terms of service
This document is a translation, so the legally correct text is in Japanese.
These terms and conditions govern the terms and conditions of use of the mail order service (hereinafter referred to as the “Service”) for products (hereinafter referred to as the “Products”) published in various product catalogs published by GANESHA (hereinafter referred to as the “Company”) and on the website operated by the Company (hereinafter referred to as the “Website”) (hereinafter referred to as the “Company Catalog”) and sold within Japan (hereinafter referred to as the “Products”). The Terms of Use stipulate the conditions of use of the mail order service (hereinafter referred to as the “Service”) for products (hereinafter referred to as the “Products”) listed in various product catalogs on our website (hereinafter referred to as the “Site”) and sold in Japan.
Article 1 (Application of these Terms of Use)
In using the Service, the Terms of Use shall apply equally to all customers who have completed the purchase procedures of the Company, except for those to which the Terms of Use do not naturally apply due to the nature of the Products.
By making a purchase, you agree to be bound by the Terms and Conditions.
In the event that the Company establishes separate terms and regulations for the Products or the Service, such terms and regulations shall take precedence over the Terms of Use.
If there is any conflict between a separate agreement, etc. between you and the Company (including cases where the terms and conditions are stated in your Order, etc.) and the provisions of these Terms of Use, these Terms of Use shall take precedence.
Article 2 (Contents of the Service)
You may purchase Products through the Service in accordance with the terms and conditions (including, but not limited to, standards, prices, delivery methods, and precautions for use) described in our catalog, subject to the provisions of these Terms of Service. However, due to the nature of the Products, the Company may exclude certain Products from the Service without prior notice or announcement in accordance with the Company's prescribed standards, or for the convenience of the manufacturer or the Company.
Customers may use the various services provided on the Site in accordance with these Terms of Use and the Terms of Use posted on the Site.
The Service shall be provided within Japan. However, this excludes cases in which the Company's catalog indicates areas where delivery is not possible. In countries other than Japan, if delivery is possible, we will provide the service after separately discussing various terms and conditions.
For orders for Products for which a quotation is required at the price shown in our catalog (hereinafter referred to as “Orders”), or for other Orders for which a quotation is required for our convenience, the price and shipment of the Products shall be determined by the quotation.
Article 3 (Method of Ordering the Product)
You may place an Order for Products by any of the following methods. However, the method of ordering may be limited depending on the type and quantity of the Product, such as custom-made products and other Products.
Ordering via the Internet: Please enter the necessary information on the shopping cart order screen of this site.
For details on how to use this site, please refer to our catalog and the relevant page of this site.
Your order will be considered valid when we receive your order in accordance with this Article. If the Company is unable to receive the data of your order due to a communication failure or any other reason, or if the required information to be included in your order is incomplete, your order shall be deemed not to have been validly placed. In such cases, the Company shall not be liable for the customer's inability to purchase the Products or for any damages arising in connection therewith.
A sales contract concerning an order for the Products from a customer shall be deemed to be formed when the Company receives the order in accordance with this Article. However, this shall not apply if the Company promptly rejects such order after receipt of the order. In such a case, we shall not be liable for any loss or damage arising from or in connection with your reliance on the conclusion of the sales contract. In the event that we deem it particularly necessary, we shall enter into a separate purchase agreement or modify the terms of sale.
In the event that the Company incurs costs in connection with a customer's request regarding an order, the Company may require the customer to bear such costs.
Article 4 (Change or Cancellation of Orders)
You may change or cancel your order (hereinafter referred to as “Cancellation, etc.”) from the time of order to within 3 days after receipt of the Products, provided that the Products have not been used, altered, or deformed by you.
Cancellation is possible after the order has been placed and the Product has been delivered and received.
Cancellation is not allowed until the order arrives at the customer's premises, as the delivery company will place the order and begin delivery operations after the order has been placed.
Upon receipt of the Product, the Product must be promptly returned to the address provided to us by our contact person. In such cases, the customer shall bear all costs associated with the return, including shipping, handling, and taxes.
Refunds will be paid within 5 business days after the product arrives at our company and its condition is confirmed.
Defective products will be handled within 3 days of receipt of the product if there are any deformities that may cause problems when the product is opened.
After the product has been installed in the vehicle, we will charge for any reason.
Article 5 (Shipping of Products)
The Company shall ship the Product to the customer based on the customer's order. However, the Company may set the shipment date on a case-by-case basis depending on the type and quantity of the Products ordered, the date and time of the order, and other factors.
