terms of service
These Terms of Use set out 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 catalogues 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 Catalogue") and sold within Japan. These Terms and Conditions set out the terms and conditions of use of the mail order service (hereinafter referred to as the "Service") for the products listed in the various product catalogues on our website (hereinafter referred to as the "Website") and sold in Japan (hereinafter referred to as the "Products").
Article 1 (Application of these Terms of Use)
In using the Service, these Terms of Use shall apply equally to all customers who have completed the purchase procedure with the Company, except for those to which they do not naturally apply due to the nature of the Products, and customers shall use the Service with a full understanding of the Company's catalogue and the descriptions in these Terms of Use.
In the event that the Company has established separate terms and conditions and regulations for the Products or the Services, such terms and conditions and regulations shall prevail.
If there is a conflict between a separate contract or other agreement between the Customer and the Company (including where contractual terms and conditions are stated in the Customer Order) and the provisions of these Terms of Use, these Terms of Use shall take precedence.
Article 2 (Contents of the Services)
Subject to the provisions of these Terms of Use, you may purchase the Products through the Services in accordance with the terms and conditions set out in our catalogue (including, but not limited to, standards, prices, delivery methods and precautions for use). 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 criteria or for the convenience of the manufacturer or the Company.
Customers may use the various services provided on the Website in accordance with these Terms of Use and the Terms and Conditions of Use posted on the Website.
The Service is available in Japan. However, this excludes areas where delivery is not possible as stated in our catalogue. In countries outside Japan, if delivery is possible, we will provide the service after discussing the various conditions separately.
The price and delivery of the Product shall be determined by the quotation for any application for the purchase of the Product for which a quotation is required at the price stated in our catalogue (hereinafter referred to as "Order") or for any other Order for which a quotation is required for our convenience.
Article 3 (Method of ordering the Product)
The Customer may place an Order in accordance with the methods set out below. However, the method of ordering may be limited depending on the type and quantity of custom-made or other Products.
Ordering via the Internet: You can enter the necessary information on the shopping cart order screen of the Website.
For details on how to use the Site, please refer to our catalogue and the relevant page on the Site.
Your order shall be deemed to have been validly placed 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, the order shall be deemed not to have been validly placed. In such a case, the Company shall not be liable for the Customer's inability to purchase the Product or for any damage arising in connection therewith.
The sales contract in relation to an order for the Products from the Customer shall be deemed to be concluded at the time when the Company receives the order in accordance with this Article. However, this shall not apply if we promptly reject such order after receipt of the order. In such a case, our company shall not be liable for any damage arising from or in connection with the customer's reliance on the conclusion of the sales contract. If our company particularly needs to do so, we shall conclude a separate purchase agreement or change the terms of sale.
If costs are incurred in connection with the customer's request for an order, the company shall be entitled to charge the customer for such costs.
Article 4 (Change or cancellation of orders)
Changes to or cancellation of an order ("Cancellation") may only be made from the time of order up to 7 days after receipt of the Products, provided that the Products have not been used, processed or deformed by the Customer. In the event of a cancellation after receipt of the Product, the Product shall be promptly returned to the Company's address as indicated by the contact person. In this case, the shipping costs shall be borne by the customer.
Refunds will be paid within five working days after the Product arrives at the Company and its condition is confirmed.
Article 5 (Dispatch of the Product)
The Company shall dispatch the Products to the Customer based on the Customer's order. However, the Company may set a delivery date for each order depending on the type and quantity of the Products ordered, the date and time of the order and other factors.
The dispatch date and the date of delivery of the Product to the Customer are different. When ordering the Products, the customer should refer to the estimated number of days required as stated on the Company's website before placing an order. Please note that the Products may not be delivered within the required regional delivery time due to weather conditions, traffic congestion, road construction and other transport environmental reasons, the time of shipment of the Products (e.g. year-end and New Year holidays, summer holidays, mid-year and year-end gift periods) and other reasons, and that the Company shall not be liable to the Customer in such cases.
