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Terms of Service & Sale of Japan Scissors

Last updated on 14 January 2021

Nippon Shears Pty Ltd ACN 641 863 578

Acting as trustee for The Adams Scissor Trust ABN 68 501 252 754

Trading under the business name Japan Scissors

JAPAN SCISSORS TERMS AND CONDITIONS

FOR BUYING PRODUCTS

AND JUST BROWSING

Welcome to Japan Scissors.

In these terms, we also refer to the Japan Scissors as ‘our’, ‘we’, or ‘us’.

And you are you!

What are these terms about?

These terms apply when you use this website, being https://www.japanscissors.com.au/ and any other websites we operate with the same domain name and a different extension (Website).

These terms also apply when you purchase products through this Website (Products).

If you’re looking for our Privacy Policy, which we will comply with and you also agree to be bound by, you can find it here https://www.japanscissors.com.au/pages/privacy-policy.

How do I read these terms?

We separated these terms into three parts, so they’re easy to read and understand.

Those parts are:

  • PART A: Terms for when you buy Products (applies when you buy)
  • PART B: Terms for when you browse and interact with this Website (applies when you browse)
  • PART C: Liability and warranties, and interpretation provisions (applies to both buying and browsing)

Please let us know if you have any questions about these terms, and don’t continue using this Website or purchase any Products unless you have read and agree to these terms.

I’ve returned to your Website, do I need to read these terms again?

Once you place an Order, the terms accepted at the point of sale will apply to your purchase of those Products. However, please note that we may change any part of these terms at any time by updating this page of the Website, so you may find that different terms apply next time you use this Website or purchase Products. You can check the date at the top of this page to see when we last updated these terms.

DISCLAIMER

Japan Scissors strives to provide the best premium scissor products, and other accessories, at affordable prices. If you use or purchase a Product, please note that:

(a) (General Information) Any information on the Website is provided to you as general information only. The information is not adapted to your specific circumstances and it may not meet your specific needs.

(b) (Safety Precautions) The Products should be used safely and appropriately at all times. Caution should be taken when using the Products, and the Products should not be used by children.

(c) (Illegal or Harmful Use) The Products should not be used for any illegal, improper or harmful purpose.


PART A

FOR WHEN YOU BUY PRODUCTS…

1 SUBMITTING AN ORDER

(a) By submitting an order for purchase of a Product using the Website's functionality (Order) you represent and warrant that:

(i) you have the legal capacity and are of sufficient age to enter into a binding contract with us; and

(ii) you are authorised to use the debit or credit card you provide with your Order.

(b) Submitting an Order constitutes your intention and offer to enter into Part A of these terms (including Part C which you agreed to by using this Website) where we will provide you with the Products you have ordered in exchange for your payment of the total amount listed upon checkout.

(c) Part A of these terms is not agreed between you and us until we have approved your payment and you receive an email from us confirming that your order is being processed.

2 PRODUCTS

(a) (Descriptions) We will endeavour to ensure that the Products provided will be substantially the same as the Products displayed on our Website, or as otherwise agreed with you in writing prior to you placing your Order. Please note that due to screen display, colour and brightness, and image quality, Products may not exactly match the image on our Website.

(b) (Specifications) You acknowledge and agree that, unless otherwise agreed in your Order or in writing, Japan Scissors make no guarantees about the following specifications of any Product:

(i) the material the Product was made with (for example, a particular type of steel); or

(ii) the location the Product was manufactured in.

(c) (Size) You acknowledge and agree that the sizes listed for our products will be as specified by the manufacturer. Prior to purchasing a Product, you must check the size available on our Website to ensure you are purchasing the correct size for you. The size listed on the Website may be different for different products. Please note that you may be liable for the applicable shipping fees if you do not check the size and wish to obtain an exchange.

(d) (Risk & Title) Until the price of your Products is paid in full, title in those Products is retained by Japan Scissors. Risk in the Products will pass to you on delivery. Delivery must not be refused by you.

3 PAYMENT

(a) All prices are:

(i) per unit (except where indicated);

(ii) in Australian Dollars; and

(iii) subject to change prior to you completing an Order without notice.

(b) (Payment obligations ) Unless otherwise agreed in writing, you must pay for all Products in the amounts set out in the Order, and at the time of placing your Order (Fees).

(c) (GST) Unless otherwise indicated, amounts stated on the Website do not include GST. In relation to any GST payable for a taxable supply by Japan Scissors, you must pay the GST subject to Japan Scissors providing a tax invoice.

(d) (Card surcharges) We reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).

(e) (Online payment partner) We may use third-party payment providers (Payment Providers) to collect payments for Products. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.

