Terms and Conditions

 

Name: Sakao Enterprise inc./ Entreprise Sakao inc.
Sales contact: Reina Sakao
Address: 1-9-2 suite 103 Honcho Nakano-ku, Tokyo Japan 164-0012
Telephone: +81-3-3372-2480
Fax +81-3372-4610
E-mail: contact@sakaoenterprise.com
Website: www.sakaoenterprise.com
Products:  Tea, Tea ceremony products
License/Qualification: None
Sales volume: The number of products limited. We contact the customers by telephone or by e-mail should the products are out of stock.

As the terms of this agreement may be modified at Sakao Enterprise’s sole discretion, without any obligation to notify, we advise that you check this page to confirm the changes. The acceptance by Sakao Enterprise of any order placed on the website is subject to your understanding and acceptance of all of the terms of this agreement.

<Definitions>
“Goods” means any good and/or services provided by the Company as ordered by the Client.
“Company” means The Miyabi, a division of Sakao Enterprise/Entreprise Sakao.
“Client” means the person, firm or company placing an order with the Company.

<Extra costs>
Shipping fee and bank transfer service charge are not included in the prices indicated on our website and the Client shall be responsible for the fee. Please consult the shipping fee information. (The fees vary depending on the destination countries.) Please also note that the Japanese tax is already included in the prices of each product on the website.

<Online shopping>
Within 24 hours after the receipt of an order form, the Company issues a final invoice including a shipping fee. Please make a payment by credit card, certified cheque or bank transfer within 7 business days from the date indicated on the invoice. The order with no payment after 7 business days will automatically be invalid.

<Quotations>
The prices, quantity and delivery time stated in any quotation are not binding on the Company. Prices of product on the website are subject to change at any time without notice. All products may not be available in all areas and product availability is subject to change at any time and the Company makes no representations of warranties regarding product availability. They are commercial estimates only which the Company will make reasonable efforts to achieve.
The Company sends the products within 7 business days after confirming the receipt of the payment should the products are in stock. However, the Company holds no responsibility in case of a delay due to a shipping company, weather or any other relating rules or issues in a destination countries.

<Copyright>
The Client acknowledges that the rights to the Goods are owned by the Company and that the Goods on the website are protected by Japanese copyright laws and all other applicable national laws.

<Payment>
The Client can make a payment by credit card (VISA, Master Card, American Express), certified cheque, or by bank transfer upon or within 7 business days from the receipt of a final invoice. Residents in Montreal can make a payment in cash.

– Residents in countries other than Japan can bank transfer to the following account:

– Residents in countries other than Japan and United States can bank transfer to the following account:

Name of the Bank: RBC Royal Bank

Address of the Bank: 300 Leo Pariseau suite 100, Montreal, Quebec, Canada H2X 4B3

Account Name: Reina Sakao/ Sakao Entreprise
Account Number: 100-586-7
Transit Number: 03631

Branch Number: 003

SWIFT code: ROYCCAT2

IBAN: CA 003 03631 1005867
*Please add a name of the Client

*Please note the following information for the transfers from United States:

 

Corresponding bank

Name of the bank: JP Morgan Chase New-York

ABA: 021-000-021

SWIFT CODE: CHASUS33

– Residents in Japan can bank transfer to the following account:
Name of the Bank
Branch Name
Account Name
Account Number
*Please add a name of the Client

– Residents in Montreal can pay in cash upon delivery of the products.

The Company reserves the right to increase a quoted fee in the event that the client requests a variation to the work agreed.

<Cancellation>
In view of the nature of the service, any payment – once confirmed by the Company- is not cancellable.

<Damaged or broken products>
The Company advises all the Clients to open and check the products immediately after the reception of the products for any damages or defects on the products. The Company commits to wrap each product and handle with care, however, should the product be broken, damaged, or a wrong product, the Client shall inform the Company right away to the following contact information for an exchange or a refund.

Telephone:+81-3-3372-2480 / Fax:+81-3-3372-2480 / Mail: contact@sakaoenterprise.com

The Company becomes responsible for the fees occurred in such a case.
The Company asks the Client to keep all wrapping, packaging materials, invoices and the damaged item, as they will be required to process the claim to a shipping company.

