Terms & Conditions

Company name: モモザル合同会社 - Momozaru LLC Location : Osaka, Japan Contact us

1 - Acceptance of conditions

 The buyer acknowledges having read, at the time of placing the order, the special conditions of sale stated. He expressly declares to accept them without reserve. The present general conditions of sale govern the contractual relations between the company MOMOZARU and its customer. These general conditions of sale will prevail over all other conditions appearing in any other document, except preliminary exemption.Orders placed on the site, their conditions and their execution are governed by Japanese law. 

2 - Formation of the contract and orders


2-1 Conditions for placing an order

Any order supposes the adhesion without restriction nor reserve to the present general conditions of sale. The buyer declares to be at least 18 years old and to have the legal capacity or to be holder of a parental authorization allowing him to place an order on the site.   Momozaru delivers to the following countries: Australia, Austria, Belgium, Brazil, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Japan, Latvia, Lithuania, Luxembourg, Malta, Netherlands, New Zealand, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Switzerland, Sweden, United States (USA). Momozaru does not charge taxes during the transaction on the site, it is in some cases possible that you will be asked to pay customs fees when the product arrives in your country.After placing an order, the buyer will receive an automatic confirmation e-mail detailing the order. The buyer will be informed at each step of his order until the products are shipped (by e-mail, and by going to the Momozaru website > My account > Orders history). The sale will be considered as final only after the sending to the buyer of the confirmation of the order by the salesman and cashing by this one of the entirety of the price. 

2-2 Prices/rates

The prices of the goods sold are those in force on the day the order is taken. They are denominated in Euro (€) / US Dollar-USD ($) / GBP (£) excluding shipping costs. They will be increased by the transport costs applicable on the day of the order. Lhe price indicated in the e-mail confirming acceptance of the buyer's order is the final price. This price includes the price of the product(s) (including handling, packaging and preservation of the products), as well as the transport costs and possible charges.Momozaru reserves the right to modify its prices at any time. However, Momozaru commits itself to invoice the ordered goods at the prices indicated at the time of the registration of the order. 

2-3 Product characteristics

All the products on Momozaru are original Japanese versions. The products are intended to be sold on the Japanese market and respect the standards and legislation in force in Japan.The buyer can, prior to his order, take note on the site of the characteristics of the products he wishes to order. The seller reserves the right to modify the assortment of products according to the constraints of its suppliers. The photographs, graphics and descriptions of the products offered for sale are only indicative and do not commit the seller. Should a supplier modify a product or its graphic representation, this shall not engage the responsibility of the seller nor affect the validity of the sale. 

2-4 Restriction and availability

There is no restriction on the number of products that can be ordered, subject to availability. This rule does not apply to products in very limited quantities, where we reserve the right to limit the sale to one product per order.The site informs the buyer of the availability of the items sold on the information page of each item. If, for any reason, the articles are unavailable, the site will inform the buyer by e-mail as soon as possible. In case of permanent unavailability, the order will be cancelled.Order cancellations are possible if you notify us promptly and we see your message before we ship the items. Depending on the situation, the items ordered, and the order history of the buyer, it is possible that a solution is found on a case by case basis. 

3 - Payment

 The payment of the orders is made by PayPal (credit card, or directly via your PayPal account).The payment must be made at the time of the order. The collection of the total amount of the order will be made by the Seller at the time of the validation of the order. All orders are payable in Euro (€)/ US Dollar (USD $)/ GBP (£) subject to the payment method chosen by the buyer. The seller reserves the right to suspend or cancel any order and/or delivery, regardless of its nature and level of execution, in the event of non-payment of any sum due by the buyer or in the event of a payment incident. Momozaru reserves the right to ask for a photocopy of the identity card and proof of residence of the buyer for any payment by credit card.In the context of the fight against Internet fraud, the information relating to the buyer's order may be transmitted to any third party for verification. 

4 - Delivery and reception


4-1 General rules

Delivery is made to the place indicated by the buyer on the order form. The delivery time indicated during the registration of the order is given only as an indication and is not guaranteed. Consequently, any delay in the delivery of the products will not give rise to the allocation of damages to the benefit of the purchaser nor to the cancellation of the order.The risk of transport is borne entirely by the buyer. In the event of missing or damaged goods during transport, the buyer must formulate all necessary reservations on the order form upon receipt of the said goods. These reservations must be confirmed by one or more photographs. To view the characteristics of the above shipping methods, please visit shipping methods. 

4-2 Customs duties

More information on the delivery page   Any order placed on the Momozaru website may be subject to possible taxes and customs duties that are imposed when the package reaches its destination. These customs duties and taxes related to the delivery of an item are the responsibility of the buyer. To know the customs duties specific to each country, the seller advises the buyer to inquire with the competent authorities of his country. 

4-3 Quality or compliance issues

In case of delivery of a product that does not correspond to the order (damaged or not in conformity), the buyer must formulate his complaint within 7 days from the signature of the delivery note.Claims must include:- the buyer's contact information.- the order number.- the references of the product(s).- the reasons for the complaint (with supporting photos) The return of products must be done within seven working days from the attribution of a return number by Momozaru's Customer Service.Otherwise, the seller will not proceed to any exchange or refund of the products thus ordered.Any product to be exchanged or refunded must be returned to the seller in its original condition and packaging and include all the product and its accessories.The shipping costs are at the charge of the Buyer. Any risk related to the return of the product is the responsibility of the Buyer. If the above procedure is not followed and the time limits indicated are not respected, the buyer will not be able to make any claim for non-conformity or apparent defect of the products delivered, the products being then deemed to be in conformity and free of any apparent defect.   

5- Force majeure

 Momozaru's responsibility cannot be implemented if the non-execution or the delay in the execution of one of its obligations described in the present general sales conditions results from a case of force majeure. Will be considered as fortuitous event or force majeure all facts or circumstances irresistible, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which could not be prevented by the latter, despite all the efforts reasonably possible. The party affected by such circumstances shall notify the other within ten working days of the date on which it becomes aware of such circumstances. The two parties will then meet, within one month, except in the event of force majeure, to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued. If the case of force majeure lasts longer than three months, the present general conditions may be terminated by the injured party. Expressly, are considered as force majeure or fortuitous events: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning; the stoppage of telecommunication networks or difficulties specific to telecommunication networks external to the customers. 

6 - Responsibility

 Momozaru will not be held responsible for any indirect damage that could arise from the purchase of the products.Momozaru cannot be responsible for any loss of data or files. It is the buyer's responsibility to make all necessary backups.The total or partial impossibility to use the products, in particular because of an incompatibility of material, cannot engage the responsibility of the salesman nor give place to any compensation or refunding. 

7 - No partial validation

 If one or more stipulations of the present general conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will keep all their force and their scope.In case of dispute or claim, the consumer will address in priority to the seller to obtain an amicable solution. 

8 - Information Technology and Civil Liberties

 The information requested from the consumer is necessary for the processing of his order. They may be communicated to contractual partners of the seller involved in the execution of this order. The consumer can write to the seller to oppose such communication, or to exercise his rights of access, rectification with regard to the information concerning him and appearing in the files of the company Momozaru.