The shipping date and the delivery date of the Product to the customer are different. When placing an order for the Products, the customer should refer to the estimated number of days required as stated on the Company's website before placing the order. Please note that the Products may not be delivered within the required delivery days by region due to weather conditions, traffic congestion, road construction, or other environmental reasons, the time of shipment of the Products (year-end and New Year holidays, summer vacation, mid-year and year-end gift-giving periods, etc.), or other reasons, and the Company shall not be liable to the customer in such cases.
Article 6 (Delivery of the Product)
Delivery of the Products shall be deemed to be completed when the Products are delivered to the delivery address registered by the Customer or specified by the Customer at the time of order (provided, however, that the Company may limit the delivery address that the Customer can specify). For heavy or oversized Products, etc., the delivery method may be separately specified by the Company (e.g., delivery in a car). Upon receipt of the Product, the customer shall affix a seal of receipt to the delivery slip of the delivery company.
If we are unable to confirm the customer's nameplate, etc., we may not be able to deliver the Product.
When the Product is delivered at a location other than the location registered or designated by the customer, the identity of the recipient may be verified by presenting a driver's license, health insurance card, passport, etc. (In such cases, the driver's license, health insurance card, passport, etc. may be required to be presented. (In such cases, the address, name, registration number, etc., as shown on the driver's license, health insurance card, passport, etc., will be taken down.)
Article 7.
If the customer refuses to accept receipt of the Product or is unable to deliver the Product to the delivery address for any other reason on the customer's side (including cases where the customer is not at home), the Company shall deem the purchase agreement for the Product to have been cancelled as a matter of course. In such a case, the customer shall be required to pay the amount equivalent to the Product and any other damages incurred by the Company. However, this shall not apply to cases in which the Company has approved a different handling in light of the nature, type, quantity, delivery system, etc. of the Product.
Article 8 (Inspection of Products)
You shall inspect the Products within three (3) days of receipt to confirm the name, type, and quantity of the Products, and to determine whether there is any damage, deformation, defect, or nonconformity, and shall notify us of any rejected Products within the said period to the contact listed on our website.
If you do not notify us within the said period, we may deem that the Product has passed your inspection.
Article 9 (Measures in the Event of Rejection)
If all or part of the Product fails to pass inspection as described in the preceding Article, and if we confirm the Product and determine that the defect is clearly attributable solely to us, we shall promptly deliver a replacement Product (or re-provide the replacement Product in the case of service) or, in accordance with your instructions, refund the price of such failed portion of the Product. (2) In the event that the Company determines that a defect is attributable solely to the Company, the Company shall promptly deliver substitute goods (or re-provide such goods in the case of services) or refund the price for the defective portion of such Product in accordance with the Customer's instructions.
Article 10 (Exemption from Force Majeure)
In the event of delay or failure of delivery of the Goods due to an act of God (including, but not limited to, earthquakes, floods, and fires), amendment or abolition of laws and regulations, dispositions based on the exercise of public authority, transportation problems, labor disputes, or other unavoidable circumstances, the Company shall notify the Customer within a reasonable period of time corresponding to such circumstances. In this case, the Company shall notify the customer within a reasonable period of time according to the circumstances. We shall not be liable for any damages or expenses incurred by the customer as a result of such delay or failure.
Article 11 (Overpayment)
If, for reasons attributable to the Company, the Company delivers a quantity of the Product that is greater than the quantity ordered, the Customer shall contact the Inquiry Desk and promptly return the Product to the address provided by the Inquiry Desk. In such a case, the Company will bear the shipping costs.
Article 12 (Handling of Returned or Exchanged Products)
No product will be returned or exchanged (hereinafter referred to as “return, etc.”) after the inspection period stipulated in Article 8 has passed, regardless of the reason.
Article 13 (Obligations Concerning Usage of Products, etc.)
With respect to the use of the Products, you shall place an order based on the following items. If you or a third party uses the Product in violation of any of the following assumptions, the Company shall not be liable for any damages incurred by you or the third party as a result of the use of the Product.
(1) Use of Custom Motorcycles and Custom Parts
Custom bikes are designed for design enjoyment.
Since the stock vehicle is disassembled and different parts are added, machining, drilling, and welding are done to make it fit the stock vehicle. Minor scratches and abrasions are derived during the machining process. The additional parts are not genuine parts. Colors may vary slightly, and there may be slight gaps where they fit together.
All GANESHA products are custom car or custom parts products and are different from mass-produced products of aftermarket manufacturers. Some modifications may be required for installation.
