SUPER EDITION

JAPANESE

CONDITIONS OF USE

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Following are the Conditions of Use for the Super Edition Online Shop (hereafter referred to as Super Edition), which is operated by Super Edition, Inc.

Article 1 Applications of and Modifications to the Conditions of Use

  1. The Conditions of Use apply to all Users as specified in Article 3 below.
  2. Super Edition reserves the right to add, delete or change any part of the Conditions of Use without giving prior notice to a User.
  3. Super Edition assumes that a User is aware of and will abide by the Conditions of Use when making use of the services as specified in Article 2 below (hereafter referred to as The Services).

Article 2 The Services

  1. Super Edition shall provide the following:
    1. the sale of books and merchandise;
    2. information;
    3. services related to a and b above;
    4. other services that Super Edition may choose to provide in the future.
  2. Super Edition reserves the right to add, delete or change the content of The Services listed above.

Article 3 Definition of User


"User" refers to one that makes use of the terms as stated in the Conditions of Use and The Services.


Article 4 Finalization of the Sales Contract

  1. The sales contract between a User and Super Edition shall be finalized when:
    1. Super Edition receives order information from a User (i.e., online);
    2. Super Edition receives an order from any party (i.e., other than online).
  2. Minors shall be able to place orders only with the consent of his/her parent or legal guardian.
  3. Once the sale is finalized, Super Edition reserves the right to bill charges (hereafter referred to as The Charges) by one of the billing methods listed in Clause 1 of Article 7 below to a User for the merchandise he/she has specified.

Article 5 Canceling a Sale

  1. After a sale has been finalized, Super Edition reserves the right to cancel the sale under the following conditions:
    1. the merchandise is out of stock and there is no definite date on which the merchandise is scheduled to be restocked;
    2. the merchandise is damaged during delivery and there is none in stock nor a definite date for further production or delivery;
    3. the merchandise has been discontinued or cannot be supplied;
    4. the merchandise cannot be delivered due to an incorrect address or long-term absence of a User;
    5. a User fails to make payment for the merchandise within the designated time period;
    6. there has been a notice of payment denied from the credit card company designated by a User;
    7. the merchandise cannot be delivered for any other reason.
  2. Super Edition reserves the right to cancel a sale or take any other necessary measures in the case of foul play or inappropriate behavior when The Services are used, regardless of what is listed in the clauses above.

Article 6 Pricing

  1. Merchandise prices are listed on the Product Details page.
  2. Consumption tax is included in merchandise prices.
  3. Based on the shipping method stated in Clause 1 of Article 8 below, a single shipping charge shall apply to all domestic (Japan) destinations.
  4. Super Edition reserves the right to change the price of merchandise and delivery charge without prior notice to a User. If changes are made to the price of merchandise and/or delivery charge after a sale has been finalized, a User shall pay the amount listed at the time the sale was made and Super Edition shall not bill a User nor shall a User ask for a refund for the difference.

Article 7 Payment

  1. When buying merchandise, a User may choose one of the following methods of payment:
    1. bank transfer;
    2. postal transfer;
    3. credit card;
    4. C.O.D.
  2. Super Edition reserves the right to add to or delete from the methods of payment above.
  3. If a bank or postal transfer has been chosen by a User to make payment for ordered merchandise, a User shall make the payment within five business days from the time the sale is finalized through either of the following accounts (the transfer charge to be paid by a User):
    Bank transfer:
    Bank/branch: Sumitomo Mitsui Bank, Roppongi Branch
    Account name: Super Edition Co., Ltd.
    Account number: 5314874
    Postal transfer:
    Account name: Super Edition Co., Ltd.
    Code: 10130 Number: 98351141
  4. If the amount a User is to pay is lacking in any way, a User shall, by the same payment method used at the time the sale was finalized, make payment for the amount lacking without delay. A User shall pay for any transfer charges occurring at such a time.
  5. If a larger amount than the price for the ordered merchandise is received from a User for orders paid for by bank or postal transfers, Super Edition shall refund the amount minus any transfer charges, if a User shall so request. The refund shall be made to a User's bank or postal account. However, if the transfer charge necessary to make the refund is the same or exceeds the amount of the refund, Super Edition reserves the right to refuse to make the transfer. Also, if a period of two weeks has passed from the date a payment should have been made, a User shall not receive a refund from Super Edition.
  6. If notice of payment denied is received from the credit card company designated by a User, Super Edition reserves the right to ask a User to settle his/her account through another payment method.
  7. Super Edition accepts only payment by credit card for international orders.
  8. Payment by C.O.D. will not be accepted for orders with separate "ordered by" and "ship to" addresses.

