In addition, please note in advance that the following Terms and Conditions are subject to change without prior notice.
- ABOUT US & THE WEBSITE
- Hosokawa Micron Corporation / Material Business Division (“we”) is a manufacturing and sales division of our brand products for skincare and haircare (“Product(s)”) based in Japan. This Site is for only business-to-business transactions, and we aim to supply our Products with a distributor who can conduct all sales activities in the distributor’s country. If you have any inquiries, please contact us through dedicated contact form (“Contact Us Form”) set in this Site.
- While we endeavor to ensure that the information on this Site is correct, we do not warrant the accuracy and completeness of the material on this Site.
We may make changes to all material or information on this Site at any time without notice.
We may revise these Terms and Conditions at any time by updating this page. You are expected to check this page from time to time to take notice of any changes we make, because they are binding on you.
- All contents including images, wordings and illustrations, trademarks, logos, brand names and service marks on this Site are owned by Hosokawa Micron Corporation or the affiliated companies, or used based on license or other legitimate authorities.
It is prohibited to use or copy these contents without our prior written permission.
- PLACING YOUR ORDER
- If you have any interests in being our distributor of Products in your country, just contact us through the Contact Us Form set in each Product page. Only Contact Us Form filled in all requirements is subject to reply from us. All business negotiations between you and us shall be conducted by e-mail to leave communication contents as a record.
Based on the negotiations through communication by e-mail, we will send a proforma invoice to you. The individual sales contract between you and us shall only be formed both when:
(a) you signs and sends back the proforma invoice as a purchase order ("Order") by e-mail; and
(b) we notify by e-mail that we have received and accepted the Order.
We may require you to enter into a basic transaction contract prior to an individual sales contract.
We may choose not to accept your Order for any reason and we will not be liable to you or to anyone else in those circumstances.
We may be unable to process your Order if:
(a) the Product(s) ordered by you is(are) out of stock or discontinued; or
(b) our payment terms are not acceptable to you; or
(c) the Product(s) ordered by you does(do) not comply with the import regulation of your country; or
(d) the trade between you and us does not conformed to Export Trade Control Order; or
(e) the Product(s) ordered by you has(have) already been preferentially and exclusively engaged with other distributor of your country.
We will contact you to discuss if the above applies to your Order.
Note: We shall not accept any Order from China and Philippines in relation to the prior engagement. (as of October, 2019)
- PRICING & PAYMENT METHODS
- All Prices of Products on this Site are displayed at list price of Japanese market as reference prices. Distributor prices shall be quoted each time based on your inquiries.
The Product prices on this Site are liable to change at any time, but changes will not affect orders in respect of which we have already accepted Order.
Payment term is 100% advanced payment by T/T in JPY. We will only process and complete Order once the payment has been received in full. We shall not accept the payment by a check, credit/debit card or any other method. We will provide account details to you who agree the above payment term.
- INTELLECTUAL PROPERTY RIGHT
- We shall not be responsible to you for any infringement regarding to patent, trade mark, design, copyright or utility model of the contracted merchandises except for infringement of any Japanese intellectual property right.
- FORCE MAJEURE
- We shall not be liable for failure to perform the whole or any part of this Terms and Conditions and/or Individual Contract when such failure is due to causes which could not be foreseen at the time of concluding Individual Contract and are beyond the control of us, such as fire, flood, strikes, labor troubles or other industrial disturbances, inevitable accidents, war, embargoes, blockades, legal restrictions, riots or insurrections.
- You shall comply with applicable laws, regulations and standards concerning health, safety, environmental protection, labor, money laundering and exclusion of organized crime group, in particular in each of the countries where the Products are used or sold.
- If any portions or provisions hereof are declared unenforceable or invalid by court, tribunal or administrative decision, or any applicable law, the validity of any other portions or provisions of this Terms and Conditions shall not be thereby affected in any way whatsoever.
- GOVERNING LAW AND DISPUTE RESOLUTION
- 1. This Terms and Conditions as well as Individual Contracts shall be governed by and construed in accordance with the laws of Japan excluding United Nations Convention on Contracts for the International Sale of Goods as to all matters including validity, construction and performance.
2. All differences, disputes or controversies that may arise among you and us hereto, out of, in relation to or in connection with this Terms and Conditions shall be finally settled by arbitration to be held in Osaka, Japan administered by the Japan Commercial Arbitration Association and conducted in accordance with the Commercial Arbitration Rules of such association. The language of arbitration shall be English. The award rendered by the arbitrator(s) shall be final and binding upon you and us to such arbitration.