Purpose

These Terms and Conditions of Sale (T&CS) detail the rights and obligations of Kintsugi屋 (hereinafter referred to as the Seller) and their Customer.

Any sale made by the Seller implies the Customer’s acceptance without reserve of these T&CS. The Customer may not impose its own general terms of purchase upon the Seller.

“If any provision of these T&CS is determined invalid, the remaining provisions shall not be affected.” If the Seller does not exercise one of its rights under these T&CS at any time, this shall not deprive it from exercising any of its rights at a later time.

Orders

Each order must include the Customer’s full name, email, complete address (including shipping address) and phone number.

By placing an order on Kintsugi屋 website, the Customer confirms and accepts these T&CS. The Seller represented by its owner retains title to the products until the amount due is paid in full.
The Seller do reserve the right to subsequently refuse orders that lack the necessary guarantees of authenticity or fail to comply with the T&CS.

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Order confirmation

All items shown on the website are generally available. An order confirmation email will be sent by the Seller to the Customer to confirm the order.

However, there may be stock-outs in some specific cases even though the product can be ordered on the website. In such a case, the Customer will be refund within the 48 busimess hours following the order confirmation email.

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Dispatch

Products are dispatched from the Kintsugi屋 address in Tokyo, Japan

The default carrier is Japan Post. Postage is included in the price paid. Should the Customer request a different carrier, the additional costs involved must be paid in advance as per the email sent prior to dispatch.

Insurance based on the estimated costs of the items shipped is offered as an additional option. It is highly recommended to take it. Failing this, the Customer cannot be reimbursed for the item purchased if the package is lost or damaged. To get a refund, in case of insurance subscription, the Customer will need to provide the Seller with pictures showing the damaged package, the slip clearly showing the Customer contact details as well as pictures of the damaged item.

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Shipping

Orders will be shipped after payment in full has been received. Products will be delivered to the complete shipping address provided by the customer during the order confirmation process. The Seller cannot be held liable for non-delivery if there is an error or omission in the address provided. Shipping address can be changed until the order has been dispatched. After dispatch, changes of address will not be taken into account and the cost incurred will be paid by the Customer.

Delivery time will depend on the shipping Country. Any delay in delivery shall not be considered a breach of contract nor result in any compensation for damages, late penalty charges, or order cancellations.

The items is shipped at the Customer's risk from the moment the package is handed over to the carrier.​

The Seller delivers the goods to the Customer non-duty-paid. The buyer shall assume the costs (excluding postage which is paid) and risks of forwarding the goods, as well as any “duties” (this term including the responsibility and risks related to fulfilling customs formalities, as well as the payment of customs duties, taxes and other fees payable on imports in the destination country). Such “duties” must be borne by the Customer as well as all costs and risks incurred due to failure to clear the imported goods in due time.

Products are packaged according to current industry standards to ensure optimal protection during transport.

The Customer must check shipments upon arrival. If any product is missing or has been damaged during transport, the Customer must note all reservations on the delivery slip upon receipt. Furthermore, these reservations must be confirmed in writing within three working days of the delivery via registered letter with acknowledgement of receipt. The delivery slip may not be marked “subject to unpacking” or “subject to assembly”.

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Orders cancellation

Orders can be cancelled prior to dispatch at the customer’s request. However, the Seller cannot be held liable for cancellations received after an order has been dispatched. In such situation, refund of 80% of the paid amount will be refund within 14 business days after the product has been returned and received by the Seller in perfect condition. These shipping fees will be held by Customer. Should the product be damaged, there will be no refund.

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Non-conformity

Possible nuances in colors, shapes or sizes do not constitute a non-conformity. Imperfections of the surface or shape are indicative of hand-made creations.

As a consequence, the above will not be considered a breach of contract nor result in any compensation.

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Returns

Products may be returned due to non-conformities or apparent defects. This requires the Seller’s written approval and must be done within fourteen (14) days of receipt. The refund will be made within 30 days. On Demand repairs may not be returned.

The Seller will not accept any returned product without the apparent defects or non-conformities being established as described above. Should a return be agreed upon, the Seller is responsible for the costs associated with returning and redelivering the product.

Kintsugi屋 sells unique products which cannot be replaced, nor be subject to standard exchange. 

Any goods returned by the Customer that the Seller has not given prior approval for or that has not had any apparent defects or non-conformity established shall be borne by the Customer. No credit will be issued. In this case, the Customer will be responsible for the costs associated with the return.

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Warranty

All Kintsugi屋 restored products need to be used with caution, and properly maintained. No warranty is made for damage, loss, theft or wear.

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Prices

The prices of the goods sold are those in force on the day of the order. They are in JPY and include taxes. The Seller reserves the right to change its prices at any time. Nonetheless, the Seller will invoice the goods ordered at the prices listed on the order date.

