TERMS AND CONDITIONS
This website is managed by ELI SRL with registered office in Civitanova Marche (Macerata - Italy), Via Gobetti n. 118 (VAT No. 01941830430), share capital 200,000.00 Euros (hereinafter the “Manager”). Access to and use of this website and the products and services available on it are subject to the following terms, conditions and notices (hereinafter the “Terms and Conditions”). We reserve the right to suspend the access to or use of this website (www.enterprise-japan.com – hereinafter the “Website”) by the user while the user is browsing the Website (hereinafter the “Customer”) in the following cases: (a) we believe that the Customer has violated these Terms and Conditions, or (b) we deem it necessary to do so for reasons of security of the Website and the data entered therein. By using the Services, you agree to all Terms of Service, which may be updated by us from time to time. We encourage you to check this page regularly for any changes to the Terms and Conditions. If you continue to access and/or use this Website after you have been informed of such changes, your acceptance of the changes will be deemed implied.
PERSONAL ACCOUNT AND REGISTRATION TO THE NEWSLETTER
If the Customer decides to create an account on our Website (hereinafter the “Account”), registration will be free of charge.
Without an account, the Customer may not be able to access or use certain features or services offered on this Website.
The procedure for creating an account is as follows: click on the login button at the top right of the homepage, enter a valid email address and password. At this point, a verification email will be sent to the email address entered; click on the verification link received by email that will redirect directly to the site. The personal account will be created.
Following the registration on the Website, the Customer will receive an e-mail message at the address indicated during the registration process.
The Customer acknowledges and agrees that the credentials to access the Website are personal and must not be communicated or given to third parties and that he/she will be responsible for protecting the confidentiality of his/her access information and controlling access to his/her Account and computer.
The Customer responsible for all activity that occurs within his/her Account (including, but not limited to, any purchase of merchandise made through the Customer’s personal Account), unless the Customer informs us that the Account has been used by a third party without his/her consent.
The Customer shall notify the Company immediately in the event of unauthorized use of the Account or loss or theft of the Customer’s login credentials by sending us a written notice by email with a detailed explanation of the incident and a copy of his/her identification.
The Company assumes no liability for any loss or damage resulting from the Customer's failure to securely store his/her password or to notify the Company of unauthorized use, loss or theft of the password.
The Customer may cancel his/her account at any time by sending an email to the Company at the following e mail address: firstname.lastname@example.org. Upon receipt of this communication, any contractual relationship, except for purchase orders already sent before the request for cancellation, will be considered terminated and the Customer's username and password will be deleted.
TRADEMARKS AND DOMAIN - PROPER USE OF THE WEBSITE
All distinctive signs that distinguish the products sold on www.enterprise-japan.com and being on the Website are trademarks registered by their respective owners and are used within www.enterprise-japan.com for the sole purpose of distinguishing, describing and advertising the products for sale on www.enterprise-japan.com
Any use of these trademarks that does not comply with the law and, as unauthorized, is prohibited and punishable civilly and criminally. It is forbidden in any way to use these trademarks and any other distinctive sign on www.enterprise-japan.com to take unfair advantage of the distinctive character or reputation of these trademarks or in any way that could damage them and their owners.
The access, use and navigation of the Website are activities that may be freely conducted by Customers solely for personal use and in no way related to any commercial, business or professional activity and must always be in accordance with these Terms and Conditions and all applicable laws and regulations.
The Customer acknowledges and agrees that it may not, nor may it allow, assist or permit any third party to:
Copy, reproduce, publish, transmit, distribute, upload, publicly display, encode, translate, modify, or create derivative works from, sell, license, or otherwise distribute this Website or any Content, including but not limited to by mirroring, framing, or linking to any third party’s computer, server, or website;
Access or use this Website or any Content for any commercial purpose, including for any advertising or advertising revenue generating activity on any website, platform or other online space or medium, whether belonging to the Customer or to a third party;
Use any automatic or manual process to access, acquire, copy or monitor the Website or any Content or any portion thereof, and/or to reproduce in any way the structure or appearance of the Website or any Content, or to circumvent any copy-protection device, or to obtain or attempt to obtain any materials, documents or information made available on the Website, such as through the use of deep-links, page-scrapers, robots, spiders, or similar technologies;
Access or attempt to access any part, section or feature of the Website or any other system or network connected to the Website or any ELI S.R.L server that the Customer is not authorized to access, by resorting to hacking, password mining, or any other illegitimate technology or means;
Probe, scan, or test the vulnerability of the Website or any other computer or network connected to the Website;
Violate any protection, security, or authentication measures on the Website;
Perform reserve look-up operations, track or attempt to track any information regarding any other Customer or visitor to the Website or any other customer, or engage in any similar activity;
Exploit or use the Website and any Content or any service or information made available or offered by or through the Website for any unlawful purpose or for any purpose not permitted by these Terms and Conditions or to solicit the performance of any unlawful activity or any other activity that violates the rights of ELI S.r.l. or others;
Perform any act that imposes an unreasonable and disproportionately large load on the infrastructure of the Website or any system or network connected to the Website; and use any device, software, mechanism, or any other technology to interfere or attempt to interfere with the proper working of the Website or any transaction conducted on the Website, or with any other person's use of the Website.
