Terms & Conditions
Welcome to KOKUYO’s website and online shop (the “KOKUYO Website”)!
KOKUYO Co.,Ltd. (“KOKUYO”) and its e-commerce partner, Lingble Pte. Ltd. (“Lingble,” and together with KOKUYO, “KOKUYO Online” or “we”) provide their services to you subject to the notices, terms, and conditions set forth in this agreement (the “Agreement”). The Agreement governs your use of the KOKUYO Website and KOKUYO Online’s services, applications, content and products (collectively, the “Site”). Accessing, browsing, or otherwise using the Site constitutes your agreement to follow and be bound by all the terms and conditions in the Agreement, so please read it carefully before proceeding. If you do not agree to the terms and conditions in the Agreement, you should not access or use the Site.
KOKUYO Online reserves the right to change the Site and the Agreement at any time without notice. You will be subject to the Agreement in force at the time that you use the Site. If any of the terms and conditions of the Agreement is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
Use of the Site
You represent and warrant that you are at least 18 years old or, if you are between the ages of 13 and 17, inclusive, you are visiting the Site under the supervision of a parent or guardian. Subject to the terms and conditions of this Agreement, KOKUYO Online hereby grants you a limited, revocable, non-transferable, and non-exclusive license to access and use the Site by displaying it on your Internet browser only for the purpose of shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by KOKUYO Online in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile, or otherwise exploit this Site or any portion of it unless expressly permitted by KOKUYO Online in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by KOKUYO Online in advance. KOKUYO Online reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, if your behavior gives justified reason to do so (including, without limitation, the case if you are in breach of applicable laws, the Agreement and other applicable contractual provisions, or KOKUYO Online’s guidelines and policies which are all accessible on the KOKUYO Website, and the case if KOKUYO Online believes that your conduct violates applicable laws or is harmful to KOKUYO Online’s interests).
You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes upon the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is incomplete, false, inaccurate or not your own; (c) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law or otherwise violate any city, state, national or international law or regulation, or that would fail to comply with accepted Internet protocol; (d) communicates, transmits or transfers (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of any applicable export control laws; or (e) attempts to interfere in any way with the Site’s or KOKUYO Online’s networks or network security, or attempts to use the Site’s service to gain unauthorized access to any other computer system or otherwise includes any bugs, viruses, worms, trap doors, Trojan horses, or other harmful code or properties. KOKUYO Online may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and KOKUYO Online has no obligation to investigate the authorization or source of any such access or use of the Site.
You will be solely responsible for all access to and use of this site by anyone using the password and identification originally assigned to you whether or not such access to and use of this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify KOKUYO Online of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.
Your order is an offer to KOKUYO to buy the product(s) in your order. When you place an order to purchase a product from KOKUYO, we will send you an e-mail confirming receipt of your order and containing the details of your order (the "Order Confirmation E-mail"). The Order Confirmation E-mail is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when we dispatch the product to you and send e-mail confirmation to you that we've dispatched the product to you (the "Dispatch Confirmation E-mail"). If your order is dispatched in more than one package, you may receive a separate Dispatch Confirmation E-mail for each package, and each Dispatch Confirmation E-mail and corresponding dispatch will conclude a separate contract of sale between you and KOKUYO for the product(s) specified in that Dispatch Confirmation E-mail.
Purchases on the Site
When you purchase on the Site you are entering into a contract with KOKUYO and not with Lingble. Lingble is acting as agent on behalf of KOKUYO, which is the principal. You are not purchasing the products from Lingble. Lingble is authorised by KOKUYO to conclude the contract on their behalf but Lingble is not a party to that contract and you are not purchasing the products from Lingble. If you are unhappy with the product or service you have received from KOKUYO, you should contact Lingble by e-mail to [email protected] and we will liaise with KOKUYO on your behalf to try and resolve the issue.
When you use certain payment methods on the Site, we may process the payment in a currency different from the one of your financial institution, bank, card or payment provider ("Payment Issuers"). As a result, your Payment Issuer may use their own exchange rate to debit the amount paid from your account and may also add a charge for foreign exchange or other transaction fees. Please note that those fees are not imposed by us or by the payment gateways we use and we have no control over your Payment Issuer. You agree and understand that any such charges and fees shall be borne by you and are not refundable by us. If you want to dispute such charges, please contact your Payment Issuer.