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Payment terms

Boutique orders

- Pick up at workshop: Pick up date and time must occur within the 5 days following the order confirmation email date. It is possible to make an appointment for pick up beyond these 5 days. In such case, full payment is required.

Beyond 10 days after order confirmation email date and in absence of any payment received, the Seller will be entitled to cancel the order and put back the product in the boutique as available for sale without any sort of compensation.

- Shipping: payment must be paid in full prior to dispatch of the product or pick up at workshop. In absence of payment within 10 days from the order confirmation email date, the Seller will be entitled to cancel the order and put back the product in the boutique as available for sale without any sort of compensation.

Workshop packages

Payment of full amount of the workshop package is due before the very fist session scheduled by the Customer starts latest.

Cancellation of the workshop package order is possible prior to the very first session starts. Once the first session has started, the full amount is due, and there will be no refund.

Any no show to a session scheduled by the Customer remains due and will not be subject to any replacement, nor compensation.

Late arrival of the Customer to the workshop will not delay the end of the agreed time slot for that specific session.

A-la carte packages are subject to validity period

Kintsugi on demand

Once quotation sent by the Seller has been accepted by the Customer, 50% down payment of the total amount is due on the due date stated on the invoice

Restoration work will start only when the 2 following conditions are met:

- the 50% down payment has been received by Seller

- the project has been received at the Seller's workshop

The 50% remaining balance is due upon work completion, and before the Seller ships the project to Customer.

Cancellation of Kintsugi on-demand order is possible before the first 50% down payment is made. Should the project already been shipped to the workshop, the fee to re-send the project will be borne by the Customer.

Once the work has started, and whatever the reason, the order cannot be cancelled by the Customer and the down payment will not be refund. The work already done will not be undone, the project will remain as it is upon cancellation reception date, and the Seller will not be held liable for any modification or alteration made by the Seller to the project while restoring it. Should the Customer want the Seller to re-send the project, the fees associated will be borne by the Customer.

Late payments: if payment is not made by the due date stated on the invoice, the Customer will be lawfully subject to a late penalty, which the Seller may claim without any reminder. The penalty interest rate is 1% of total amount due per day. Late payments are also subject to a flat penalty of JPY7000 for recovery costs, which can be charged without prior notice. If the recovery costs incurred by the Seller exceed this amount, the Seller may claim additional compensation from the Customer upon presenting documentation.

After any default payments, all other payments will become immediately due. If there is a default of payment, the sale may be rightfully cancelled after forty-eight (48) hours have passed without effect, and the Seller may be entitled to damages. This cancellation will affect not only the order in question, but also all other previous unpaid orders, regardless of its delivery or payment status. Outstanding balances for any other deliveries or any other reasons will be immediately due, unless the Seller has opted to cancel the corresponding orders. The Customer must reimburse all recovery costs, including any legal or administrative fees.

The Seller retains ownership of the goods until payment is made in full, including any ancillary costs. Therefore, if the Customer experiences compulsory liquidation or restructuration, the Seller has the right to claim goods sold to the Customer that remain unpaid.​​​​

Miscellaneous

Intellectual property

The name Kintsugi屋 and all its branding, such as illustrations, pictures and logos remain the Seller’s exclusive property. Any total or partial reproduction, modification or use of the said name or any branding material for any purpose and in any format without the prior express Seller's written approval is strictly prohibited. Any suing fees will be borne by the author of the prohibited usage of branding materials - should the author be an individual or a company.

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Advertizing rights

The Seller reserves the right to mention its Customers’ names and pictures in communications and advertising (e.g. website, portfolio, etc.) to develop new business.

Should the Customer be in disagreement with it, he should send an email to contact@kintsugi-ya.com expressly mentioning it.

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Force Majeure

The Parties will be entirely released of their responsibilities if either Party fails to fulfil its obligations due to a case of Force Majeure.

The case of Force Majeure will suspend execution of the Contract, and the Parties will meet to discuss terms for continuing their business relations. If the case of Force Majeure lasts longer than one (1) month, the contract will automatically end, unless otherwise agreed upon by the Parties.

Force Majeure refers to unforeseeable circumstances.

The following cases are expressly considered Force Majeure for these T&CS: blockages, disruption/congestion of telecommunication networks; poor electric power supply; any blockages in transportation/the supply chain; epidemics; earthquakes; fires; inclement weather/storms/floods/water damage; legal or governmental restrictions on business regulations. The Seller shall not be held liable for any destruction in its workshop due to these above Force Majeure events. 

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Jurisdiction

Any dispute relating to the interpretation or execution of these T&CS is subject to Japanese law. If no amicable resolution is found, the dispute will be brought before the Ministry of Justice of Japan.

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