TERMS OF USE
Last updated: April 12th, 2021
1. SCOPE OF THE GENERAL TERMS OF USEThese general terms of use (hereinafter, "GTU") regulate the supply of fabric samples (hereinafter, "Product" or, in the plural, "Products"), ordered through the website http://ytmerchant.shop31.makeshop.jp/ (hereinafter, "Website").
These GTU apply only to orders made by subjects located in the European Union, who are NOT qualified as "consumers" pursuant to the EEC Directive April 5th, 1993 No. 13, and subsequent amendments and modifications (that is, any natural person who is acting outside his/her trade, business, craft, or profession).
The Products are provided to the customer (hereinafter, “Customer”) by Yagi Tsusho Limited (hereinafter “Yagi”), with registered office at 1-9, Kitahama 3-Chome, Chuo-Ku, Osaka 541-0041, Japan.
For any communication, information or other request concerning the Products or, more in general, the supply of Products, the Customer may contact Yagi at the contacts specified hereunder:
・e-mail: info-export@yagieurope.com
The latest version of the GTU will be published on the Website from time to time. Yagi strongly recommend the Customer carefully reading the GTU before submitting any Product order.
2. REGISTRATIONTo manage and submit Product orders, the Customer should register to the Website and create a dedicated account (hereinafter, “Account”).
The information and data provided by the Customer can be modified at any time through the dedicated area of the Account and will be processed according to the provisions of the Privacy and Cookie Policy, available on the Website.
The main characteristics of each Product, like name, fibre description, image, details concerning the width and weight of fabric, and other textile information, are described on the dedicated page of the Website.
Please consider that the representation of the Products, usually consisting of their photographic image, may not exactly correspond to the sample. Indeed, all the pictures shown on the Website are for illustration purpose only, and the representation of Products may present small colour variations from the sample, or other differences due only to the image capture mode, display technologies or other technical and informatic reasons. In any case, the pictures shown on the Website represent the Products in the most accurate way possible.
The Website and all its contents, features, and functionalities, including but not limited to all information, data, trademarks, logos, signs, software, text, tags, displays, drawings, images, graphics, photographs, video and audio, and the design, selection and arrangement thereof (hereinafter, “Contents”), are exclusive property of Yagi, or licensed to Yagi, and are protected by industrial and intellectual property rights.
The trademarks, as well as all the trademarks and, more generally, all the other signs, illustrations, images and logos found on the Website and, possibly, on the Products, and/or packaging, whether registered or not, are and shall remain exclusive property of Yagi, or they are licensed to Yagi. The reproduction, in whole or in part, modification, and the use of such trademarks, illustrations, images and logos, for whatever reason and on any support, are strictly forbidden.
In any case, is expressly forbidden for the Customer to use, including but not limited to download, store, reproduce, copy, modify, distribute, transfer, create derivative works of, publicly display, publicly perform, republish, the Contents of the Website and, in any case, use the Contents directly or indirectly in a way that violates Yagi's industrial and intellectual property rights.
After logging into the Account, the Customer may: (a) select the Products desired and add them to the cart; (b) provide Yagi with the relevant information and contact details of the express courier for shipment (among the others, DHL, FedEx, UPS etc.) (hereinafter, “Express Courier”) and then, submit the order to Yagi (hereinafter, "Order").
The Customer should submit an Order after having carefully read and accepted these GTU, the Privacy and Cookie Policy and all the information provided on the Website.
The Order shall be considered as a mere proposal and, at the receipt, Yagi will send the Customer an e-mail merely acknowledging that Yagi have received the Order. Please note that this does not mean that the Order has been accepted. The acceptance of the Order will take place as described below.
The Customer acknowledge that the Products offered by Yagi on the Website are limited in number and, therefore, the Customer is aware that Yagi shall need to check their availability at the time of Order.
There may be possibility that some products are unavailable due to some reasons such as production background, lack of stock and so on. However, in those circumstances, Yagi Tsusho Limited does not take any responsibility.
In any case, Yagi shall not be liable for any lack of Products stock.
Yagi will confirm the Order by sending the Customer an e-mail summarizing the information concerning the Products and the shipment details. Such communication, complete with the Order number, shall be considered as Yagi’s acceptance of the Customer’s Order (hereinafter, "Order Confirmation").
The Customer shall bear shipment costs only, the amount of which depends on the fees applied by the Express Courier from time to time. The payment of the Express Courier’s fees will be made by the Customer directly through the Express Courier Company.
7. SHIPPING AND DELIVERYYagi undertakes the sole obligation to provide the Products described in the Order Confirmation and to supply them to the Express Courier chosen by the Customer when placing the Order.
The Products will be shipped at the address indicated in the Order Confirmation exclusively by the Express Courier, at his own organisation and risk. Incoterms ICC 2020 FOB applies. The shipment service will be regulated entirely by the general terms and condition applied by the Express Courier from time to time, being expressly excluded any liability or involvement of Yagi with reference to the service at issue.
Any claim against Yagi concerning the shipment service, including but not limited to claims for contract liability, indemnities, compensation for damages, reimbursement of any amount, is expressly excluded.
These GTU regulate the supply to professionals of fabric samples completely free of charge - with the sole exception of shipment costs. Therefore, any right of withdrawal, as well as any right to repair or replacement of the fabric samples in favour of the Customer is expressly excluded. 9. INTENDED USE
The Products are intended as, must be considered, and are made available by Yagi exclusively as samples. The Customer shall not use or incorporate the Products or parts thereof in goods destinated to a further use.
10. SAFE BROWSINGYagi shall not be considered liable for any failure to browse the Website due to the Customer’s Internet connection problems.
Moreover, Yagi shall not be considered liable for any malfunctioning of the Website, nor for any loss or damage caused to the Customer by spam, viruses, malware or any other technological and informatic harmful material of third parties that may infect the Customer’s device (including but not limited to personal computer, laptop, tablet, and smartphone) when browsing and, more in general, the Customer’s informatic equipment, software and programs, and informatic data.
The Customer shall implement, at his own expenses and risk, informatic security measures to ensure safe browsing, including but not limited to antispam filtering methods, firewall, antivirus, and antimalware software and programs.
The supply of Products shall be governed by these General Terms of Use (GTU) and, to the extent not provided for therein, by the Italian Law expressly excluding, in any case, the application of the United Nations Convention on Contracts for the International Sale of Goods (Vienna, 1980).
All disputes or claims arising out of or in connection with these General Terms of Use (GTU) shall be referred to the exclusive jurisdiction of the Italian Court of Milan, being the exclusive place of jurisdiction.
12. MISCELLANEOUS
Should a single clause or provision of these General Terms of Use (GTU) turn, in whole or in part, invalid or ineffective, said clause or provision shall in no case invalidate the remaining clauses and provisions thereof.
Yagi Tsusho Limited