Also, GANESHA does not have the same maintenance and after-sales service system as commercial manufacturers. Please understand that we are unable to provide the same service as commercial manufacturers. (e.g., providing an alternative vehicle, obtaining a Class 2 moped license plate, etc.)
Since this is not a mass-produced product, some parts may be provided by combining commercial parts, and specifications of some parts may be changed without prior notice.
Some parts have been changed from catalogs and pictures to comply with safety standards according to the country.
Installation and use of custom parts are at the buyer's own risk. Scratches or damage caused during installation or use are not covered by warranty under any circumstances.
Adding custom parts may cause the bike manufacturer's warranty to be voided.
Adding custom parts may change the balance and aerodynamic drag and affect riding performance, any effects of which are not covered by warranty.
Adding larger size tires will also vary fuel economy, acceleration, etc.
If you require the same performance, paint condition, and balance as a production vehicle, we do not recommend a custom vehicle. Please choose a stock car.
Article 14 (Product Warranty)
If, within three (3) days of receipt of the Product, an initial defect (“Initial Defect”) is found due to a reason attributable to the Company, the Company shall repair or replace the Product (“Warranty”), provided that the Company receives written notice of such defect with details satisfactory to the Company. In such a case, the Company may request the manufacturer of the Product in question to repair the Product. This Warranty does not apply to custom-ordered Products.
If the manufacturer of the Product has a warranty for the Product, the Company may apply the manufacturer's warranty for the Product.
The following items are not covered by this warranty even if the Product is still within the warranty period
(1) Defects caused by use for purposes other than those for which the product was originally intended.
(2) Defects caused by use of the Product in aerospace equipment, nuclear equipment, weapons, arms, or other military applications
(3) Defects due to carelessness or errors in handling by the customer
(4) Defects caused by natural disasters (including but not limited to earthquakes, fire, and floods)
(5) Defects caused by use not in accordance with the standards, applications, precautions, conditions of use, drawings, and other items related to the Product as described in our catalog, as well as descriptions and other indications in the accompanying documents for the Product (including accessories)
(6) Defects caused by processing, repair, modification, or disassembly by the customer
(7) Malfunctions caused by other equipment
(8) Defects caused by inexperienced or unexpected purposes or methods of use
(9) Defects caused by the customer's use of the product contrary to the provisions of these Terms of Use
(10) Defects discovered or caused after the resale of the Product by the customer to a third party
(11) Other cases in which the Company's catalog states that the Company does not approve repair or replacement.
Any repair or replacement not covered by this warranty will be at cost and will require payment of an amount separately determined by the Company.
In addition, regardless of the change, if the specifications are changed within 3 days of receipt of the product, the product will be excluded from the initial defects from that point on.
Repair or replacement may not be possible depending on the nature, date of manufacture, or specifications of the Product.
Article 15 (Modification of Price, Specifications, etc.)
The Company may, without prior notice, revise or change the price, standards, specifications, shipping date, order unit quantity, etc. of the Product, or discontinue handling the Product (hereinafter referred to as “Revision, etc.”).
Such Revisions, etc. shall be notified by changing the contents of the Product's listing on the Site (including deletion due to discontinuation of handling) or by any other method at the Company's discretion.
If you place an order for a Product after such modification, etc., you shall be deemed to have accepted such modification, etc. However, the Company shall not make known to you any minor modifications or changes (including changes in appearance or packaging) that do not affect the standards or specifications described in the Company's catalog.
Article 16 (Payment)
Settlement of the purchase price, handling charges and consumption tax for the Products purchased shall be made by the method specified in the Company's catalog, and the Company reserves the right to change the payment method, payment terms, etc. specified by the customer for its own reasons.
Taxation
Taxation will be in accordance with the tax laws of each country.
VAT, consumption tax, and taxation at customs clearance, etc., shall be in accordance with the legal system of the recipient country.
Article 17 (Acceptance of Inquiries)
Inquiries from customers regarding transactions of the Products shall be accepted as indicated on the Company's website.
Products purchased from parallel imports, etc.
The Company will not respond to inquiries regarding defective products, scratches, or installation of products purchased from non-authorized retailers. The return and initial defects are not covered by this policy. Please contact the place of purchase.
Article 18 (Copyright)
Customers may not use or exploit any information provided through the Service in any manner other than that permitted by copyright law without the permission of the copyright holder.
Article 19 (Handling of Personal Information)
The contents of the “GANESHA Privacy Policy” shall apply to the personal information of Clients.
Article 20 (Prohibited Matters)
Clients shall not engage in any of the following acts when using the Service.
Any act that may interfere with the operation of the Services or otherwise impede the Services.