We reserve the right to terminate or suspend access to or use of the Website, without prior notice, where (i) we reasonably believe that the Customer has violated the Terms and Conditions, or (ii) we reasonably believe that such action is necessary for security reasons.
LIMITS OF OUR LIABILITY
The Manager has taken appropriate technical and organizational measures to safeguard the security of its services, the integrity of traffic and electronic communication data from unauthorized use or unauthorized knowledge, and to avoid the risk of dispersal, destruction, and loss of data and confidential and non-confidential information relating to its Customers on www.enterprise-japan.com or unauthorized or unlawful access to such data and information.
To the fullest extent permitted by applicable law, we will not be liable to the Customer or any third party for any damage or loss arising from the use of the Website and/or the Content or any information contained therein, including but not limited to: (a) any loss or corruption of data, (b)loss or damage to Customer's technological, computer, hardware or software equipment, (c)any loss or damage that could not have been foreseen by Customer and/or us, or (d) any loss or damage suffered by Customer as a result of Customer's failure to take reasonable precautions against such loss or damage, such as by installing good anti-virus software.
We will not be liable for any consequential damages, whatever their cause, origin, nature or consequences, including but not limited to any costs incurred as a result of loss of business opportunity, loss of customers, loss of data or any other loss of intangible property arising out of the use of or inability to use the Website or from reliance on information made available, directly or indirectly, through the Website.
The Manager has taken every precaution to prevent the publication on the website of content describing or depicting scenes or situations of physical or psychological violence or such that, according to the sensitivity of the Customers of www.enterprise-japan.com may be considered harmful to civil beliefs, human rights and dignity of persons, in all its forms and expressions.
The Manager has also taken every useful precaution to ensure that the contents do not contain incorrect or outdated information, with respect to the date of their publication on the website and, as far as possible, even afterwards.
However, the Manager does not assume any responsibility towards Customers for the accuracy and completeness of the content published on the Website, without prejudice to its liability for fraud and gross negligence and unless otherwise provided by law.
Furthermore, the Manager cannot guarantee to the Customers that the Website will operate continuously, without interruptions and in the absence of errors or malfunctions due to the Internet connection.
If you have any complaints, please contact us by e-mail at the following address: email@example.com . We will try to resolve disputes promptly and in the best way possible.
INVALIDITY AND WAIVER
If any part of the Terms and Conditions is invalid, the effectiveness of any other part of the Terms and Conditions will not be affected and all other provisions will remain in full force and effect. To the extent possible, in the event that any provision or part of a provision can be deleted to make the remaining part valid, the provision shall be interpreted accordingly. Alternatively, you agree that the clause shall be adjusted and interpreted to reproduce as closely as possible its original meaning, to the extent permitted by law.
In case of breach of these Terms and Conditions, if we do not take any action, we will still be entitled to use our rights and remedies in any other case of breach of these Terms and Conditions.
GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be construed in accordance with the laws of Italy and in the event of any dispute or claim associated with these Terms and Conditions, such dispute or claim shall be subject to the exclusive jurisdiction of the courts of the consumer's/customer's place of residence. The General Terms and Conditions of Sale are governed by Italian law and in particular by the Legislative Decree No. 206 dated 6 September 2005, on the Consumer Code, with specific reference to the legislation on distance contracts and by the Legislative Decree No. 70 dated 9 April 2003 on certain aspects of electronic commerce.
OUT-OF-COURT SETTLEMENT OF DISPUTES
Given that the Company is always available to seek an amicable solution to any disputes that may arise, we inform you that, in accordance with Article 14 of EU Regulation No. 524/2013 and the resolution on ODRs ("Online Dispute Resolution") set out in Statutory Instrument No. 500/2015 in force since 15 February 2016, an online platform for the resolution of ODRs arising from the purchase of goods online has been established by the European Commission and is accessible at the following link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage
Through the ODR platform, it is possible to consult the list of ODR bodies, find the link of each of them and start an online dispute resolution procedure. More information on the platform is available at the following link: https://webgate.ec.europa.eu/odr/main/?event=main.about.show