Terms and Conditions of Use

Terms of Service

WARAYA website (hereinafter the “Website”) is the internet shopping website operated by WARAYA Co., Limited (hereinafter “Our Company”). Terms of Use of the Website (hereinafter the "Terms of Use") are stipulated as follows. We offer the Website, including all information, products and services (hereinafter the “Product”) available on the Website to the Member (the “Member”), conditioned upon your acceptance of all terms, conditions, policies and notices set forth herein. By using the Website, you agree to be bound by the Terms of use including other additional terms and conditions and policies. In case of any conflict between the Terms of use and other additional terms and conditions, additional terms and conditions will prevail. Unless there is a conflict between the Terms of use and other additional terms and conditions, all the terms should be applied together.

1. (Definition）

2 (User Qualification)

1． After registered as a member of the Website, in accordance with the Terms of Use and other additional terms and conditions and policies, the member would be able to purchase the Product on the Website.

2． Members shall not be able to transfer, lend, sever, buy or sell, or pawn their membership and rights acquired through the use of the Service.

3． Our Company reserves the right, at its sole discretion, without any prior notice to the Member or any permission from the Member, to suspend the use of the Website, to change the password, or expel the membership in any of the following circumstances. Our Company will not be liable to disclose reasons for those situations.

(1) The Member does not exist.

(2) The Member inputs the wrong password more than the number of times specified by Our Company.

(3) The Member uses the membership information (including its password) improperly or allows someone to use the membership information improperly.

(4) The Member use the information provided by the Website improperly.

(5) The Member is not using the Website within the period specified by Our Company.

(6) At the time of the use, the member's account is suspended, or the membership had been expelled in the past.

(7) If the Company deems that there is a risk of causing damage to the Company, its business partner, or other third parties.

(8) The information submitted to Our Company for registration contains false information, errors, or any omission.

(9) The Member fails to pay Our Company the proper amount owed.

(10) The Member causes any operational difficulty or technical difficulty to Our Company or its business partners.

(11) The Member commits any act that disturbs the other Member using the Website.

(12) The Member is not at the legal age of majority and uses the Website without parental consent.

(13) There is any seizure, provisional seizure, provisional disposition, compulsory execution, bankruptcy, and civil rehabilitation procedure declared against or by the Member.

(14) The Member breaches any clause in the Membership Agreement or additional terms and conditions set forth.

(15) The Member conducts any prohibited act stipulated in Section 12 of the Membership Agreement

(16) The Member fails to make a payment by the method instructed by Our Company.

(17) Our Company determines that the use of the Website by the Member is inappropriate.

(18) In any other case Our Company determines that the Member is inappropriate

4．Our Company shall not be liable or make compensation for any damage arising out of any of the above measures taken against the Member.

3. (Sales Contract)

1. The contract is made when the Member submits a purchase request by the method set by Our Company and we accept that request.

2. The Member may revise or cancel any order request at the order confirmation page before the order has been confirmed

3. The Member should pay the purchased amount within the period fixed by Our Company.

4. In the event the Member fails to pay the purchased amount within the fixed period, Our Company may cancel the Sales Contract after sending an Order Cancellation Notice to the email address provided by the Member.

5. The Member may not transfer or mortgage any right given by the Sales Contract。

6. Our Company reserves the right to cancel the Sales Contract for any of the following reasons.

(1) The Member is not at the legal age of majority and purchases the product without parental consent.

(2) The Member has breached any clause in the Membership Agreement or additional terms and conditions set forth by Momo in the past.

(3) The information submitted to Our Company for the Membership Registration contains false information, errors, or any omission

(4) The Member fails to make a payment by the method instructed by Our Company

(5) The Member fails to pay Our Company the proper amount owed.

(6) The Member refuses delivery or returns the product several times without justifiable reasons.

(7) If the Company deems that there is a risk of causing damage to the Company, its business partner, or other third parties.

(8) There is insufficient inventory to fulfill a purchase request due to stock shortage in the point of origin, delay in the product release, cancellation of the Product release or any other reasons.

(9) In any other case Our Company deems inappropriate.

4. (Listed Price)

Our Company tries its best to list an accurate price of each product. In case there is an obvious error in a listed price or listed contents on this website, Our Company will adjust a price as follows:

(1) If the actual price is lower than the price listed:

Our Company will promptly notify the Member promptly and issue a bill based on the actual price.