Actions to place an order using another person's name or a false name
Actions that cause or may cause trouble, disadvantage, or damage to other customers, third parties, or the Company.
Actions that infringe or may infringe the copyrights, intellectual property rights, privacy or other rights of other customers, third parties or the Company.
Unauthorized access to this site and falsification of information.
Transmitting or writing harmful computer viruses or programs on this site.
Acts that offend or may offend public order and morals, or acts that violate or may offend laws and regulations.
Transferring the contractual status of use of this service to a third party.
Other acts that the Company deems inappropriate.
Article 21 (Disclaimer by the Company)
The Company shall be solely responsible for the standards of the Products listed in the Company's catalog, and shall not guarantee the Products' fitness for any purpose, usefulness, compatibility or interchangeability with other products, etc., the duration of sales, or any other warranty.
We shall not be liable for any direct, indirect, consequential, incidental, or special damages or any other damages, losses, or disadvantages arising in connection with the Product or the Service, except for the liability of the manufacturer of the Product under the Product Liability Act when we are the manufacturer, etc. of the Product under the said Act.
The customer shall not have any right to claim compensation or indemnification from the Company in the event the customer violates any of the precautions for use. Any damages, etc. incurred by the customer as a result of this service shall be limited to the price of the Product that caused the relevant damage purchased by the customer.
Labor charges and time required for installation shall be borne by the purchaser and are not warranted for any reason.
Article 22 (Suspension or Discontinuance of Service)
The Company may suspend or discontinue the Service, in whole or in part, without prior notice or notification to the Customer, in the event of any of the following events
In the event of a natural disaster (including, but not limited to, earthquakes, floods, and fires), power outage, etc., or line failure of telecommunications carriers, etc., resulting in a failure or malfunction of the system or equipment for placing and receiving orders, etc.
(iii) When there is a risk that delivery of the Products may become difficult due to natural disasters (including, but not limited to, earthquakes, floods, and fires), enactment, revision, or abolition of laws and regulations, labor disputes, or other unavoidable circumstances.
When it is necessary to perform maintenance or servicing of the system or equipment for ordering and placing orders, etc.; or
When we deem it necessary for the operation of the Service in any other cases.
Article 23 (Disclaimer of Liability for Internet Service)
When you use the Site to browse information or receive services (hereinafter referred to as “Internet Service”), you shall use the Internet Service at your own responsibility in accordance with the individual precautions, rules, and laws and regulations stipulated for each individual service, in addition to these Terms of Use.
Although we strive to improve the quality of the information and services provided through the Internet Service, we cannot guarantee the safety, reliability, usefulness, purpose, currency, legality, morality, or freedom from computer viruses of the products, information, services, and other information provided through the Internet Service. The information provided in the Internet Service is not guaranteed to be safe, reliable, useful, purposeful, current, legal, ethical, or free from computer viruses.
Although we take every precaution to ensure the security of the information, you acknowledge that even in such cases, there is a risk of information leakage, etc., and that it is not always safe to use the Internet Service.
The Company shall not be liable for any damages arising from the use of this Internet Service (including, but not limited to, damages due to non-delivery of orders placed through this site), except in cases of willful misconduct or gross negligence on the part of the Company.
The Company shall not be liable for any failure caused by using this Internet Service in a manner other than normal use.
Article 24 (Revision of Terms of Use, etc.)
The Company may revise, change, or modify the Terms of Service (hereinafter referred to as “Revision, etc.”).
Upon revision of the Terms of Use, the Company shall publicize the contents of the revision, its effective date, and other necessary matters by posting them on the Company's website at least one day prior to the effective date of the revision.
Revisions to these Terms of Use shall be applied from the effective date specified at the time of notification.
Article 25 (Treatment at the Time of Partial Invalidation of Provisions or Exclusion from Agreement)
If any provision of these Terms of Use is invalid or excluded from agreement under applicable law, such as statutes, orders, or regulations, such provision shall be deemed amended or deleted only to the extent necessary to comply with the applicable law. The other provisions of these Terms of Use shall remain in full force and effect.
article 26 (negotiated settlement)
Any matter not provided for in these Terms of Use shall be handled upon consultation with the customer, in light of the purpose of these Terms of Use.
Article 27 (Agreed Jurisdiction)
The Kanagawa District Court shall have exclusive jurisdiction over any and all disputes regarding the Product and the Service.