Article 6 (Delivery of the Goods)
Delivery of the Products shall be deemed to have been completed when the Products have been delivered to the delivery address registered by the Customer or specified by the Customer at the time of the order (however, the delivery address that can be specified may be limited by the Company). For heavy or oversized Products, the delivery method (e.g. on-board delivery) may be specified separately by the Company. Upon receipt of the Goods, the Customer shall affix a seal of receipt to the delivery slip of the delivery company.
If the Customer's nameplate, etc. cannot be confirmed, the Product may not be delivered.
When the Customer delivers the Product at a location other than the place registered or specified by the Customer, the identity of the recipient may be checked by presenting a driver's licence, health insurance card, passport, etc. (In such cases, the address, name, registration number, etc. on the driver's licence, health insurance card, passport, etc. will be taken down.)
Article 7 (Refusal to receive, etc.)
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 if the Customer is absent), the Company shall deem the purchase and sale contract 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 acknowledged that the Product is handled differently in light of the nature, type, quantity, delivery system, etc. of the Product.
Article 8 (Inspection of the Products)
The Customer shall, within three (3) days of receipt of the Product, confirm the name, type and quantity of the Product, and inspect the Product for damage, deformation, defects or non-conformity.
If the Company is not notified within the said period, the Product may be deemed to have passed the Customer's inspection.
Article 9 (Measures in case of rejection)
If all or part of the Product is rejected as a result of the inspection in accordance with the preceding Article, if we check the Product and determine that the defect is clearly attributable solely to us, we shall promptly deliver a replacement Product (or, in the case of services, re-provide such Product) or, in accordance with your instructions, refund the price of the rejected part of such Product. The Customer shall refund the price for the rejected part of such Product.
Article 10 (Exemption from force majeure)
In the event of a delay in or inability to deliver 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, transport troubles, labour disputes or other unavoidable circumstances, the Customer shall be notified within a reasonable period of time corresponding to such circumstances. The customer shall be notified within a reasonable period of time in accordance with the relevant circumstances. The Company shall not be liable for any damages or costs incurred by the Customer as a result of this.
Article 11 (Overpayments)
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 Contact Centre and promptly return the Product to the Company's address as notified by the Contact Centre. In such a case, the Company shall bear the shipping costs.
Article 12 (Handling of returned or exchanged goods)
No returns or exchanges (hereinafter referred to as 'returns etc.') after the inspection period stipulated in Article 8 has elapsed will be made for any reason whatsoever.
Article 13 (Obligations concerning the use of the Product, etc.)
The Customer shall order the Products on the basis of the following items with regard to the use of the Products, etc. If the Customer or any third party uses the Product contrary to the assumptions set out in the following items, the Company shall not be liable for any damage caused to the Customer or any third party as a result of the use of the Product.
(1) Use of custom bikes and custom parts.
Custom bikes are designed for design enjoyment.
The normal vehicle is disassembled and different parts are added, which are machined, drilled or welded to match the normal vehicle. Minor scratches and abrasions are derived during the machining process. The additional parts are not genuine parts. Colours may vary slightly and there may be slight gaps in the matching points.
All GANESHA products are custom vehicle or custom parts products and are different from mass-produced products from 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 the same service support as that provided by commercial manufacturers is not available. (e.g. provision of an alternative vehicle, acquisition of a moped license plate, etc.).
As this is not a mass-produced product, some parts are provided by combining after-market parts, and specifications may be changed for certain parts without notice.
Some parts have been changed from the catalogue and photographs to comply with Japanese safety standards.
Installation and use of custom parts is at the buyer's own risk. Scratches or damage caused during installation or use are not covered by the warranty under any circumstances.
The addition of custom parts may exclude the bike manufacturer's warranty.
Adding custom parts may change the balance and aerodynamic drag and affect riding performance, any effects of which are not covered by the warranty.
Fuel consumption, acceleration, etc. will also vary with the addition of larger tyres.
Custom vehicles are not recommended if you require the same performance, paintwork condition and balance as a production vehicle. Please choose a stock vehicle.
Article 14 (Product warranty)
The Company will repair or replace the Product (hereinafter referred to as the "Warranty") if the Product is found to be initially defective (hereinafter referred to as "Initial Defect") for reasons attributable to the Company within 3 days of receipt of the Product, on condition that the Company receives a written notification 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. Please note that this Warranty does not apply to custom-made Products.