(2) If the actual price is higher than the price listed:

Identified Before Shipment

Our Company will notify the Member of the actual price promptly and reconfirm the Member’s intention to purchase the Product at the actual price

Identified After Shipment (Payment incomplete)

Our Company will notify the Member of the error promptly and offer a discount based on a difference between the actual price and the listed price.

Identified After Shipment (Payment completed)

Our company will notify the Member of the error promptly and refund the difference to the Member. Refund method will be advised by Our Company.

(3) If Our Company determines that an error is significant, regardless of the clause stipulated in above, Our Company may cancel all or a part of the sales contract at its discretion.

5. (Shipping)

1. The Product may only be shipped to addresses in Hong Kong. In addition, we do not ship any chilled or frozen product to the certain areas in order to ensure the quality of the Product.

2. Unless otherwise stated on the product page, Our Company does not open any package and / or collect packaging materials of the Product at the time of delivery.

3. When the Product is shipped out to your address, the responsibility and liability for the product are transferred to the shipping company. For matters regarding shipping, the terms and conditions of the shipping company shall be applied.

4. The inventory information and the delivery information of some seasonal products shown on a product page are only for reference and do not guarantee the accuracy. The Member should be aware that there may be a difference between provided information on a product page and actual conditions of products due to any reason including the timing of orders, the update of the Website, the actual inventory level and any other unexpected reason.

6. (Delivery of Substitute Products)

In the situation that delivery becomes impossible due to unforeseen weather changes, natural disasters, unexpected accidents, etc., Our Company shall propose the delivery of substitute products to the Member. In addition, Our Company shall confirm the substitute products with the Member before delivery.

7. (Shipping Charge)

Unless otherwise stated on a product page, Our Company will bear all shipping charges. In the case redelivery is needed due to the Member’s absence on the scheduled delivery date, the additional charges should be borne by the Member.

8. (Product Return)

1．The Product may only be returned if there is any of the following reasons. The shipping fees for the returning product shall be prone by Our Company. The member shall apply for product return within a day of product arrival and the request is approved by Our Company in order to return a product. The product must be in unused condition and in the original packing as it delivered.

(1) there is a defect in a product.

(2) A product has been distorted, damaged, or stained due to an accident during delivery.

(3) A product delivered to the Member is different from the Member’s order due to Our Company’s fault.

(This does not include if the product is different from the Member’s subjective wishes or expectations)

2. If any defect or damage appears after long-term storage at the shipper due to any reason caused by the Member (e.g. absence on delivery date), Our Company will not bear any responsibility.

9. (Password Management)

1. The member is responsible for its password management.

2. The member shall not share its password, any personal information associated with its account and any right to use our service requiring personal identification (including Membership Registration) with any third party. The member also shall not let anyone use them or buy, sell, pawn, or transfer them to any third party.

3. The Member is responsible for the use of the Website once the account is logged in, even when the account is used by any other person.

4. If there is any suspicion that the Member’s password has been leaked or use by a third party, the Member should notify Our Company immediately and follow the instruction as given by Our Company.

5. If the registered account is not used for a certain period of time and Our Company can not find any trace of using the Website, Our Company reserve the right to suspend the Member’s password or the membership. Our Company may also delete the Member’s password without any permission from the Member. Our Company is not liable for any loss or damage that caused by any of those measures taken.

6. The member shall provide indemnity against any loss or damage caused to Our Company and its business partners which resulting from the Member’s inappropriate password management.

10. (Change in Notified Information)

1. If there is any change in information registered to Our Company, the Member shall notify Our Company in the forms designated by Our Company without any delay.

2. Our Company will notify the Member of necessary information by uploading on the Website, sending e-mail or any other methods that Our Company deems appropriate.

3. Notifications would be sent to the contact information registered with Our Company. Notifications are considered valid at the time transmitted. Our Company shall not be liable for any loss or damage caused by the fact that the Member did not update its registered information.

11. (Provision of Information)

The Member agrees that advertisement including banner advertisement may be appeared for all content, such as Web and e-mail, The Member also agrees that Our Company will distribution information such as product information through e-mail, fax, or postal mail to the Member.