June 15, 2021
GANESHA
2089 Sugata-cho, Kanagawa-ku, Yokohama-shi, Kanagawa 221-0864
Yurinami Kamata
080-9642-3282
These terms and conditions govern the terms and conditions of use of the mail order service (hereinafter referred to as the “Service”) for products (hereinafter referred to as the “Products”) published in various product catalogs published by GANESHA (hereinafter referred to as the “Company”) and on the website operated by the Company (hereinafter referred to as the “Website”) (hereinafter referred to as the “Company Catalog”) and sold within Japan (hereinafter referred to as the “Products”). The Terms of Use stipulate the conditions of use of the mail order service (hereinafter referred to as the “Service”) for products (hereinafter referred to as the “Products”) listed in various product catalogs on our website (hereinafter referred to as the “Site”) and sold in Japan.
Article 1 (Application of these Terms of Use)
In using the Service, the Terms of Use shall apply equally to all customers who have completed the purchase procedures of the Company, except for those to which the Terms of Use do not naturally apply due to the nature of the Products.
By making a purchase, you agree to be bound by the Terms and Conditions.
In the event that the Company establishes separate terms and regulations for the Products or the Service, such terms and regulations shall take precedence over the Terms of Use.
If there is any conflict between a separate agreement, etc. between you and the Company (including cases where the terms and conditions are stated in your Order, etc.) and the provisions of these Terms of Use, these Terms of Use shall take precedence.
Article 2 (Contents of the Service)
You may purchase Products through the Service in accordance with the terms and conditions (including, but not limited to, standards, prices, delivery methods, and precautions for use) described in our catalog, subject to the provisions of these Terms of Service. However, due to the nature of the Products, the Company may exclude certain Products from the Service without prior notice or announcement in accordance with the Company's prescribed standards, or for the convenience of the manufacturer or the Company.
Customers may use the various services provided on the Site in accordance with these Terms of Use and the Terms of Use posted on the Site.
The Service shall be provided within Japan. However, this excludes cases in which the Company's catalog indicates areas where delivery is not possible. In countries other than Japan, if delivery is possible, we will provide the service after separately discussing various terms and conditions.
For orders for Products for which a quotation is required at the price shown in our catalog (hereinafter referred to as “Orders”), or for other Orders for which a quotation is required for our convenience, the price and shipment of the Products shall be determined by the quotation.
Article 3 (Method of Ordering the Product)
You may place an Order for Products by any of the following methods. However, the method of ordering may be limited depending on the type and quantity of the Product, such as custom-made products and other Products.
Ordering via the Internet: Please enter the necessary information on the shopping cart order screen of this site.
For details on how to use this site, please refer to our catalog and the relevant page of this site.
Your order will be considered valid when we receive your order in accordance with this Article. If the Company is unable to receive the data of your order due to a communication failure or any other reason, or if the required information to be included in your order is incomplete, your order shall be deemed not to have been validly placed. In such cases, the Company shall not be liable for the customer's inability to purchase the Products or for any damages arising in connection therewith.
A sales contract concerning an order for the Products from a customer shall be deemed to be formed when the Company receives the order in accordance with this Article. However, this shall not apply if the Company promptly rejects such order after receipt of the order. In such a case, we shall not be liable for any loss or damage arising from or in connection with your reliance on the conclusion of the sales contract. In the event that we deem it particularly necessary, we shall enter into a separate purchase agreement or modify the terms of sale.
In the event that the Company incurs costs in connection with a customer's request regarding an order, the Company may require the customer to bear such costs.
Article 4 (Change or Cancellation of Orders)
You may change or cancel your order (hereinafter referred to as “Cancellation, etc.”) from the time of order to within 3 days after receipt of the Products, provided that the Products have not been used, altered, or deformed by you.
Cancellation is possible after the order has been placed and the Product has been delivered and received.
Cancellation is not allowed until the order arrives at the customer's premises, as the delivery company will place the order and begin delivery operations after the order has been placed.
Upon receipt of the Product, the Product must be promptly returned to the address provided to us by our contact person. In such cases, the customer shall bear all costs associated with the return, including shipping, handling, and taxes.
Refunds will be paid within 5 business days after the product arrives at our company and its condition is confirmed.
Defective products will be handled within 3 days of receipt of the product if there are any deformities that may cause problems when the product is opened.
After the product has been installed in the vehicle, we will charge for any reason.
Article 5 (Shipping of Products)
The Company shall ship the Product to the customer based on the customer's order. However, the Company may set the shipment date on a case-by-case basis depending on the type and quantity of the Products ordered, the date and time of the order, and other factors.