Article 8 Delivery of Merchandise

  1. As a rule, all merchandise shall be packaged and delivered to a User's door by a routing company designated by Super Edition. Super Edition shall choose, using its own discretion, the routing company most fit to deliver merchandise depending on its size, weight and content.
  2. If the routing company cannot deliver the merchandise to a User's door due to some problem such as one having to do with the size, weight, content, or delivery route of the merchandise, or if a delivery method such as a chartered vehicle is used at the request of a User, Super Edition shall reserve the right to charge a User for the difference in delivery charges.
  3. Most merchandise is shipped collectively from one Super Edition warehouse. However, some merchandise is shipped from a warehouse in a separate location thereby making the delivery times and dates different depending on the merchandise. Delivery times and dates may vary according to the merchandise when more than one item is ordered at a time.
  4. Once a sale has been finalized, Super Edition shall begin arrangements for delivery of the merchandise only after payment for it has been received.
  5. A User shall be able to change the delivery destination of an order by contacting Super Edition of this decision before Super Edition has made arrangements for delivery to the delivery destination designated by a User at the time the order was placed. If a User requests to change the delivery destination of an order after the above arrangements have been made, Super Edition has no obligation to fulfill the request and it shall be by a User's responsibility and at his/her expense that such a request be fulfilled.
    However, only an address within Japan may be designated by a User residing overseas as a separate shipping address.
  6. If a User wishes to have merchandise delivered to multiple destinations, each destination shall be served by one order. A User shall not be able to request after multiple items have been ordered for delivery to a single destination that these items be shipped instead to separate destinations.
  7. A User shall be able to specify delivery to an address other than his/her own. If a User is not able to receive the delivered merchandise personally, he/she shall inform someone at the point of delivery that a shipment from Super Edition will arrive, making sure that the shipment is not to be returned to Super Edition because it could not be accepted at the specified delivery destination. If the delivery is refused at the destination or if the recipient is not able to receive the package due to a prolonged absence and the merchandise must be returned to Super Edition, a User shall pay the expenses for the return and redelivery of the merchandise.
    However, only an address within Japan may be designated by a User residing overseas as a separate shipping address.
  8. A User shall not be able to request gift-wrapping or message cards from Super Edition unless it is the time period during which Super Edition is providing gift-wrapping or message cards.
  9. Unless otherwise specified, the time from shipment to delivery is as follows:
    1. for Honshu: approximately five business days;
    2. for Hokkaido, Shikoku, Kyushu, Okinawa and remote Japanese islands: approximately eight business days;
    3. for international delivery : approximately three weeks.
  10. The time from shipment to delivery as specified above may be extended for the following reasons:
    1. Super Edition is unable to ship merchandise due to inventory;
    2. Super Edition is unable to ship merchandise during weekends and national and/or company holidays;
    3. Super Edition is unable to ship merchandise on schedule due to unforeseen circumstances such as numerous large orders or a heavy workload;
    4. there is an unforeseen delay at the routing company after shipment from Super Edition has been made;
    5. shipping is delayed for international orders due to the domestic circumstances of a given country.
  11. A User shall not be able to specify a delivery date.
  12. If the routing company cannot deliver the merchandise due to a User being absent at the time of delivery and leaves an absent slip informing a User that a delivery has been attempted, a User shall be responsible for contacting the said company and make the necessary arrangements for redelivery.
  13. Super Edition is neither directly nor indirectly responsible for any lateness in delivery for any reason including those in Clauses 10 above.