The Company may apply the manufacturer's warranty for the Product if the manufacturer of the Product in question has a warranty for the Product.
This warranty does not apply even within the warranty period if any of the following applies.
(1) Defects due to use for applications other than the intended use, etc.
(2) Defects caused by use of the Product in aerospace and nuclear equipment, weapons, arms or other military applications.
(3) Malfunctions 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 relating to the Product as described in our catalogue, 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) Defects caused by other equipment, etc.
(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, etc. discovered or caused after the resale of the Product by the Customer to a third party
(11) Other cases where our catalogue stipulates that repair or replacement is not permitted by us.
Repairs or replacements not covered by this warranty will be charged for and require payment of a separate amount as determined by us.
If the specifications are changed within 3 days of receipt of the product, regardless of the change, the product will be excluded from the initial defects from that point onwards.
Repair or replacement may not be possible depending on the nature, date of manufacture or specifications of the Product.
Article 15 (Modification of prices, standards, etc.)
The Company may, without notice, amend or change the price, standards, specifications, shipping date, order unit quantity, etc. of the Product or discontinue handling the Product (hereinafter referred to as "Amendment, etc.").
Such Amendments, etc. shall be notified by changing the contents of the Product's listing on the Website (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 amendments, you shall be deemed to have accepted such amendments. However, the Company shall not make known to the Customer any minor modifications or changes (including changes in appearance and packaging) that do not affect the standards or specifications described in the Company's catalogue.
Article 16 (Payment)
Settlement of the purchase price, commission and consumption tax for the Products purchased shall be made by the method specified in the Company's catalogue, and the Company reserves the right to change the payment method, payment terms, etc. specified by the Customer for its own reasons.
Article 17 (Acceptance of enquiries)
Enquiries from customers regarding transactions of the Products shall be accepted on the Company's website.
Products purchased from parallel imports, etc.
The Company will not respond to enquiries about defective products, scratches or installation of products purchased from non-authorised retailers. Returns and initial defects are not covered. Please contact the place of purchase.
Article 18 (Copyright)
The Customer may not use or utilise any information provided through the Service other than in a manner 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 Customers.
Article 20 (Prohibitions)
Clients shall not perform any of the following acts when using the Services.
Acts that may interfere with the operation of the Services or otherwise impede the Services.
Acts of ordering using another person's name or a false name.
Actions that cause or may cause annoyance, disadvantage or damage to other customers, third parties or the Company.
Acts that infringe or may infringe the copyrights, other intellectual property rights, privacy or other rights of other customers, third parties or the Company.
Acts that illegally access this website and falsify information.
Acts of transmitting or writing harmful computer viruses or programmes on the Site.
Acts that offend public order and morals or violate or may offend laws and regulations.
Acts of transferring the contractual status resulting from the use of this service to a third party.
Other acts deemed inappropriate by the Company.
Article 21 (Disclaimer by the Company)
The Company shall only be responsible for the standards of the Products listed in the Company's catalogue and shall not guarantee the Products' fitness for purpose, usefulness, compatibility or interchangeability with other products, etc., the period of sale or any other guarantee.
The Company shall not be liable for any direct, indirect, consequential, incidental or special damage or any other damage, loss or disadvantage 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 the Company is the manufacturer, etc. of the Product under the said Act.
The Customer shall not have any right to claim compensation or indemnity from the Company in the event that the Customer violates the precautions for use. Any damages, etc. incurred by the Customer as a result of the Services shall be limited to the price of the Product that caused the relevant damage purchased by the Customer.
Article 22 (Interruption or suspension of the 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 failure, etc. or telecommunications carrier line failure, etc. that causes a failure or malfunction in the system or equipment for placing and receiving orders, etc.
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, amendment or abolition of laws and regulations, labour disputes or other unavoidable circumstances.
When it is necessary to carry out maintenance or servicing of the system or equipment for ordering and placing orders, etc.
When the Company deems it necessary for the operation of the Service in any other case.