The shipping date and the delivery date of the Product to the customer are different. When placing an order for the Products, the customer should refer to the estimated number of days required as stated on the Company's website before placing the order. Please note that the Products may not be delivered within the required delivery days by region due to weather conditions, traffic congestion, road construction, or other environmental reasons, the time of shipment of the Products (year-end and New Year holidays, summer vacation, mid-year and year-end gift-giving periods, etc.), or other reasons, and the Company shall not be liable to the customer in such cases.
Article 6 (Delivery of the Product)
Delivery of the Products shall be deemed to be completed when the Products are delivered to the delivery address registered by the Customer or specified by the Customer at the time of order (provided, however, that the Company may limit the delivery address that the Customer can specify). For heavy or oversized Products, etc., the delivery method may be separately specified by the Company (e.g., delivery in a car). Upon receipt of the Product, the customer shall affix a seal of receipt to the delivery slip of the delivery company.
If we are unable to confirm the customer's nameplate, etc., we may not be able to deliver the Product.
When the Product is delivered at a location other than the location registered or designated by the customer, the identity of the recipient may be verified by presenting a driver's license, health insurance card, passport, etc. (In such cases, the driver's license, health insurance card, passport, etc. may be required to be presented. (In such cases, the address, name, registration number, etc., as shown on the driver's license, health insurance card, passport, etc., will be taken down.)
Article 7.
If the customer refuses to accept receipt of the Product or is unable to deliver the Product to the delivery address for any other reason on the customer's side (including cases where the customer is not at home), the Company shall deem the purchase agreement for the Product to have been cancelled as a matter of course. In such a case, the customer shall be required to pay the amount equivalent to the Product and any other damages incurred by the Company. However, this shall not apply to cases in which the Company has approved a different handling in light of the nature, type, quantity, delivery system, etc. of the Product.
Article 8 (Inspection of Products)
You shall inspect the Products within three (3) days of receipt to confirm the name, type, and quantity of the Products, and to determine whether there is any damage, deformation, defect, or nonconformity, and shall notify us of any rejected Products within the said period to the contact listed on our website.
If you do not notify us within the said period, we may deem that the Product has passed your inspection.
Article 9 (Measures in the Event of Rejection)
If all or part of the Product fails to pass inspection as described in the preceding Article, and if we confirm the Product and determine that the defect is clearly attributable solely to us, we shall promptly deliver a replacement Product (or re-provide the replacement Product in the case of service) or, in accordance with your instructions, refund the price of such failed portion of the Product. (2) In the event that the Company determines that a defect is attributable solely to the Company, the Company shall promptly deliver substitute goods (or re-provide such goods in the case of services) or refund the price for the defective portion of such Product in accordance with the Customer's instructions.
Article 10 (Exemption from Force Majeure)
In the event of delay or failure of delivery of the Goods due to an act of God (including, but not limited to, earthquakes, floods, and fires), amendment or abolition of laws and regulations, dispositions based on the exercise of public authority, transportation problems, labor disputes, or other unavoidable circumstances, the Company shall notify the Customer within a reasonable period of time corresponding to such circumstances. In this case, the Company shall notify the customer within a reasonable period of time according to the circumstances. We shall not be liable for any damages or expenses incurred by the customer as a result of such delay or failure.
Article 11 (Overpayment)
If, for reasons attributable to the Company, the Company delivers a quantity of the Product that is greater than the quantity ordered, the Customer shall contact the Inquiry Desk and promptly return the Product to the address provided by the Inquiry Desk. In such a case, the Company will bear the shipping costs.
Article 12 (Handling of Returned or Exchanged Products)
No product will be returned or exchanged (hereinafter referred to as “return, etc.”) after the inspection period stipulated in Article 8 has passed, regardless of the reason.
Article 13 (Obligations Concerning Usage of Products, etc.)
With respect to the use of the Products, you shall place an order based on the following items. If you or a third party uses the Product in violation of any of the following assumptions, the Company shall not be liable for any damages incurred by you or the third party as a result of the use of the Product.
(1) Use of Custom Motorcycles and Custom Parts
Custom bikes are designed for design enjoyment.
Since the stock vehicle is disassembled and different parts are added, machining, drilling, and welding are done to make it fit the stock vehicle. Minor scratches and abrasions are derived during the machining process. The additional parts are not genuine parts. Colors may vary slightly, and there may be slight gaps where they fit together.
All GANESHA products are custom car or custom parts products and are different from mass-produced products of aftermarket manufacturers. Some modifications may be required for installation.
