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.
The Service shall be provided within Japan. However, this excludes cases in which the Company's catalog indicates areas where delivery is not possible. For countries outside of 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 ordering method 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 7 days after receipt of the Products, provided that the Products have not been used, altered, or deformed by you. In the event of cancellation after receipt of the Product, the Product shall be promptly returned to the Company's address as notified by the Inquiry Desk. In such a case, shipping costs shall be borne by the customer.
Refunds will be paid within 5 business days after the product arrives at our company and its condition is confirmed.
Due to the nature of the product, there may be scratches during assembly, scratches during shipping due to overseas delivery, scratches on screws and nipples, etc. We cannot provide replacement support, so we do not recommend this product for nervous people. Please do not purchase this product if you are looking for a flawless product with no scratches.
Article 5 (Shipping of the Product)
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, or due to the time of shipment of the Products (e.g., year-end and New Year holidays, summer vacation, mid-year and year-end gift-giving periods, etc.), and that 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 may 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 a case, the address, name, registration number, etc., as indicated on the driver's license, health insurance card, passport, etc., will be taken down.)
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 terminated 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 in cases where the Company has approved a different treatment 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.
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)
In the event that all or part of the Product fails to pass inspection as described in the preceding Article, if we confirm the Product and determine that the defect is clearly attributable solely to us, we will promptly deliver a substitute Product (or re-provide such Product in the case of service) or, in accordance with your instructions, refund the price of the rejected portion of the Product. (2) The Company shall refund the price for the rejected portion of the 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 according to the circumstances concerned. The Company shall notify the customer within a reasonable period of time in accordance with 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)
The Company will not accept returns or exchanges (hereinafter referred to as "returns, 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 from 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.
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 are provided by combining commercial parts, and specifications of some parts may be changed without prior notice.
Some parts have been changed from catalogs and photos to comply with Japanese safety standards.
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 under 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
(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 purchased Products shall be made by the method described in the Company's catalog, and the Company may, for its own reasons, change the payment method, payment terms, etc. specified by the customer.
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)
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 on 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 the Service shall be limited to the price of the Product that caused such damages purchased by the Customer.
Article 22 (Suspension or Discontinuance of the Service)
The Company may suspend or discontinue the Service, in whole or in part, without prior notice or notification to you, for any of the following reasons
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 systems 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)
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.
Revisions to the TOS 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)
Article 26 (Negotiated Settlement)
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