Limits on Purchases
In an effort to enhance your shopping experience and give as many customers as possible the opportunity to purchase KOKUYO’s merchandise, KOKUYO may place limits on purchases and does not authorize the purchase of commercial quantities of merchandise. KOKUYO also may, among other things, restrict orders placed by or under the same customer account, the same credit card and/or orders that use the same billing and/or shipping address or phone number. KOKUYO reserves the right to limit, cancel or prohibit orders that, in its judgment, appear to be placed in violation of this policy. KOKUYO further reserves the right to cease doing business with customers who violate this policy. KOKUYO Online may modify this policy at any time without prior notice. This policy applies to all purchases of KOKUYO’s merchandise, including, but not limited to, all purchases made at KOKUYO retail stores, sample sales, warehouse sales and through catalogs and websites, including the Site.
Reviews and Comments
Except as otherwise provided elsewhere in this Agreement or on the Site, anything that you submit or post to the Site and/or provide KOKUYO Online, including, without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as non-confidential and nonproprietary, and KOKUYO Online shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become the sole and exclusive property of KOKUYO Online and shall not be returned to you.
In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant KOKUYO Online the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments, and other Content that you post on this Site and that use of your reviews, comments, or other Content by KOKUYO Online will not infringe upon or violate the rights of any third party. You shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead KOKUYO Online or third parties as to the origin of any Submissions or Content. KOKUYO Online may, but shall not be obligated to remove or edit any Submissions (including comments or reviews) for any reason.
By uploading content such as photograph image files ("Member Content") on the Site, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, KOKUYO Online and its partners and affiliates, and their respective contractors, and the users of the Site an irrevocable, perpetual, non-exclusive, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publish, modify, publicly display, and distribute such content and to prepare derivative works of, or incorporate into other works, such Member Content. This license does not grant KOKUYO Online, its partners or affiliates, or their respective contractors, the right to sell any Member Content. Member Content is the sole responsibility of the person from which such Member Content originated. This means that you, and not KOKUYO Online, its partners or affiliates, or their respective contractors, are entirely responsible for all Member Content that you upload, post, e-mail, transmit or otherwise make available through the Site or otherwise.
Violations of system or network security may result in civil or criminal liability. KOKUYO Online investigates violations and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:
- Accessing data not intended for you or logging on to a Lingble, KOKUYO Co.,Ltd. server or account that you are not authorized to access
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt)
- Attempting to interfere or interfering with the operation of the Site, KOKUYO Online’s provision of services to any other visitors to the Site and KOKUYO Online’s hosting provider or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “e-mail bombing” or “crashing” the Site
- Forging any TCP/IP packet header or any part of the header information in any e-mail or transmission or posting to the Site
By visiting and using the Site, you acknowledge that you are not a national of, or resident within, any of the countries that are subject to trade embargo under these laws and regulations (currently, Cuba, Iran, North Korea, Sudan and Syria) or listed on any of the United States government’s lists of prohibited and restricted parties.
Product and Pricing Information
Although KOKUYO Online has made every effort to display products and their colors as accurately as possible, the displayed colors of the products depend upon the monitor of the user, and KOKUYO Online cannot guarantee that the user’s monitor will accurately portray the actual colors of the products. Products displayed may be out of stock or discontinued, and prices are subject to change and may vary depending on the location and the shipping address of the buyer.
While KOKUYO Online strives to provide accurate product and pricing information, pricing or typographical errors may occur. KOKUYO Online cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, KOKUYO Online shall have the right, at its sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is priced incorrectly, KOKUYO Online may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. If we contact you, we will give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you within 5 days, your order will be treated as cancelled. If you cancel and you have already paid for the products, you will receive a full refund within 10 business days of cancellation.
Please note that there may be certain orders that we are unable to accept and must cancel. KOKUYO Online reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verification or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order.