< Notice>
All written notices to be served on or given to the client shall be sent or delivered to the client’s principle place of business and shall be treated as having been given upon request.

<Shipping, Title and Risk of Loss >
The Company ships products by using EMS. The Company shall use its best endeavours to supply the services and materials within the quoted time (normally within a maximum of seven days from order or otherwise as agreed) but shall in no event be liable for any losses or damages caused by delay or non-delivery of products. The Client shall be responsible for all shipping charged. Title and risk of loss in products shall pass to a shipping company upon the Company’s delivery to the carrier at the shipping point. Should there be late arrival products or damaged/broken products, please contact the Company immediately, the Company will send a replacement or a refund once the investigation is completed.

<Usage of the services and materials>
– Unless otherwise agreed in writing by the Company, the Client (and their clients) shall be entitled to use the services and materials provided as follows:

– All files of clients and business date records are for single use and for use within a period of not more than 6 months from date of delivery.

– The Client shall not otherwise be entitled to store or to pass on (whether to his/her client or other person) or make any other use of these services and materials.

– The Client shall bear responsibility for ensuring that all usage of information contained within any service as provided by Sakao Enterprise is in accordance with, and does not contravene, any Japanese laws, regulations or other trade customs and practices in each destination countries. The Company bears no liability for any omissions or faults in these respects.

<Confidentiality>
Both parties shall maintain strict confidence and shall not disclose to any third party any information or material relating to the other or the other’s business which comes into that party’s possession and shall not use such information and material without written permission by the other party. This provision shall not however, apply to information or material which is, or becomes public knowledge by means other than by breach by a party to this clause.

<Indemnification>
The Client agrees to indemnify, defend and hold harmless (including reasonable legal fees) the Company, its directors and employees from any action arising from your misuse of this website or breach of any provisions of the contract.

<Disclaimer>

TO THE FULLEST EXTENT POSSIBLE UNDER THE LAW, USE OF THIS WEBPAGE IS AT YOUR OWN RISK, AND THE COMPANY HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES (EXPRESS, IMPLIED OR STATUTORY) WITH REGARDS TO THE WEBPAGE AND YOUR PURCHASE OF ANY PRODUCTS HEREUNDER. THIS WEBPAGE IS PROVIDED “AS IS”, AND MAY CONTAIN ERRORS, INACCURACIES, VIRUSES OR BUGS, AND THIS WEBPAGE MAY NOT BE UP TO DATE, AND THEREFORE IS NOT TO BE RELIED UPON. SPECIFICALLY, THE COMPANY DOES NOT WARRANT THAT THE PRODUCT DESCRIPTION OR PRICING IS ACCURATE. THIS EXCLUSION APPLIES TO, BUT IS NOT LIMITED TO, WARRANTIES OF MERCHANTIBILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. SHOULD YOU CHOOSE TO DOWNLOAD ANY CONTENT FROM THIS WEBPAGE, YOU DO SO AT YOUR OWN RISK.

<Limitation of liability>
The Company shall not be liable for any claim arising out of the performance, non-performance, delay in delivery of or defect in the Goods nor for any special indirect, economic or consequential loss or damage howsoever arising or howsoever caused (including loss of profit or loss of revenue) whether from negligence or otherwise in connection with the supply, functioning or use of the Goods. Any liability of the Company shall in any event be limited to the licence fees paid by the Client in the year in which the event of default arises.

The Client shall fully indemnify the Company against any liability to third parties arising out of Client’s use of the Goods

<Force majeure>
The Company will not be liable to the Client for any loss or damage suffered by the Client as a direct result of the Company, its sub-contractors or the list-owner from whom the sample or other service or material is derived being unable to perform the Contract in the way agreed by reason of cause beyond its control including Act of God, accident, war, riot, lockout, strike, flood, fire, power failure, breakdown of plant or machinery, delay in transit, postal delay, or any other unexpected or exceptional cause or circumstance.

<Governing law>
These terms of Trading shall be subject to and constructed in accordance with the laws of Japan and the parties hereby submit to the exclusive jurisdiction of the Japanese court.

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