Article 23 (Disclaimer of liability for internet services)
When you use the Site to browse information or receive services (hereinafter referred to as the "Internet Services"), you shall use the Internet Services at your own risk in accordance with these Terms of Use, individual precautions and rules stipulated for each individual service, and laws and regulations.
The Company endeavours to improve the quality of the information and services provided on the Internet Service, but the Company does not guarantee the safety, certainty, usefulness, purposefulness, currency, legality, morality or computer virus-free nature of the Products, information, services, etc. provided on the Internet Service. No guarantee is given as to the safety, certainty, usefulness, purpose, currency, legality, morality or freedom from computer viruses of the products, information and services provided on the Internet Service.
Although sufficient care has been taken to ensure the security of information leaks and the like, we recognise that even in such cases there is a risk that information leaks and the like may occur and that it is not always safe to do so.
The Company shall not be liable for any damage arising from the use of this Internet Service (including damage due to non-delivery of orders made through the Website), except in the case of intentional or gross negligence on the part of the Company.
The Company shall not be held liable for any failure caused by using this Internet Service in a manner other than normal use.
Article 24 (Amendments to the Terms and Conditions, etc.)
The Company may revise, change or amend these Terms of Use (hereinafter referred to as 'Revision etc.').
When amending the Terms of Use, the Company shall make the content of the amendment, the effective date and other necessary matters known to the public by posting the amendment on the Company's website at least one day before the effective date of the amendment.
Revisions to these Terms of Use shall apply from the effective date specified at the time of notification.
Article 25 (Treatment in the event of partial invalidity of provisions or exclusion from agreement)
If any provision of these Terms of Use is invalid or excluded from the agreement in accordance with applicable law, such as statutes, orders or regulations, the provision shall be deemed to have been 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 (Consultative settlement)
Matters not stipulated in these Terms of Use shall be dealt with in consultation with the Customer, taking into account the purpose of these Terms of Use.
Article 27 (Agreed Jurisdiction)
The Kanagawa District Court shall be the court of exclusive jurisdiction for all disputes relating to the Product and the Service.
15 June 2021
GANESHA
2089 Sugata-cho, Kanagawa-ku, Yokohama, Kanagawa 221-0864
Yurinami Kamata
080-9642-3282
Article 1 (Application of these Terms of Use)
In using the Service, these Terms of Use shall apply equally to all customers who have completed the purchase procedure with the Company, except for those to which they do not naturally apply due to the nature of the Products, and customers shall use the Service with a full understanding of the Company's catalogue and the descriptions in these Terms of Use.
In the event that the Company has established separate terms and conditions and regulations for the Products or the Services, such terms and conditions and regulations shall prevail.
If there is a conflict between a separate contract or other agreement between the Customer and the Company (including where contractual terms and conditions are stated in the Customer Order) and the provisions of these Terms of Use, these Terms of Use shall take precedence.
Article 2 (Contents of the Services)
Subject to the provisions of these Terms of Use, you may purchase the Products through the Services in accordance with the terms and conditions set out in our catalogue (including, but not limited to, standards, prices, delivery methods and precautions for use). 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 criteria or for the convenience of the manufacturer or the Company.
Customers may use the various services provided on the Website in accordance with these Terms of Use and the Terms and Conditions of Use posted on the Website.
The Service is available in Japan. However, this excludes areas where delivery is not possible as stated in our catalogue. In countries outside Japan, if delivery is possible, we will provide the service after discussing the various conditions separately.
The price and delivery of the Product shall be determined by the quotation for any application for the purchase of the Product for which a quotation is required at the price stated in our catalogue (hereinafter referred to as "Order") or for any other Order for which a quotation is required for our convenience.
Article 3 (Method of ordering the Product)
The Customer may place an Order in accordance with the methods set out below. However, the method of ordering may be limited depending on the type and quantity of custom-made or other Products.
Ordering via the Internet: You can enter the necessary information on the shopping cart order screen of the Website.
For details on how to use the Site, please refer to our catalogue and the relevant page on the Site.
Your order shall be deemed to have been validly placed 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, the order shall be deemed not to have been validly placed. In such a case, the Company shall not be liable for the Customer's inability to purchase the Product or for any damage arising in connection therewith.