Also, GANESHA does not have the same maintenance and after-sales service system as commercial manufacturers. Please understand that we are unable to provide the same service as commercial manufacturers. (e.g., providing an alternative vehicle, obtaining a Class 2 moped license plate, etc.)
Since this is not a mass-produced product, some parts may be provided by combining commercial parts, and specifications of some parts may be changed without prior notice.
Some parts have been changed from catalogs and pictures to comply with safety standards according to the country.
Installation and use of custom parts are at the buyer's own risk. Scratches or damage caused during installation or use are not covered by warranty under any circumstances.
Adding custom parts may cause the bike manufacturer's warranty to be voided.
Adding custom parts may change the balance and aerodynamic drag and affect riding performance, any effects of which are not covered by warranty.
Adding larger size tires will also vary fuel economy, acceleration, etc.
If you require the same performance, paint condition, and balance as a production vehicle, we do not recommend a custom vehicle. Please choose a stock car.
Article 14 (Product Warranty)
If, within three (3) days of receipt of the Product, an initial defect (“Initial Defect”) is found due to a reason attributable to the Company, the Company shall repair or replace the Product (“Warranty”), provided that the Company receives written notice of such defect with details satisfactory to the Company. In such a case, the Company may request the manufacturer of the Product in question to repair the Product. This Warranty does not apply to custom-ordered Products.
If the manufacturer of the Product has a warranty for the Product, the Company may apply the manufacturer's warranty for the Product.
The following items are not covered by this warranty even if the Product is still within the warranty period
(1) Defects caused by use for purposes other than those for which the product was originally intended.
(2) Defects caused by use of the Product in aerospace equipment, nuclear equipment, weapons, arms, or other military applications
(3) Defects due to carelessness or errors in handling by the customer
(4) Defects caused by natural disasters (including but not limited to earthquakes, fire, and floods)
(5) Defects caused by use not in accordance with the standards, applications, precautions, conditions of use, drawings, and other items related to the Product as described in our catalog, as well as descriptions and other indications in the accompanying documents for the Product (including accessories)
(6) Defects caused by processing, repair, modification, or disassembly by the customer
(7) Malfunctions caused by other equipment
(8) Defects caused by inexperienced or unexpected purposes or methods of use
(9) Defects caused by the customer's use of the product contrary to the provisions of these Terms of Use
(10) Defects discovered or caused after the resale of the Product by the customer to a third party
(11) Other cases in which the Company's catalog states that the Company does not approve repair or replacement.
Any repair or replacement not covered by this warranty will be at cost and will require payment of an amount separately determined by the Company.
In addition, regardless of the change, if the specifications are changed within 3 days of receipt of the product, the product will be excluded from the initial defects from that point on.
Repair or replacement may not be possible depending on the nature, date of manufacture, or specifications of the Product.
Article 15 (Modification of Price, Specifications, etc.)
The Company may, without prior notice, revise or change the price, standards, specifications, shipping date, order unit quantity, etc. of the Product, or discontinue handling the Product (hereinafter referred to as “Revision, etc.”).
Such Revisions, etc. shall be notified by changing the contents of the Product's listing on the Site (including deletion due to discontinuation of handling) or by any other method at the Company's discretion.
If you place an order for a Product after such modification, etc., you shall be deemed to have accepted such modification, etc. However, the Company shall not make known to you any minor modifications or changes (including changes in appearance or packaging) that do not affect the standards or specifications described in the Company's catalog.
Article 16 (Payment)
Settlement of the purchase price, handling charges and consumption tax for the Products purchased shall be made by the method specified in the Company's catalog, and the Company reserves the right to change the payment method, payment terms, etc. specified by the customer for its own reasons.
Taxation
Taxation will be in accordance with the tax laws of each country.
VAT, consumption tax, and taxation at customs clearance, etc., shall be in accordance with the legal system of the recipient country.
Article 17 (Acceptance of Inquiries)
Inquiries from customers regarding transactions of the Products shall be accepted as indicated on the Company's website.
Products purchased from parallel imports, etc.
The Company will not respond to inquiries regarding defective products, scratches, or installation of products purchased from non-authorized retailers. The return and initial defects are not covered by this policy. Please contact the place of purchase.
Article 18 (Copyright)
Customers may not use or exploit any information provided through the Service in any manner other than that permitted by copyright law without the permission of the copyright holder.
Article 19 (Handling of Personal Information)
The contents of the “GANESHA Privacy Policy” shall apply to the personal information of Clients.
Article 20 (Prohibited Matters)
Clients shall not engage in any of the following acts when using the Service.
Any act that may interfere with the operation of the Services or otherwise impede the Services.
