Terms of service
Using fermata store
These Terms of Service (the Terms) apply to transactions between fermata Inc. (the Company) and individual or corporate customers involving the sale of products and provision of services through the online shop fermata store (the Store).
By using the Store, you are deemed to agree to all conditions in these Terms. Please read them before using the Store. The Company may revise these Terms at its discretion. Revisions will be announced by updating the Store's pages or another method specified by the Company. Use of the Store after a revision constitutes agreement to the revised Terms.
Conditions of use
Product prices
Prices vary by product. Please check each product page.
Ordering
After choosing products, enter the information needed to place and deliver your order, including your delivery address and payment method, and register an account. Stock is reserved when we confirm that your order has been completed after you have entered the required customer, delivery, and payment information. Adding a product to your cart does not reserve stock.
When your order is complete, we send a confirmation email containing your submitted information and order details. Please ensure you can receive emails from tech@hellofermata.com. Subsequent communication will mainly be by email, but we may also contact you by telephone or post. We are not responsible for losses caused by your failure to receive our communications.
We may decline orders from customers with unpaid balances or a history of refusing deliveries. We do not accept orders from members of antisocial forces or persons associated with them.
Reservations
We do not accept requests to reserve or hold products.
Shipping
We ship within Japan and to the overseas destinations listed in our current shipping policy. Payment methods, delivery methods, and delivery times vary by product and destination. Please refer to our shipping policy for current destinations, shipping fees, and dispatch information.
Returns and exchanges
We accept returns at your request only if the product is unopened and you contact us within seven days of delivery. You are responsible for return shipping costs.
If products are missing, defective, or otherwise incorrect, contact us within seven days of delivery and we will arrange an exchange. We cover the associated shipping costs. If a replacement is unavailable, we will issue a refund instead.
If you choose simplified packaging, we cannot accept returns or exchanges due to damage to the packaging or similar reasons, as the product cannot be resold in that condition.
Please contact: fermata Inc., 3F, 7-2-8 Roppongi, Minato-ku, Tokyo, Japan. Email: info@hellofermata.com.
Payment methods
Credit cards, PayPal, and Paidy are accepted. Some methods may not be available for certain products or delivery methods. Any fees associated with the payment method are your responsibility. Please check the payment options displayed at checkout.
Cancellations
Once dispatch preparation has begun, we do not accept additions, changes, or cancellations. If delivery cannot be completed because of a prolonged absence or an unclear address, we may cancel the order at our discretion. Although we carefully manage product condition, we may also cancel an order if, for example, a pre-dispatch inspection finds a defect and no replacement is available.
Changes to an order
Contact us if you wish to change your payment method, delivery method, or other order details. Changes cannot be accepted if dispatch preparation has already begun when you contact us.
Customer information
We manage personal and order information entrusted to us in accordance with our privacy policy.
Prohibited conduct
If we determine that your conduct falls within any of the following categories, we may terminate our contract with you without notice or refuse further use of our services. We may also claim compensation for losses or take criminal proceedings in relation to criminal conduct:
- Impersonating another person or entering or submitting false order information
- Placing orders without intending to purchase, or repeatedly returning products
- Purchasing for commercial purposes, including resale
- Delaying or failing to fulfill payment or other obligations
- Obstructing normal delivery, including refusing delivery or causing returns through prolonged absence
- Interfering with the Company's normal business or the Store's services
- Infringing the rights of the Company or third parties, including intellectual property rights such as copyrights and trademarks
- Fraud, threats, extortion, coercion, violence, other criminal conduct, conduct contrary to public order and morals, or violations of law
- Making excessive demands beyond the services we provide
- Other conduct the Company considers inappropriate
Service interruptions
We are not liable for losses caused by partial or complete suspension of our services due to force majeure. This includes, without limitation, epidemics, natural disasters, war, terrorism, riots, changes to laws or regulations, government guidance or orders, power outages, communications failures, computer or network equipment failures, interruptions, delays, suspension or data loss associated with system maintenance, unauthorized access, failures or accidents involving contractors, warehouses, logistics or transport providers, labor disputes, or equipment accidents.
Governing law
These Terms are interpreted and applied in accordance with the laws of Japan.
Copyright
Text, images, illustrations, videos, audio, photographs, designs, data, and other content on the Store's website and app, in its email newsletters, and in publications it issues are protected by copyright or other applicable laws.
Limitation and exclusion of liability
Except in cases of the Store's intentional misconduct or gross negligence, the Company is not liable for damages, whether direct or indirect, arising from the use of its services, regardless of the basis of the claim.
Notwithstanding the preceding paragraph, the Store is not liable for business losses, lost profits, or indirect damages arising from its services.
For bodily injury caused by missing, defective, or otherwise faulty products, the Store is responsible, where attributable to the Store, to the extent provided by law.
Severability
If any provision of these Terms, or part of a provision, is held invalid or unenforceable under the Consumer Contract Act or other applicable law, the remaining provisions continue in effect.
Other provisions
The Tokyo District Court or Tokyo Summary Court has exclusive jurisdiction as the court of first instance over litigation concerning our services.
If the Company engages attorneys or other professionals because of non-payment or a violation of these Terms, the customer is also responsible for those professional fees.