Article 1 – Scope of Application and Changes to These Terms
1. These terms shall apply to all Users defined in Article 3.
2. Scramble Co., Ltd. may add, delete or change the contents of these Terms without prior notice to the User.
3. At the time of use of the services specified in Article 2 (hereinafter the “Services”), the contents of these Terms shall be confirmed, and Scramble Co., Ltd. shall regard the User who is using the Services as having agreed to these Terms.
Article 2 – Services Provided
1. The Services provided by Scramble Co., Ltd. are the services listed in the followings.
-1. Goods sales services
-2. Information provision services
-3. Various services associated with the preceding sections
2. Various services provided by Scramble Co., Ltd. in the future
Scramble Co., Ltd. may add, delete, and change the contents of the services specified in each of the preceding paragraphs.
Article 3 – Definition of User
“User” means the user of these Terms and the Services.
Article 4 – Establishment of Sales Contracts
1. The sales contract between the User and Scramble Co., Ltd. shall be concluded at the time specified in the followings.
-1. In the case of an order from an online shop, when the order information from the User is received.
-2. In the case of an order from a non-online shop, when Scramble Co., Ltd. accepts the order.
2. Minors’ application to purchase products shall be considered to have acted at the responsibility of the parent or guardian.
3. After the sales contract is concluded, Scramble Co., Ltd. may charge the price (hereinafter “Price”) based on the sales contract concluded between the User and Scramble Co., Ltd., by the settlement method specified by the User at the time of order according to the Article 6, Paragraph 1.
Article 5 – Cancellation of Contract
1. Scramble Co., Ltd. shall be able to cancel the contract in the following cases after the sales contract is concluded.
-1. When there is no stock of the product for which Scramble Co., Ltd. received the order, and the arrival schedule afterwards is undecided.
-2. When the damage, defectiveness, etc. occurs before delivery, and there is no stock, and the arrival schedule is undecided.
-3. When the product becomes unprovidable due to discontinuation of production at a manufacturer or supplier.
-4. When the product cannot be delivered due to unknown destination or long-term absence.
-5. When the User fails to pay within the specified time period.
-6. When the user-specified credit card company informs that the credit card has not been credited.
-7. When it is impossible to deliver the product due to other circumstances.
2. Notwithstanding the provisions of the preceding paragraph, in the event of misconduct or inappropriate conduct with regard to the use of the Services, Scramble Co., Ltd. shall be able to cancel or terminate the sales contract or take other appropriate measures.
Article 6 – Price
1. The price of each product is specified on the product detail page, and the shipping fee is specified on the “Shipping and Shipping Cost” page.
2. Prices and shipping fees shown include consumption tax.
3.The shipping fees specified on the “Shipping and Shipping Cost” page are based on the shipping method set forth in Article 8, Paragraph 1.
4. Scramble Co., Ltd. may change the product price and shipping fees without notice to the User. Even if the product price, shipping fee, or both are changed after the sales contract is concluded, the User shall pay the price at the time of the establishment of the sales contract, and Scramble Co., Ltd. will not charge the difference to the User or refund the difference to the User.
Article 7 – Settlement
1. At the time of purchase of the product, the User shall be able to select the payment method specified in the followings.
-1. Online payment (Credit card)
-2. Bank wire transfer
-3. Cash on Delivery
2. Scramble Co., Ltd. may add or delete the settlement method specified in each of the preceding paragraphs.
If the user-specified credit card company informs you that the credit card has been defaulted, Scramble Co., Ltd. shall be able to charge the User for payment using other payment methods.
Article 8 – Delivery of the Product
1. Basically, for all orders, the products will be delivered by a route carrier designated by Scramble Co., Ltd., and all items will be delivered on entrance of residence in a packed state. The route carriers shall be selected at the discretion of Scramble Co., Ltd., taking into account the size, weight, nature, etc. of the product.
2. If it is not possible to deliver on entrance of residence by the route carrier, because of the size, weight, nature of the products or delivery route, or if the delivery is conducted other than the route delivery, such as a charter truck at the User’s request, and a delivery fees are higher than the fees at the time the sales contract is concluded, the Scramble Co., Ltd. may charge the User the difference in the delivery fees.
3. The User may change the delivery destination of the product specified at the time of order by notifying Scramble Co., Ltd. until the period before Scramble Co., Ltd. starts the product shipment arrangement. Scramble Co., Ltd. shall not be obligated to respond to the User’s request if the User notifies to change the destination of the product after the start of the product shipment arrangement, and the User shall change the destination of the product at its own responsibility and expense.
4. When delivering products to multiple destinations, the User shall place a single order for each destination. When the User orders more than one product at a time for a single destination, the User may not request Scramble Co., Ltd., after the order is placed, that each product be delivered to more than one destination.
5. The User may designate the delivery of products to a place other than the User’s own residence. If the User itself does not receive the products, the User shall inform the delivery destination or the recipient in advance that the products will be delivered from Scramble Co., Ltd., and the products shall not be returned to Scramble Co., Ltd. due to the reasons such as refusal to receive them. If the products are returned to Scramble Co., Ltd. due to the User’s carelessness, such as refusal to receive or long-term absence, and the products are delivered again at a later date, the User shall pay the actual cost of the delivery fees for returning to Scramble Co., Ltd. and of the re-delivery fees.