(f) (Pricing errors) In the event that we discover an error or inaccuracy in the price at which your order was purchased (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price, or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.

4 DELIVERY AND SHIPPING

(a) (Delivery Costs) The prices displayed at checkout are inclusive of delivery costs (unless otherwise specified).

(b) (Delivery Details) Japan Scissors may charge you for delivery at any time (notwithstanding that we may not have previously done so). Where prices are stated as inclusive of delivery:

(i) delivery is to the delivery point specifically accepted by Japan Scissors; and

(ii) we will deliver the Products to you in accordance with the shipping information displayed on our Website.

(c) (Delivery Issues) Third party courier terms apply to the delivery of the Order to you. Any problems with delivery should be directed to us to troubleshoot the issue. We will endeavour to assist you to ensure your delivery arrives. All delivery times provided to you are estimates only and are subject to postal delays and reasons beyond our control. We do not warrant or make any representation that your Order will be delivered within the times indicated. We will not be liable for any loss or damage suffered as a result of or in connection with late deliveries.

(d) (International Orders) Japan Scissors reserves the right to refuse international orders. Approved international orders may be subject to customs and import duties upon reaching its country of destination. You will be responsible for paying all customs and import duties and acknowledge that failure to pay may result in your order being held at customs. We will not be liable for any costs you may incur in having your order released from customs, including reimbursing you for any customs or import duties you may pay.

5 CHANGES TO YOUR ORDER

5.1 CANCELLATION BY US

We reserve the right to cancel your Order for any reason, and will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.

5.2 CANCELLATION BY YOU

You may cancel your Order up to the time that we confirm your Order in writing to you. Once we confirm your Order, your Order is binding and cannot be changed by you. However, our refunds and exchanges processes in clauses 5.3 - 5.6 may apply.

5.3 RETURNS AND EXCHANGES

If you are unhappy with your Product or if there are any problems with your Product, please contact us at hello@japanscissors.com.au .

5.4 CHANGE OF MIND RETURNS

(a) We only offer change of mind returns for 7 days after your delivery, if you follow the following process:

(iii) You must contact us within 7 days from the date the Product was delivered to you (Delivery Date), indicating that you would like to return the Product and whether you would like a refund, store credit or an exchange.

(iv) We will notify you by return email of our return address to send the Product to (Return Address).

(v) You will send the Product to the Return Address, at your cost.

(vi) Upon receipt, we will inspect the Product to ensure it is in its original condition and its original packaging (as determined by us in our absolute discretion) (Original Condition).

(vii) If we determine that the Product is not in its Original Condition, at our option we will either:

  1. not offer a change of mind return, and we will either keep the Product, or deliver it back to your nominated address (at your cost), at your option; or
  2. offer a change of mind return, minus a 30% re-stocking fee and a cleaning fee in an amount reasonably determined by us (if the Product is not clean upon return).

(viii) If we determine that the Product is in its Original Condition, and the terms of this clause 5.4(a) have all been met, then we will issue the refund, store credit or an exchange (at your option), minus a 10% re-stocking fee. If you elect to receive a refund or store credit, we will deduct your re-stocking fee from this amount. If you elect to receive an exchange:

  1. you may be required to pay an additional fee to cover the re-stocking fee, depending on the value of the exchange item; and
  2. we will ship the exchange item to you at no additional shipping cost.

(b) From the date 7 days after a Product’s Delivery Date, we do not offer change of mind returns or exchanges.

5.5 OTHER RETURNS

(a) We will provide a full refund of the Fees paid for a Product if we determine that:

(i) a Product you have ordered was not received by you solely due to a failure by us;

(ii) a Product provided to you was not substantially the same as the Product you ordered as displayed on our Website (subject to reasonable variation as a result of screen display, colour and brightness, and image quality); or

(iii) the Product is faulty in accordance with clause 5.6.

(b) If you comply with the provisions of clause 5.6, the full amount refund of the Fees paid for a Product (excluding shipping costs) will be credited back to your original method of payment unless you request otherwise and we approve this request.

5.6 FAULTY PRODUCTS

The following process applies to any Product you believe to be faulty:

(a) If you believe your Product is faulty, please contact us at hello@japanscissors.com.au with a full description of the fault (including images).

(b) If we determine that your Product may be faulty, we will request that you send the Product back to us at your cost for further inspection, including any accessories, manuals, documentation or registration shipped with the Product. We reserve the right to further inspection before deeming a Product faulty.

(c) If we determine in our reasonable opinion that the Product is not faulty, or is faulty due to fair wear and tear, misuse, failure to use in accordance with the manufacturer's instructions, or failure to take reasonable care (including chemical damage or damage to the blade or tension adjuster due to improper use), we will refuse your return and send the Product back to you at your cost.

