In the case of discrepancy between this translated English text and the original Japanese text of this terms of service, the original Japanese text shall prevail.
BROOK’S coffee Global Market terms of service
BROOK’S Co., Ltd. (henceforth “BROOK’S”, “we”, or “us”) sells products on BROOK’S coffee Global Market website to customers according to the conditions of this terms of service (henceforth “service”).
The person using this service (henceforth “user”) needs read and accept the terms described herein.
These terms apply only to the use of BROOK’S coffee Global Market.
(1) To use this service, users will be required to register according to the procedures we provide, and to make an account.
When creating an account, you will be required to enter personal information such as your name, address, telephone number and email address.
(2) After your account has been created, will issue your customer code.
(1) To purchase a product (henceforth “order”), sign into your account. Select a product and click “add to cart” button. Enter payment information such as your credit card number, and submit your order online.
(2) Orders are processed using the information submitted to BROOK’S (henceforth “order information”). Please make sure the details of your order information are correct. Please also note in advance that in case the order information is not accurate, unless there is any fault on our part, BROOK’S is not liable for responding to any of the user’s request.
(3) All prices, including shipping fees, are shown in Japanese Yen.
3. Establishment of sales contract
The sales contract between the user and BROOK’S becomes effective when BROOK’S sends an order confirmation email to the user.
However, when necessary, BROOK’S Customer Service Center (henceforth “customer center”) may send an email to the user to confirm the details of an order. In this case, regardless of what is stated above, the sales contract become effective when BROOK’S informs the user their order has been accepted by us.
(1) The payment method is separately specified by BROOK’S and it may differ depending on user’s country or region of residence.
(2) Each payment method can be accepted only in the name of the user him/herself.
(3) Note that we accept only lump sum payment when using credit card.
(4) All payments, including shipping, will be charged in Japanese Yen; for the exchange rate and other details, please refer to your card company, PayPal or Alipay.
Shipping charges will be displayed alongside each product depending on the country and area where they will be shipped to.
(1) The order will be delivered by shipping carriers specified by us.
(2) Depending on the products, for various reasons such as products being out of stock, there may be a delay in delivery, or a possibility of having to cancel your order. In this case, BROOK’S shall not be held liable for damages of any kind this may cause.
(3) BROOK’S will only ship the products to countries and areas it specifies.
(4) When a product has been sent back to BROOK’S due to the user’s long absence, or unknown address, return shipping and redelivery fees will be borne by the user. Note that in the case the ordered item has been returned to us after exceeding the storage period at your local post office, we will not refund the payment made for that particular item.
(5) For orders to certain country and region, there may be additional customs and/or import duties imposed. In this case, any additional charge is required to be paid by the recipient,who should pay directly to the delivery agent at the time of delivery. Custom duties, VATs and other commission fees may vary depending on country. For more details, please contact the customs authorities of the destination country or region.
7. Transfer of proprietary right
When the payment of a product and its shipping fees are completed, the right of property will be transferred from BROOK’S to the user.
8. Order change or cancellation
After the sales contract is established between the user and BROOK’S, we cannot accept any change or cancellation of the order.
9. Change of the delivered product
(1) Although we have taken all possible measures and checked the quality of our products, in case of any defect or damage during the delivery, please inform the customer support by email within 10 days after the arrival of the product.
(2) Please understand that we can not accept exchange of the product in the following situations.
1. The product has a flaw or is damaged by whatever reason not attributable to BROOK’S.
2. The defection of the product has been communicated to BROOK’S after 11 days from the arrival.
10. Return policy
When returning of the product is deemed necessary by the previous article, any extra charge will be paid by BROOK’S. We will contact the user separately with more details.
People whom are under the age of 18 should place an order after obtaining parents or legal guardian’s consent.
12. Change of registered information
(1) When there is an update or a change to the information provided to BROOK’S such as name, address, telephone number, mail address etc., the user should promptly revise them.
(2) Users are responsible for maintaining the security of their account and password.
(3) The user may not share the account or password with others. Users are fully responsible for all activities that occur under their account password.
13. Personal information
(1) BROOK’S may use the user’s personal information for the following purposes only.
1. Confirmation of the order, claim of a product or a price.
2. Confirmation of billing and payments.
3. Contact for inquiries and orders.
4. Information of products and services.*
5. Information of campaigns, questionnaires, monitor recruitments.*
6. Statistical information in a form that can not identify individuals.
* If these guidelines are unnecessary, user can contact and notice us at any time.
(1) BROK’S reserves the right to limit or reject any transaction, or to terminate contract when:
1. User registers or declares false information when ordering.
2. The payment can not be approved.
3. User makes unproper use of the customer code or password.
4. BROOK’S can not reach the user.
5. User does not reply to our enquiry.
6. User violates public order and morality, any law and ordinance, or is in any way related to a crime or there are any risks of any of the above.
7. User infringes copyright or other intellectual property right of BROOK’S or other third parties, slanders, defames, or is at a risk of doing any of the above.
8. BROOK’S judges that the order is for resale or its preparation.
9. BROOK’S judges that normal transaction would be difficult.
10. User interfers with operation of our services.
11. User violates any clause(s) of this term(s).
12. BROOK’S judges it as inappropriate.
(2) BROOK’S may postpone shipment until the above circumstances are all cleared.
(3) In case we take measures according to the above two clauses, we shall not be held liable to anyone for any damages or loss whatsoever arising from our actions.
15. Suspension and interruption of our services
(1) Under the below circumstances, BROOK’S may, without prior notice, suspend or interrupt any of its services. Under these circumstances, BROOK’S shall not be liable to the user or any third party for damages of any kind.
1. Due to force majeure such as natural calamity (fire, earthquake, flood, etc.), riots, terrorism, war, labour disputes, accidents, explosions, epidemics, or any other.
2. In case of an urgent maintenance resulting from a system failure.
3. In case of an internet system failure.
4. In any other circumstances that BROOK’S finds inevitable.
(2) BROOK’S cannot be held liable to the user or any third party for damages of any kind from using our service, other than damages related to the sales contract.
(1) We take extreme caution to provide accurate products information on our website, but due to human or other errors, the actual price of a product may not be the price shown on our Global Market website. In the unlikely event that this should happen, please not that we will contact you with the correct price, and give you the option of replacing your order with the correct price, or cancelling it.
(3) These Terms of Service shall be governed and construed in accordance with the laws of Japan.
(4) In the case a problem arises between the user and BROOK’S, both parties shall negotiate and try to solve the problem in good faith.
(5) Regardless of our previous clause, in case a settlement is not reached between the user and BROOK’S, the Tokyo District Court shall be the exclusive court of jurisdiction over any legal action or proceeding arising out of these terms.