12. (Prohibited Acts）

1．When the Member uses the service provided by Our Company, any of the following acts listed below is prohibited. The Member shall not share its password, any personal information associated with its account and any right to use our service requiring personal identification (including Membership Registration) with any third party. The Member also shall not let anyone use them or buy, sell, pawn, or transfer them to any third party.

(1) Acts that interfere with the Website / Our Company operation. (Including frequent returns of product without justifiable reason, Clause 8.1 is invalid in this case)

(2) Any acts contrary to the Terms of Service or additional terms and conditions set forth by Our Company.

2. In case Our Company suffers any damage (including personnel expenses, attorney’s charges, and any other expenses incurred by the person engaged in the corresponding business) due to the acts of the member that stipulated above, Our Company reserve the right to claim compensation from the Member.

13. (Disclaimer)

1. The information provided in this Website is for general information purposes only while we endeavour to keep the information up to date and correct if at all possible. Our company does not guarantee about the completeness, accuracy, reliability, sustainability, or effectiveness, etc. with respect to this website or the information, products, services, or related graphics, etc. contained on this website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

2. We do not guarantee the quality or performance of this website to the members. Moreover the Company will not be liable to the members for any data loss or lost profits (including lost data or lost profits if the entered data is lost for any reason) arising out of in connection with any suspension, cancellation or defect of this website.

3. Our company shall only indemnify direct damages that actual occurred if a latent defect in a product causes any damage to the Member, or if the Member incurs any damage due to any cause attributable to us. The damage shall be compensated up to the selling price of the product.

4. It is the Member’s responsibility to take all protective measures to guard against computer viruses or other destructive elements. Our company is not liable for any loss or damage caused by computer viruses or other destructive elements.

5. Our company does not provide any guarantee to ensure operation of any software or devices when the member use this website.

6.The Company shall not bear the connection fee when the members use this website.

7. Our Company shall not be liable to the member for any damage of any kind related to the use of this website by the members.

8. Our company is not responsible for any damage or loss, 1) caused by the member to any third party 2) caused by any third party to the member, related to the use of this website. (including the case the member suffers any loss or damage caused by a malicious third party collecting personal information by some kind of method for improper purposes) The dispute shall be settled between the member and a third party, and our company is not responsible for this dispute.

9. This clause stipulates all our responsibilities to the members. Our company, in any case, is not liable for any loss or damage, including without limitation, indirect or consequential loss or damage such as the Member’s lost profit, legal or lawyer fees and any other loss.

14. (Interruption or Suspension of Service)

1. Our Company reserves the right to suspend the Member’s access to the Website and our service without prior notice and consent of the Member, if any of the following applies.

(1) If the Website is under inspection check-up, update, or any other maintenance.

(2) If there is a fire, power outage, natural disaster, war, riots, turmoil, strikes, labour negotiations or any other similar situation.

(3) If the Website has system or technical difficulty to provide our service.

(4) If there is service outage of the telecommunications provider.

(5) If there is any other technical or operational difficulty in accordance with the previous two clauses.

(6) If Our Company deems that it is necessary to interrupt or suspend the service.

2. Our Company shall not be liable to any loss or damage incurred by the Member due to the interruption or suspension of the Website.

15. (Change or Termination of Service)

Our Company reserves the right to change or terminate all or part of our service at any time without prior notice and consent of the Member. Our Company is not liable for any loss or damage caused by the change or termination of our service.

16. (Change of Terms)

1. Our Company reserves the right to change the Term of Service at any time without prior notice and consent of the Member. Any changes to the Term of Service will be reflected on the Website and become effective immediately.

2. Our Company reserves the right to abolish the Term of Service without prior notice or consent of the Member. Our Company shall not be liable for any loss or damage caused by the abolition of the Term of Service.

17. (Discrepancy)

The Term of Service is made in three languages: English, Chinese, and Japanese. In case of any discrepancy or inconsistency among each language, English version shall prevail.

18. (Governing Law and Jurisdiction)

1. The Term of Service complies with Hong Kong Law.

2. In the event of dispute arising out of or in connection with the Term of Service, the Hong Kong Special Administrative District Court shall have elusive jurisdiction.

2020年11月21日