For a return to be valid you must follow the instructions and rules on the Information About Returns and follow all the steps therein. All returned items should be in their new and original condition as you received them: with tags, unused, unwashed and unworn. Returns must be initiated/requested within 14 days from the date of purchase and items shipped back must be received by KOKUYO no later than 30 days from the date of purchase (barring any customs-related delays upon return to us). KOKUYO reserves the right to reject returns that do not follow or meet the above requirements. Any costs incurred (including customs duties and taxes) as a result of a failure to follow the return instructions on the site, shall be deducted from the refund or credit amount. We will notify you once KOKUYO has accepted the return and proceed to process your refund, credit your account with Site credit. If your return is not accepted by KOKUYO, we will notify you of the reasons why it was rejected and arrange for reshipment back to you. We are not responsible for the cost of reshipment of rejected returns.
Please note that if you return an item, the taxes and import duties will be refunded to you if they were originally included in the purchase price. If they were not included then you will be responsible for reclaiming any taxes or duties directly from your local customs office or other taxing authority.
We normally initiate refunds within 1-2 business days from the moment a return is accepted, an order is cancelled, or any other reason requiring a refund. Refunds will be processed using the same payment method used by you for the purchase of products, unless we have expressly agreed, at our sole discretion, the use of a different means of payment method for the refund. Notwithstanding the foregoing, all refunds must be made to an account in the name of the original payment method account holder, regardless of payment method. Please note that it may take additional time (approximately 10 business days) for a refund to be reflected in your account and timing will depend on the payment gateways' billing cycle (for instance, your credit card processor's billing cycle) or your financial institution. If a refund is taking longer than 10 business days to reflect on your account after we have processed it on our system, please contact your payment method provider or financial institution.
Store credit refunds will be processed 1-2 business days from the moment a return is accepted, an order is cancelled, or any other reason requiring a store credit refund. Store credit will be reflected in your KOKUYO Online account soon after it is processed. All store credit refunds must be made to the same account used for the original purchase.
All text, graphics, photographs or other images, button icons, audio clips, and software (collectively, "Content"), belong exclusively to Lingble, KOKUYO or its content suppliers. The collection, arrangement, and assembly of all content on this Site (the "Compilation") belong exclusively to KOKUYO Online. All software used on this Site (the "software") is the property of Lingble or its Software suppliers.
The Content, the Compilation and the Software are all protected international copyright laws. Other logos, slogans, trade names or words are registered trademarks, trademarks, or service marks of Lingble, KOKUYO, their suppliers, or third parties. The use of any Lingble, KOKUYO trademark or service mark without their respective express written consent is strictly prohibited. You may not use any Lingble, KOKUYO trademark or service mark in connection with any non-KOKUYO Online product or service or in any way that is likely to cause confusion. You may not use Lingble’s, KOKUYO’s trademarks or service marks in any manner that disparages or discredits them. You may not use any of the Lingble, KOKUYO trademarks or service marks in meta tags without their respective prior explicit consent.
Customs, Duties and Taxes
You acknowledge and agree that you are solely responsible for any and all duties, import taxes, customs charges and brokerage fees. Even though we strive to include all relevant import taxes and duties in the final purchase price and ship to most countries on a DDP (Delivery Duty Paid) basis, there may be instances in which our original calculation of import taxes and duties is incorrect and you or the receiver of the shipment may have to pay the difference in cost to customs authorities if requested to do so. Similarly, customs and taxation authorities in countries where we do not ship to on a DDP basis may contact you or the receiver of the shipment directly to settle any import taxes and duties which they determine are due and payable upon import. Customs, duties, and taxes are non-refundable. If you refuse a shipment because of unexpected import fees, the cost of the original shipping, any brokerage/customs/duty/taxes, and any return shipping charges will not be refunded. You also acknowledge and agree that you are solely responsible for the provision of shipping information, including any amendments or additions made to shipping labels or documentation made through this website or otherwise. We will not be responsible or liable, directly or indirectly, under any circumstances for any delay, costs, loss or damage of any kind incurred or caused as a result of, or in connection with any misrepresentation, omission, mistake or error (whether fraudulent or unintentional) or any information you have provided or edited in this website for shipping and custom purposes. Any customs duties, taxes, penalties, storage charges or other expenses we incur as a result of the actions of customs or other governmental authorities or your failure and/or the receiver's failure to provide proper shipping information will be charged to you or the receiver of the shipment. In the event that we decide to charge the receiver and the receiver refuses to pay the incurred charges you agree to pay them to us together with our fee for the administration involved as well as any extra costs we will incur. Upon our first request you will provide a proper guarantee for any of the duties, taxes, penalties, storage charges or any other expenses set out in this condition.
