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Terms of Use

TERMS OF USE

Welcome to New York Nihonto Owners Club. We’re so glad you’ve open this page. We understand no one enjoys reading terms of use, however it is very important.

This contract sets out your legal rights, responsibilities and obligations when you access the use of the products and services available through the Website (collectively, the "Services") provided by New York Nihonto Owners Club. By using any of the Services (even just browsing our website), you’re agreeing to the Terms, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Use. If you don’t agree with the Terms, you may not use our Services.

 

PRIVACY POLICY

We know your personal information is important to you, so it’s important to us. Our Privacy Policy details how your information is used when you use our Services, and it’s also a part of our Terms, so please read it here.

 

ACCESS TO THE WEBSITE

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

 

  • LINKING TO OTHER WEBSITE

This Website may contain links to other websites (the "Linked Sites"), which are not operated by New York Nihonto Owners Club. New York Nihonto Owners Club has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

 

  • LINKING TO THIS WEBSITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

 

Disclaimer as to ownership of trademarks, images of personalities and third party copyright. Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with New York Nihonto Owners Club and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to New York Nihonto Owners Club.

 

PROHIBITIONS

 You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and New York Nihonto Owners Club will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

 

INTELLECTUAL PROPERTY, SOFTWARE AND CONTENT 

The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of New York Nihonto Owners Club or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by New York Nihonto Owners Club and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

 

TERMS OF SALES

By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.

In order to contract with New York Nihonto Owners Club you must be over 18 years of age and possess a valid credit, debit card issued by a bank acceptable to us, or bank check linking to your bank account. New York Nihonto Owners Club retains the right to refuse any request made by you. If your order is accepted we will inform you by email, for some cases, by phone. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card, or bank check used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.

 

  • OUR CONTRACT

When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.

 

  • PRICING AND AVAILABILITY

Whilst we try and ensure that all details, descriptions and prices which appear on the Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.

Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.

 

  • PAYMENT

c-1. Credit card and debit card payment

Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Your card will be debited upon authorization being received. The money received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the money paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.

c-2. Bank check and money order payment

Upon receiving your order we hold the goods you wish to purchase for 10 days. It is your responsibility to ensure that payment check or money order arrives within the period at the address provided, and there is sufficient balance in your bank account if mailing a check to us. If the check is invalid due to insufficient balance, closed account or any other reasons, and returned to us, it is your obligation to pay the bank’s returned-check fees. The money transferred upon the deposit of your check or money order shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the money paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.

 

DISCLAIMER OF LIABILITY

New York Nihonto Owners Club offers antique goods. Many of the goods are several hundred years old and hand-crafted. Any kind of damages, discoloration, rusting, or missing parts are not subject to claim for refund.

The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law New York Nihonto Owners Club and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect New York Nihonto Owners Club's liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

 

INDIMONIFICATION

 If New York Nihonto Owners Club gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend New York Nihonto Owners Club (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms or your account’s infringement of someone else’s rights.

We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.

 

VARIATION

 New York Nihonto Owners Club shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

 

INVALIDITY

If any part of the Terms of Use is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Use will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

 

COMPLAINS

 We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.

 

WAIVER

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

 

ENTIRE AGREEMENT

 The above Terms of Use constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and New York Nihonto Owners Club. Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by the owner of New York Nihonto Owners Club.

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