substantial controlling or managing right falls under any of the following:
(1) Recognized as belonging to an anti-social force
(2) It is recognized that an anti-social force is substantially involved in management.
(3) It is recognized that an anti-social force is being utilized.
(4) It is recognized that they are providing funds or conveniences to an anti-social force.
(5) They have a socially improper relationship with an anti-social force.
(6) They employ fraudulent means, make violent demands, make unreasonable demands beyond legal responsibility, or use threatening words against our company or our affiliates, or do so via a third-party.
(7) They spread rumors or use fraudulent means to damage our company’s credit, or obstruct our company’s business, or do so via a third-party.
19.2 If our company refuses an order or terminates the sales contract based on the provisions of the preceding section, our company shall not be obligated to compensate for any damage incurred by the customer. Furthermore, if our company incurs damage due to such termination, the customer shall be obligated to compensate for said damage.
Article 20 Changes to These Terms
20.1 Our company may change these terms at any time when deemed necessary.
20.2 When our company changes these terms, we shall notify customers by posting a notification on our company’s website, and such notification shall clearly state the effective date of the changed terms.
20.3 Changes to these terms shall take effect on the effective date stated in the notification even without the customer’s consent, provided that the changes are in favor of the general interest of customers, do not contradict the purpose of these terms, and are reasonable in light of the necessity for change, the appropriateness of the changed content, and other circumstances related to the change.
Article 21 Transfer of Rights and Obligations
21.1 Customers shall not transfer or provide as collateral to a third party their positions, rights, or obligations based on these terms or the sales contract without prior written consent from our company.
21.2 Our company may transfer our position, rights, or obligations based on these terms or the sales contract to others (regardless of the form, including business transfer, company split, company merger, etc.) without prior notice to each customer, and the customer is deemed to have agreed to this in advance in this section. In the event of a business transfer, our company may transfer our position under the sales contract, rights and obligations based on these terms, customer registration information, and other customer information to the transferee.
Article 22 Entire Agreement
These terms constitute the entire agreement between our company and the customer regarding the matters contained herein and supersede any prior agreements, representations, and understandings between our company and the customer, whether oral or written, regarding the matters contained herein.
Article 23 Severability
Even if any provision of these terms or part thereof is deemed invalid or unenforceable under the Consumer Contract Act or other laws and regulations, the remaining provisions of these terms and the remaining parts of the provisions deemed partially invalid or unenforceable shall continue to be fully effective. Our company and the customer shall endeavor to modify the invalid or unenforceable provisions or parts to the extent necessary to make it lawful and enforceable, and to ensure the legal and economic effect equivalent to the intent of the invalid or unenforceable provisions or parts.
Article 24 Governing Law
The validity, interpretation, and performance of these terms shall be governed by and construed in accordance with the laws of Japan.
Article 25 Agreed Jurisdiction
It is agreed that the court having jurisdiction under Japanese law shall be the court of jurisdiction for the first instance for all disputes related to these terms.
Date of Enactment: October 28, 2024