The sales contract in relation to an order for the Products from the Customer shall be deemed to be concluded at the time when the Company receives the order in accordance with this Article. However, this shall not apply if we promptly reject such order after receipt of the order. In such a case, our company shall not be liable for any damage arising from or in connection with the customer's reliance on the conclusion of the sales contract. If our company particularly needs to do so, we shall conclude a separate purchase agreement or change the terms of sale.
If costs are incurred in connection with the customer's request for an order, the company shall be entitled to charge the customer for such costs.
Article 4 (Change or cancellation of orders)
Changes to or cancellation of an order ("Cancellation") may only be made from the time of order up to 7 days after receipt of the Products, provided that the Products have not been used, processed or deformed by the Customer. In the event of a cancellation after receipt of the Product, the Product shall be promptly returned to the Company's address as indicated by the contact person. In this case, the shipping costs shall be borne by the customer.
Refunds will be paid within five working days after the Product arrives at the Company and its condition is confirmed.
Article 5 (Dispatch of the Product)
The Company shall dispatch the Products to the Customer based on the Customer's order. However, the Company may set a delivery date for each order depending on the type and quantity of the Products ordered, the date and time of the order and other factors.
The dispatch date and the date of delivery of the Product to the Customer are different. When ordering the Products, the customer should refer to the estimated number of days required as stated on the Company's website before placing an order. Please note that the Products may not be delivered within the required regional delivery time due to weather conditions, traffic congestion, road construction and other transport environmental reasons, the time of shipment of the Products (e.g. year-end and New Year holidays, summer holidays, mid-year and year-end gift periods) and other reasons, and that the Company shall not be liable to the Customer in such cases.
Article 6 (Delivery of the Goods)
Delivery of the Products shall be deemed to have been completed when the Products have been delivered to the delivery address registered by the Customer or specified by the Customer at the time of the order (however, the delivery address that can be specified may be limited by the Company). For heavy or oversized Products, the delivery method (e.g. on-board delivery) may be specified separately by the Company. Upon receipt of the Goods, the Customer shall affix a seal of receipt to the delivery slip of the delivery company.
If the Customer's nameplate, etc. cannot be confirmed, the Product may not be delivered.
When the Customer delivers the Product at a location other than the place registered or specified by the Customer, the identity of the recipient may be checked by presenting a driver's licence, health insurance card, passport, etc. (In such cases, the address, name, registration number, etc. on the driver's licence, health insurance card, passport, etc. will be taken down.)
Article 7 (Refusal to receive, etc.)
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 if the Customer is absent), the Company shall deem the purchase and sale contract 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 acknowledged that the Product is handled differently in light of the nature, type, quantity, delivery system, etc. of the Product.
Article 8 (Inspection of the Products)
The Customer shall, within three (3) days of receipt of the Product, confirm the name, type and quantity of the Product, and inspect the Product for damage, deformation, defects or non-conformity.
If the Company is not notified within the said period, the Product may be deemed to have passed the Customer's inspection.
Article 9 (Measures in case of rejection)
If all or part of the Product is rejected as a result of the inspection in accordance with the preceding Article, if we check the Product and determine that the defect is clearly attributable solely to us, we shall promptly deliver a replacement Product (or, in the case of services, re-provide such Product) or, in accordance with your instructions, refund the price of the rejected part of such Product. The Customer shall refund the price for the rejected part of such Product.
Article 10 (Exemption from force majeure)
In the event of a delay in or inability to deliver 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, transport troubles, labour disputes or other unavoidable circumstances, the Customer shall be notified within a reasonable period of time corresponding to such circumstances. The customer shall be notified within a reasonable period of time in accordance with the relevant circumstances. The Company shall not be liable for any damages or costs incurred by the Customer as a result of this.
Article 11 (Overpayments)
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 Contact Centre and promptly return the Product to the Company's address as notified by the Contact Centre. In such a case, the Company shall bear the shipping costs.
Article 12 (Handling of returned or exchanged goods)
No returns or exchanges (hereinafter referred to as 'returns etc.') after the inspection period stipulated in Article 8 has elapsed will be made for any reason whatsoever.