Article 9 Transfer of Ownership

  1. Ownership of the merchandise is transferred from Super Edition to a User at the time the ordered merchandise is received by a User or a designated recipient at another delivery location.
  2. If payment is made by credit card, under certain circumstances ownership of the merchandise may be transferred to the credit card company in compliance with the membership agreement between the credit card holder and the credit card company.

Article 10 Returns and Exchanges

  1. A User shall not be able to change the content of the order, cancel the order, or return or exchange the merchandise once the sale has been finalized.
  2. Upon receipt of the merchandise, a User shall immediately check the merchandise for any damage or errors.
  3. If the merchandise received by a User is damaged or in error, a User shall contact Super Edition within three business days and store the merchandise in its original packaging. Once Super Edition confirms the damage or error after a User has contacted Super Edition within the designated time period, Super Edition shall exchange the merchandise and pay for the miscellaneous expenses that may occur as a result of this exchange.

Article 11 Handling of Private Information


Super Edition shall handle all private information concerning a User in accordance with its Privacy Policy.


Article 12 Copyright, etc.


A User shall not be able to use copyrighted or any other material that has been supplied by Super Edition without the express permission of those who hold the copyright. The said material is governed by the Copyright Law and shall be only for the personal use of a User. In the event a problem arises regarding the unlawful use of the copyrighted intellectual property, a User shall of his/her own responsibility and at his/her expense right the problem and shall not incur any damage to Super Edition.


Article 13 Prohibited Practices


A User shall not take part in the following:
  1. criminal acts, acts going against public order and the standards of decency, other unlawful acts that are suspect of the above;
  2. acts that may disrupt the business of Super Edition or acts that are suspect of the above;
  3. acts that may injure the credibility of a third party; disruptive, unfavorable or injurious acts, or acts that are suspect of the above;
  4. use the private information of a third party or false information in order to use The Services provided by Super Edition;
  5. violate any part of the Conditions of Use or any act suspect of the above;
  6. any other acts that Super Edition finds inappropriate.

Article 14 Waiver

  1. Super Edition reserves the right to change, delete or add to the layout, content and individual pages of its website and does not have the responsibility to change, delete or add to the above at the request of a User. The same applies to the program, database and any other part of the EC system.
  2. A User shall be responsible for the expenses for the preparation of computers, communication tools, etc., necessary to use The Services as well as the expenses incurred for telephone, fax, Internet, telephone line, labor, and other costs that may arise as a result of using The Services.
  3. If User data becomes lost or illegible due to damage or trouble of the computer and/or communications equipment, etc., that is necessary for Super Edition to provide The Services, Super Edition reserves the right to unconditionally and without notice terminate the sales contract between it and a User.
  4. If a User inflicts damage on another User or third party by using The Services provided by Super Edition, it is the said User's responsibility to make amends and he/she shall not hold Super Edition responsible in any way.
  5. Super Edition is not responsible for any injury that may occur as a result of a User not being able to use The Services.
  6. Super Edition is not liable for any damages, injury or loss of any kind that may occur as a result of using The Services regardless of whether there is reason to so claim under the law.
  7. A User exempts him/herself of responsibility by carrying out business in accordance with the information he/she has provided to Super Edition.

Article 15 Miscellaneous

  1. The content of these Conditions shall be governed by Japanese law.
  2. If a problem arises while using The Services that is not covered by the above Conditions, a User and Super Edition shall do their best to try to solve the problem in the best way possible.
  3. In the event legal action becomes necessary as a result of using The Services, it shall be under the jurisdiction of the Tokyo District Court.

Last Revision: May 15, 2005
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