For United States customers, we do not collect sales or use tax. For states imposing sales or use tax, your purchase may be subject to use tax unless it is specifically exempt from taxation. Many states require customers to file a sales/use tax return at the end of the year reporting all taxable purchases that were not taxed and to pay tax on those purchases. For more details, please contact your tax advisor or respective tax authorities.
Termination and Effect of Termination
If you are in breach of applicable laws, the Agreement and other applicable contractual provisions, or KOKUYO Online’s guidelines and policies which are all accessible on the KOKUYO Website, in addition to any other legal or equitable remedies, KOKUYO Online may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and KOKUYO Online shall, in addition to any other legal or equitable remedies, immediately revoke all password(s), and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
Disclaimer and Limitation of Liability
KOKUYO Online publishes information on the Site as a convenience to its visitors. While KOKUYO Online attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site at any time without notice. The products described on the Site may not be available in your region. KOKUYO Online does not claim that the information on the Site is appropriate to your jurisdiction or that the products described on the Site will be available for purchase in all jurisdictions.
You assume all responsibility and risk with respect to your use of the Site, which is provided “AS IS.”
KOKUYO ONLINE DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, CONDITIONS, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, FUNCTIONS AND SERVICES PROVIDED ON THE SITE, WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. KOKUYO ONLINE DOES NOT WARRANT THAT THE SITE OR ITS FUNCTION OR THE CONTENT AND MATERIALS OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. KOKUYO ONLINE MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
IN NO EVENT SHALL KOKUYO ONLINE, THEIR AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF KOKUYO ONLINE OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
KOKUYO WILL NOT BE HELD RESPONSIBLE FOR ANY DELAY OR FAILURE TO COMPLY WITH KOKUYO’S OBLIGATIONS UNDER THE AGREEMENT IF THE DELAY OR FAILURE ARISES FROM ANY CAUSE WHICH IS BEYOND KOKUYO ’S REASONABLE CONTROL.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KOKUYO ONLINE'S TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT FOR THE PRODUCTS ACTUALLY PAID BY YOU TO KOKUYO ONLINE DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO KOKUYO ONLINE'S LIABILITY.
The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights.
Nothing in these conditions limits or excludes KOKUYO ’s responsibility for fraudulent representations made by KOKUYO or for death or personal injury caused by KOKUYO ’s negligence or wilful misconduct.
You agree to defend, indemnify and hold Lingble, KOKUYO Co.,Ltd., and their respective directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with your use of the Site, your violation of the Agreement or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third-party claim that any information or materials you provide infringes any third-party proprietary right.
Any dispute, directly or indirectly, concerning the Agreement shall be subject to the exclusive jurisdiction of the Tokyo District Court of Japan.
The validity, interpretation, enforceability, and performance of this Agreement shall be exclusively governed by and construed in accordance with the laws of Japan without regards to conflict of laws principles.
The governing language of this Agreement is English. This Agreement has been originally drafted in English and shall be only interpreted in English. If you are reading this Agreement in a language other than English, you are reading a non-binding translation of the Agreement prepared only for your convenience. In the event of a conflict between any translation and the English version of this Agreement, the provisions of the English version shall prevail.
KOKUYO Online makes no warranties of any kind regarding any other websites to which you may be directed or hyperlinked from the Site. Hyperlinks are included solely for your convenience, and KOKUYO Online makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in any other websites. KOKUYO Online does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.
You agree that KOKUYO Online's remedy at law for any actual or threatened breach of this Agreement would be inadequate and that KOKUYO Online shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that KOKUYO Online may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.
No right or remedy of KOKUYO Online shall be exclusive of any other, whether at law or in equity, including, without limitation, damages injunctive relief, attorneys' fees and expenses.
No instance of waiver by KOKUYO Online of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future, or other waiver.