Actions to place an order using another person's name or a false name
Actions that cause or may cause trouble, disadvantage, or damage to other customers, third parties, or the Company.
Actions that infringe or may infringe the copyrights, intellectual property rights, privacy or other rights of other customers, third parties or the Company.
Unauthorized access to this site and falsification of information.
Transmitting or writing harmful computer viruses or programs on this site.
Acts that offend or may offend public order and morals, or acts that violate or may offend laws and regulations.
Transferring the contractual status of use of this service to a third party.
Other acts that the Company deems inappropriate.
Article 21 (Disclaimer by the Company)
The Company shall be solely responsible for the standards of the Products listed in the Company's catalog, and shall not guarantee the Products' fitness for any purpose, usefulness, compatibility or interchangeability with other products, etc., the duration of sales, or any other warranty.
We shall not be liable for any direct, indirect, consequential, incidental, or special damages or any other damages, losses, or disadvantages arising in connection with the Product or the Service, except for the liability of the manufacturer of the Product under the Product Liability Act when we are the manufacturer, etc. of the Product under the said Act.
The customer shall not have any right to claim compensation or indemnification from the Company in the event the customer violates any of the precautions for use. Any damages, etc. incurred by the customer as a result of this service shall be limited to the price of the Product that caused the relevant damage purchased by the customer.
Labor charges and time required for installation shall be borne by the purchaser and are not warranted for any reason.
Article 22 (Suspension or Discontinuance of Service)
The Company may suspend or discontinue the Service, in whole or in part, without prior notice or notification to the Customer, in the event of any of the following events
In the event of a natural disaster (including, but not limited to, earthquakes, floods, and fires), power outage, etc., or line failure of telecommunications carriers, etc., resulting in a failure or malfunction of the system or equipment for placing and receiving orders, etc.
(iii) When there is a risk that delivery of the Products may become difficult due to natural disasters (including, but not limited to, earthquakes, floods, and fires), enactment, revision, or abolition of laws and regulations, labor disputes, or other unavoidable circumstances.
When it is necessary to perform maintenance or servicing of the system or equipment for ordering and placing orders, etc.; or
When we deem it necessary for the operation of the Service in any other cases.
Article 23 (Disclaimer of Liability for Internet Service)
When you use the Site to browse information or receive services (hereinafter referred to as “Internet Service”), you shall use the Internet Service at your own responsibility in accordance with the individual precautions, rules, and laws and regulations stipulated for each individual service, in addition to these Terms of Use.
Although we strive to improve the quality of the information and services provided through the Internet Service, we cannot guarantee the safety, reliability, usefulness, purpose, currency, legality, morality, or freedom from computer viruses of the products, information, services, and other information provided through the Internet Service. The information provided in the Internet Service is not guaranteed to be safe, reliable, useful, purposeful, current, legal, ethical, or free from computer viruses.
Although we take every precaution to ensure the security of the information, you acknowledge that even in such cases, there is a risk of information leakage, etc., and that it is not always safe to use the Internet Service.
The Company shall not be liable for any damages arising from the use of this Internet Service (including, but not limited to, damages due to non-delivery of orders placed through this site), except in cases of willful misconduct or gross negligence on the part of the Company.
The Company shall not be liable for any failure caused by using this Internet Service in a manner other than normal use.
Article 24 (Revision of Terms of Use, etc.)
The Company may revise, change, or modify the Terms of Service (hereinafter referred to as “Revision, etc.”).
Upon revision of the Terms of Use, the Company shall publicize the contents of the revision, its effective date, and other necessary matters by posting them on the Company's website at least one day prior to the effective date of the revision.
Revisions to these Terms of Use shall be applied from the effective date specified at the time of notification.
Article 25 (Treatment at the Time of Partial Invalidation of Provisions or Exclusion from Agreement)
If any provision of these Terms of Use is invalid or excluded from agreement under applicable law, such as statutes, orders, or regulations, such provision shall be deemed amended or deleted only to the extent necessary to comply with the applicable law. The other provisions of these Terms of Use shall remain in full force and effect.
article 26 (negotiated settlement)
Any matter not provided for in these Terms of Use shall be handled upon consultation with the customer, in light of the purpose of these Terms of Use.
Article 27 (Agreed Jurisdiction)
The Kanagawa District Court shall have exclusive jurisdiction over any and all disputes regarding the Product and the Service.
June 15, 2021
GANESHA
2089 Sugata-cho, Kanagawa-ku, Yokohama-shi, Kanagawa 221-0864
Yurinami Kamata
080-9642-3282