(d) If we determine that the Product is faulty, you will be credited the full amount paid (including shipping costs) and you may request a refund, exchange or store credit. All refunds will be credited back to your original method of payment unless you request otherwise and we approve this request.

(e) If you fail to comply with the provisions of this clause 5.6 in respect of a faulty Product, we may, in our absolute discretion, issue only a partial refund or no refund in respect of the faulty Product.

(f) Nothing in this clause 5.6 is intended to limit or otherwise affect the operation of any manufacturers' warranties which you may be entitled to or any of your rights which cannot be excluded under applicable law.

6 INTELLECTUAL PROPERTY

(a) Japan Scissors retains all intellectual property rights in the design of the Products, including the labelling and packaging, or those rights are owned by a third party. You must not attempt to copy, reproduce, manufacture or otherwise commercialise the Products.

(b) In these terms, "intellectual property rights" means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.

7 THIRD PARTY SUPPLIERS

(a) We may do any of the following:

(i) outsource any part of performing any services related to providing the Products, including delivery of your Products; or

(ii) procure materials and Products from third party suppliers,

without further notice to or permission from you.

(b) To the maximum extent permitted under applicable law, we will not be liable for any acts or omissions of those third parties, including where such third parties cause delay or damage to any part of your Order, or are negligent in providing services or goods.

8 DISCOUNT CODES

(a) We may provide promotional codes offering a discount on the Products (Discount Code).

(b) You agree that Discount Codes:

(i) may not be applied retrospectively to an Order;

(ii) are non-transferrable;

(iii) cannot be redeemed for cash or store credit; and

(iv) may be subject to additional terms and conditions.

9 RATINGS & REVIEWS

(a) You may be provided an opportunity to rate a Product (Rating) and/or may provide feedback to us regarding our Products and any services (Review), including on the Website.

(b) You must provide true, fair and accurate information in Reviews. Ratings must be a true and fair reflection of your opinion regarding a Product.

(c) You may only provide a Rating for a Product you have purchased and write a Review in relation to your own experience of a Product or our services. You are not permitted to provide a Rating or write a Review on behalf of any other person.

(d) We reserve the right to remove or delete any Rating or Review for any reason.

PART B

FOR WHEN YOU BROWSE THIS WEBSITE…

10 ACCESS AND USE OF THE WEBSITE

You must only use the Website in accordance with these terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with these terms and any applicable laws.

11 YOUR OBLIGATIONS

You must not:

(a) copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of Japan Scissors;

(b) use the Website for any purpose other than the purposes of browsing, selecting or purchasing Products;

(c) use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;

(d) use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;

(e) use the Website with the assistance of any automated scripting tool or software;

(f) act in a way that may diminish or adversely impact the reputation of Japan Scissors, including by linking to the Website on any other website; and

(g) attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:

(i) gaining unauthorised access to Website accounts or data;

(ii) scanning, probing or testing the Website for security vulnerabilities;

(iii) overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or

(iv) instigate or participate in a denial-of-service attack against the Website.

12 ACCOUNTS

(a) You may register for an account (Account) through the Website.

(b) When you register for an Account, you agree to provide honest, accurate, up-to-date and complete information.

(c) You agree that you are solely responsible for:

(i) maintaining the confidentiality and security of your Account information and your password; and

(ii) any activities and those of any third party that occur through your Account, whether those activities have been authorised by you or not.

(d) You agree to notify us if you detect any unusual activity on your account as soon as you become aware of it.

(e) Once you complete the Account registration process, we may, in our discretion, choose to provide you with an Account.

(f) We may, in our absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with these terms.

13 INFORMATION ON THE WEBSITE

(a) While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:

(i) the Website will be free from errors or defects (or both, as the case may be);

(ii) the Website will be accessible at all times;

(iii) messages sent through the Website will be delivered promptly, or delivered at all;

(iv) information you receive or supply through the Website will be secure or confidential; and

(v) any information provided through the Website is accurate or true.

(b) We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.

14 INTELLECTUAL PROPERTY

(a) Japan Scissors retains ownership of the Website and all materials on the Website (including product images, text, graphics, logos, design, icons, other images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.

(b) You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from Japan Scissors or as permitted by law.

15 THIRD PARTY TERMS AND CONDITIONS

(a) The Customer acknowledges and agrees that third party terms & conditions (Third Party Terms) may apply, including:

(i) the terms and conditions of Shopify, available here: https://www.shopify.com/legal/terms

(ii) the terms and conditions of PayPal, available here: https://www.paypal.com/au/webapps/mpp/ua/useragreement-full?locale.x=en_AU

(iii) the terms and conditions of Afterpay, available here: https://www.afterpay.com/en-AU/terms-of-service

(iv) the terms and conditions of Zip, available here: https://zip.co/page/terms-and-conditions

(b) The Customer agrees to any Third Party Terms applicable to any third party goods and services, and Japan Scissors will not be liable for any loss or damage suffered by the Customer in connection with such Third Party Terms.