Article 13 (Obligations concerning the use of the Product, etc.)
The Customer shall order the Products on the basis of the following items with regard to the use of the Products, etc. If the Customer or any third party uses the Product contrary to the assumptions set out in the following items, the Company shall not be liable for any damage caused to the Customer or any third party as a result of the use of the Product.
(1) Use of custom bikes and custom parts.
Custom bikes are designed for design enjoyment.
The normal vehicle is disassembled and different parts are added, which are machined, drilled or welded to match the normal vehicle. Minor scratches and abrasions are derived during the machining process. The additional parts are not genuine parts. Colours may vary slightly and there may be slight gaps in the matching points.
All GANESHA products are custom vehicle or custom parts products and are different from mass-produced products from 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 the same service support as that provided by commercial manufacturers is not available. (e.g. provision of an alternative vehicle, acquisition of a moped license plate, etc.).
As this is not a mass-produced product, some parts are provided by combining after-market parts, and specifications may be changed for certain parts without notice.
Some parts have been changed from the catalogue and photographs to comply with Japanese safety standards.
Installation and use of custom parts is at the buyer's own risk. Scratches or damage caused during installation or use are not covered by the warranty under any circumstances.
The addition of custom parts may exclude the bike manufacturer's warranty.
Adding custom parts may change the balance and aerodynamic drag and affect riding performance, any effects of which are not covered by the warranty.
Fuel consumption, acceleration, etc. will also vary with the addition of larger tyres.
Custom vehicles are not recommended if you require the same performance, paintwork condition and balance as a production vehicle. Please choose a stock vehicle.
Article 14 (Product warranty)
The Company will repair or replace the Product (hereinafter referred to as the "Warranty") if the Product is found to be initially defective (hereinafter referred to as "Initial Defect") for reasons attributable to the Company within 3 days of receipt of the Product, on condition that the Company receives a written notification 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. Please note that this Warranty does not apply to custom-made Products.
The Company may apply the manufacturer's warranty for the Product if the manufacturer of the Product in question has a warranty for the Product.
This warranty does not apply even within the warranty period if any of the following applies.
(1) Defects due to use for applications other than the intended use, etc.
(2) Defects caused by use of the Product in aerospace and nuclear equipment, weapons, arms or other military applications.
(3) Malfunctions 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 relating to the Product as described in our catalogue, 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) Defects caused by other equipment, etc.
(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, etc. discovered or caused after the resale of the Product by the Customer to a third party
(11) Other cases where our catalogue stipulates that repair or replacement is not permitted by us.
Repairs or replacements not covered by this warranty will be charged for and require payment of a separate amount as determined by us.
If the specifications are changed within 3 days of receipt of the product, regardless of the change, the product will be excluded from the initial defects from that point onwards.
Repair or replacement may not be possible depending on the nature, date of manufacture or specifications of the Product.
Article 15 (Modification of prices, standards, etc.)
The Company may, without notice, amend or change the price, standards, specifications, shipping date, order unit quantity, etc. of the Product or discontinue handling the Product (hereinafter referred to as "Amendment, etc.").
Such Amendments, etc. shall be notified by changing the contents of the Product's listing on the Website (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 amendments, you shall be deemed to have accepted such amendments. However, the Company shall not make known to the Customer any minor modifications or changes (including changes in appearance and packaging) that do not affect the standards or specifications described in the Company's catalogue.
Article 16 (Payment)
Settlement of the purchase price, commission and consumption tax for the Products purchased shall be made by the method specified in the Company's catalogue, and the Company reserves the right to change the payment method, payment terms, etc. specified by the Customer for its own reasons.
Article 17 (Acceptance of enquiries)
Enquiries from customers regarding transactions of the Products shall be accepted on the Company's website.
Products purchased from parallel imports, etc.
The Company will not respond to enquiries about defective products, scratches or installation of products purchased from non-authorised retailers. Returns and initial defects are not covered. Please contact the place of purchase.
Article 18 (Copyright)
The Customer may not use or utilise any information provided through the Service other than in a manner 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 Customers.