6. Unless Scramble Co., Ltd. announces, as a promotional campaign, that the product will be gift-wrapped or with a message card, the User shall not be able to request Scramble Co., Ltd. to provide such services.
7. The period between the start of product shipment arrangements and the delivery of the product to the User will be the period specified in the followings, except as provided in the further following paragraphs.
-1. Approximately 2-9 days after ordering in a normal case
8. The delivery period of products may be extended for the reasons specified in the followings.
-1. If there are consecutive holidays due to Saturdays, Sundays, national holidays, or Scramble Co., Ltd.’s business holidays, and shipping cannot be conducted.
-2. When the shipment and other work volume of the manufacturer or supplier are large, and the product shipment on schedule cannot be carried out.
-3. When delivery is delayed due to circumstances on the delivery carriers after shipment of the product.
9. If the route carrier returns, due to the absence of the User at the time of delivery, without delivering the products and leaves the “absence notification”, the User shall contact the route carrier by itself and arrange for the re-delivery.
10. Scramble Co., Ltd. shall not be liable for any direct or indirect damages incurred by the User due to delays in delivering products to the User for any reasons as described in the preceding paragraphs and other reasons.
11. Domestic shipping fees are listed on the shipping page, and overseas shipments are also listed on the shipping page.
Article 9 – Transfer of Ownership
1. Upon receipt of the ordered products by the User itself or the destination specified by the User, ownership of the goods shall be transferred to the User from Scramble Co., Ltd.
2. When the User selects to pay by credit card, the credit card company may retain ownership of the products on the User’s order in accordance with the terms and conditions of the membership terms established by the credit card company.
Article 10 – Returns and Exchanges
1. For all orders, the User shall not be able to change to other products, change specifications, cancel, return or exchange products at the User’s convenience after the sales contract is concluded.
2. After the arrival of the product, the User shall confirm whether there is any damage, etc. without delay.
3. In the event of damages, defects, or differences in products, the User shall contact Scramble Co., Ltd. within 5 days after the arrival of the product.
In this case, the User shall keep the product in the packing state at the time of delivery. If the User contacts Scramble Co., Ltd. within the specified period and the damages, defects, product differences, etc. of the product are recognized by Scramble Co., Ltd., repairment or replacement with a new product shall be carried out at the expense of Scramble Co., Ltd. However, if it is not possible to replace sold-out products, discontinued products, or limited editions, or if it cannot be repaired, the product Prices will be refunded.
Article 11 – Handling of Personal Information
Article 12 – Copyright
Documents, video, audio, and other works provided by Scramble Co., Ltd. through the Services are protected by copyright laws, other laws, and international treaties. It is prohibited, regardless by any media or other means, to reproduce, divert, transmit, or show all or any part of them without the permission of Scramble Co., Ltd. In addition, it is not allowed to change, modify, or add the contents at all.
The User may not use or disclose any information, such as copyrighted works provided through Scramble Co., Ltd. beyond the scope of the User’s personal use stipulated in the Copyright Act, without the consent of the person who has the right for it. In the event of any problem related to intellectual property rights such as copyrights in violation of the provisions of this Terms, the User shall resolve the problem at its own expense and responsibility, and shall not cause any inconvenience or damage to Scramble Co., Ltd.
Article 13 – Prohibitions
The User shall not perform any of the acts specified in the followings.
1. Criminal acts, acts contrary to the public order and morals, or other acts that violate or may violate laws and regulations.
2. Acts that damage the credibility of Scramble Co., Ltd. or a third party, acts that cause troubles, annoyance or damages, or acts that are likely to do so.
3. Acts of using the Services by illegally using the personal information or false information of a third party.
5. Other acts that Scramble Co., Ltd. deems inappropriate.
Article 14 – Other Disclaimers
1. Scramble Co., Ltd. shall be free to change, delete or add the composition, content, pages, etc. of the website, and shall not be obligated to return to the state before it was changed, deleted or added, at the User’s request. The same is true for all EC systems, such as programs and databases.
2. The User shall bear the costs of preparation and installation of computer equipment and communication equipment necessary to use the Services, telephone and fax charges required to use the Services, internet connection charges, communication charges such as line usage fees, labor costs, and all other expenses.
3. In the event that the User’s data becomes lost or illegible due to a failure or trouble with computer equipment, communication equipment, etc. of Scrambled Co., Ltd. to provide the Services, or a failure of the communication line, Scramble Co., Ltd. shall be able to cancel or terminate the sales contract immediately and unconditionally without any notice.
4. If the User causes damage, etc. to another User or a third party due to the use of the Services, the User shall resolve the issue at its own responsibility and expense, and shall not cause any inconvenience or damage to Scramble Co., Ltd.
5. Scramble Co., Ltd. shall not be liable for any damage caused by the User’s failure to use the Services.
6. Scramble Co., Ltd. shall not be liable for any damages, losses, or detriments as a result of the use of the Services in any case, regardless of the cause of the legal claim.
7. Scramble Co., Ltd. shall be indemnified by processing the affairs in accordance with what the User has registered in or has communicated to the Scramble Co., Ltd.
Article 15 – Others
1. The establishment, effect, performance and interpretation of these Terms shall be governed by the laws of Japan.
3. In the event that a lawsuit arises regarding the use of the Services, the Tokyo Summary Court or the Tokyo District Court shall be the exclusive jurisdictional court of the first instance regardless of the amount of the action.