16 LINKS TO OTHER WEBSITES

(a) The Website may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.

(b) Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.

17 THIRD PARTY HOSTING

(a) This Website is powered by a third party platform (in our case, Shopify) and Shopify’s terms and conditions apply to your use of this Website to the extent they are applicable to you.

(b) To the maximum extent permitted under applicable law and our agreement with Shopify, we will not be liable for any acts or omissions of Shopify, including in connection with any fault or error of the Website or any issues experienced in placing Orders.

18 SECURITY

Japan Scissors does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.

19 REPORTING MISUSE

If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.

PART C

LIABILITY AND OTHER LEGAL TERMS…

20 LIABILITY

(a) To the maximum extent permitted by applicable law, Japan Scissors limits all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to this Website, these terms or any Products or services provided by Japan Scissors, is limited to the greater of:

(i) the total Fees paid to Japan Scissors by you in the 12 months preceding the first event giving rise to the relevant liability; and

(ii) $100 AUD.

(b) Claims for loss of or damage to Products in transit must be made against the carrier.

(c) Products sold by Japan Scissors may have the benefit of any warranty given by the manufacturer that they indicate applies to you. All other express or implied representations and warranties in relation to Products and the associated services performed by Japan Scissors are, to the maximum extent permitted by applicable law, excluded.

(d) Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services we provide.

(e) (Indemnity) You indemnify Japan Scissors and its employees and agents in respect of all liability for loss, damage or injury which is or may be suffered by any person arising from your or your representatives':

(i) breach of any of these terms;

(ii) use of the Website; or

(iii) use of any goods or services (including Products) provided by Japan Scissors.

(f) (Consequential loss) To the maximum extent permitted by law, under no circumstances will Japan Scissors be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this Website, these terms or any Products or services provided by Japan Scissors (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).

21 FORCE MAJEURE

(a) If a party (Affected Party) becomes unable, wholly or in part, to carry out an obligation under these terms (other than an obligation to pay money) due to a Force Majeure Event, the Affected Party must give to the other party prompt written notice of:

(i) reasonable details of the Force Majeure Event; and

(ii) so far as is known, the probable extent to which the Affected Party will be unable to perform or be delayed in performing its obligation.

(b) Subject to compliance with clause 21(a) the relevant obligation will be suspended during the Force Majeure Event to the extent that it is affected by the Force Majeure Event.

(c) The Affected Party must use its best endeavours to overcome or remove the Force Majeure Event as quickly as possible.

(d) For the purposes of these terms, a ‘Force Majeure Event’ means any:

(i) act of God, lightning strike, meteor strike, earthquake, storm, flood, landslide, explosion or fire;

(ii) strikes or other industrial action outside of the control of the Affected Party;

(iii) war, terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion, epidemic, pandemic; or

(iv) any decision of a government authority in relation to COVID-19, or any threat of COVID-19 beyond the reasonable control of the Affected Party, to the extent it affects the Affected Party’s ability to perform its obligations.

22 NOTICES

(a) A notice or other communication to a party under these terms must be:

(i) in writing and in English; and

(ii) delivered via email to the other party, (in our case) to hello@japanscissors.com.au and (in your case) to the email address associated with your Account, or if you don’t have an account, the email address associated with your Order (Email Address). The parties may update their Email Address by notice to the other party.

(b) Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party's Email Address, notice will be taken to be given:

(i) 24 hours after the email was sent; or

(ii) when replied to by the other party,

whichever is earlier.

23 GENERAL

23.1 GOVERNING LAW AND JURISDICTION

This agreement is governed by the law applying in Western Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Western Australia, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

23.2 WAIVER

No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

23.3 SEVERANCE

Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.

23.4 JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

23.5 ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.

23.6 COSTS

Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.

23.7 ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.

23.8 INTERPRETATION

(a) (singular and plural) words in the singular includes the plural (and vice versa);

(b) (currency) a reference to $, or "dollar", is to Australian currency;

(c) (gender) words indicating a gender includes the corresponding words of any other gender;

(d) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

(e) (person) a reference to "person" or "you" includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;

(f) (party) a reference to a party includes that party's executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;

(g) (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;

(h) (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;

(i) (headings) headings and words in bold type are for convenience only and do not affect interpretation;

(j) (includes) the word "includes" and similar words in any form is not a word of limitation; and

(k) (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.