Article 20 (Prohibitions)
Clients shall not perform any of the following acts when using the Services.
Acts that may interfere with the operation of the Services or otherwise impede the Services.
Acts of ordering using another person's name or a false name.
Actions that cause or may cause annoyance, disadvantage or damage to other customers, third parties or the Company.
Acts that infringe or may infringe the copyrights, other intellectual property rights, privacy or other rights of other customers, third parties or the Company.
Acts that illegally access this website and falsify information.
Acts of transmitting or writing harmful computer viruses or programmes on the Site.
Acts that offend public order and morals or violate or may offend laws and regulations.
Acts of transferring the contractual status resulting from the use of this service to a third party.
Other acts deemed inappropriate by the Company.
Article 21 (Disclaimer by the Company)
The Company shall only be responsible for the standards of the Products listed in the Company's catalogue and shall not guarantee the Products' fitness for purpose, usefulness, compatibility or interchangeability with other products, etc., the period of sale or any other guarantee.
The Company shall not be liable for any direct, indirect, consequential, incidental or special damage or any other damage, loss or disadvantage 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 the Company is the manufacturer, etc. of the Product under the said Act.
The Customer shall not have any right to claim compensation or indemnity from the Company in the event that the Customer violates the precautions for use. Any damages, etc. incurred by the Customer as a result of the Services shall be limited to the price of the Product that caused the relevant damage purchased by the Customer.
Article 22 (Interruption or suspension of the 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 failure, etc. or telecommunications carrier line failure, etc. that causes a failure or malfunction in the system or equipment for placing and receiving orders, etc.
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, amendment or abolition of laws and regulations, labour disputes or other unavoidable circumstances.
When it is necessary to carry out maintenance or servicing of the system or equipment for ordering and placing orders, etc.
When the Company deems it necessary for the operation of the Service in any other case.
Article 23 (Disclaimer of liability for internet services)
When you use the Site to browse information or receive services (hereinafter referred to as the "Internet Services"), you shall use the Internet Services at your own risk in accordance with these Terms of Use, individual precautions and rules stipulated for each individual service, and laws and regulations.
The Company endeavours to improve the quality of the information and services provided on the Internet Service, but the Company does not guarantee the safety, certainty, usefulness, purposefulness, currency, legality, morality or computer virus-free nature of the Products, information, services, etc. provided on the Internet Service. No guarantee is given as to the safety, certainty, usefulness, purpose, currency, legality, morality or freedom from computer viruses of the products, information and services provided on the Internet Service.
Although sufficient care has been taken to ensure the security of information leaks and the like, we recognise that even in such cases there is a risk that information leaks and the like may occur and that it is not always safe to do so.
The Company shall not be liable for any damage arising from the use of this Internet Service (including damage due to non-delivery of orders made through the Website), except in the case of intentional or gross negligence on the part of the Company.
The Company shall not be held liable for any failure caused by using this Internet Service in a manner other than normal use.
Article 24 (Amendments to the Terms and Conditions, etc.)
The Company may revise, change or amend these Terms of Use (hereinafter referred to as 'Revision etc.').
When amending the Terms of Use, the Company shall make the content of the amendment, the effective date and other necessary matters known to the public by posting the amendment on the Company's website at least one day before the effective date of the amendment.
Revisions to these Terms of Use shall apply from the effective date specified at the time of notification.
Article 25 (Treatment in the event of partial invalidity of provisions or exclusion from agreement)
If any provision of these Terms of Use is invalid or excluded from the agreement in accordance with applicable law, such as statutes, orders or regulations, the provision shall be deemed to have been 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 (Consultative settlement)
Matters not stipulated in these Terms of Use shall be dealt with in consultation with the Customer, taking into account the purpose of these Terms of Use.
Article 27 (Agreed Jurisdiction)
The Kanagawa District Court shall be the court of exclusive jurisdiction for all disputes relating to the Product and the Service.
15 June 2021
GANESHA
2089 Sugata-cho, Kanagawa-ku, Yokohama, Kanagawa 221-0864
Yurinami Kamata
080-9642-3282