GENERAL TERMS AND CONDITIONS OF SALE

Welcome to www.nhkstore.com (hereinafter the “Website”). These terms and conditions (the “General Terms and Conditions of Sale”) govern your use of, access to, and purchase of products from www.nhkstore.com.

By using the NHK store site, you agree to comply with and be bound by these general terms and conditions of sale.

If you do not agree to these general terms and conditions of sale, you may not use the NHK store Site to purchase products or services.

Your purchase of products or services shall be deemed acceptance of these Terms and Conditions of Sale.

The products purchased from the Website are sold directly by NHK Helmets.

ARTICLE 1) SUBJECT

1.1 These General Terms and Conditions of Sale concern the offer and sale of products and services from a remote position, by means of the website telematic network.

1.2 The seller reserves the right to amend these general terms and conditions of sale at any time, also in view of any potential changes to legislation.

The new general terms and conditions of sale shall take effect as from the date on which they are published on the website.

The general terms and conditions of sale include an effective date at the top of the page.

Please check back each time you make a purchase to ensure you have read the most recent general terms and conditions of sale.

ARTICLE 2) PARTIES

2.1 Seller: NHK Helmets

2.2 Client: the party identified from the data entered upon completing and sending the electronic order form, with simultaneous acceptance of these general terms and conditions of sale (hereinafter the “Client”).

Entry by the Client of false and/or invented and/or created names in the on-line order procedure and in further communication, is strictly prohibited.

The Seller reserves the right to take legal action to pursue any violation and abuse, in the interests of and to protect all consumers.

The client also relieves the seller of all liability deriving from the issue of incorrect tax documents due to errors relating to the data supplied by the client, as the client itself is the only party liable for correct entry.

2.3 Purchases made from the Website are for end consumer clients only and not available to traders, wholesalers, retailers, professionals, etc. intending to sell their products onto third parties. The term “consumer” is used to refer to any natural person acting on the Website for purposes not connected with their commercial, entrepreneurial or professional business (hereinafter the “Consumer”). Non-Consumer Clients are asked to abstain from implementing commercial transactions on the Website. The Seller in any case reserves the right not to process any orders placed by parties other than the Consumer or orders not in compliance with its commercial policy.

2.4 No license is given to the purchaser to use images of the products or the names of the products for resale purposes.

ARTICLE 3) ON-LINE SALES

3.1 An “on-line contract of purchase or sale” means the remote contract, i.e. the legal trade concerning the sale of movable assets, also including services, such as the cleaning/restoration service (hereinafter the “Products”) stipulated by the Seller and the client as part of a remote sales system organised by the Seller, which, for that contract, uses the remote communication technology referred to as the internet.

These contracts will therefore be stipulated directly by the client accessing the Website, where the Client stipulates the contract to buy the Product by filling in the electronic order form and sending it to the Seller, again telematically, following the relevant instructions. The Client can only purchase the Products offered on the website, at the price specified there, unless clearly erroneous, following the procedure indicated on the website.

When the Client places an order, at least the following information must be supplied: name, address, e-mail, delivery and billing address, telephone (and/or fax) number and any data relating to the means of payment used.

3.2 The Website has a technical data sheet available for each Product, containing their main characteristics and technical specifications.

The image provided with each technical sheet describing the Product may not be a perfect representation of its characteristics, colors and sizes may vary and the product may not include accessories, which are instead shown in the image.

Changes can be made at any time with no obligation by the seller to provide notice of such.

The seller refuses all liability for any imprecision relating to the product sheets, insofar as they are provided for information only.

3.3 The Seller will confirm correct receipt of order by e-mail, sent to the address provided by the Client.

The confirmation message provides the order date and details (essential Product characteristics, details of price, means of payment and shipping costs) as well as a “client order number” to be used in all communication with the seller.

3.4 Without prejudice to the provisions of the article below, the seller will send the client an e-mail confirming delivery when dispatching the product

This will also contain the tracking number to enable the client to track its progress.

ARTICLE 4) PRODUCT UNAVAILABILITY – RESERVATION

4.1 The temporary unavailability of products (or specific sizes, measurements, etc.) is specified on the website by not showing the products or the relevant sizes/measurements.

4.2 If Products ordered should become unavailable after confirmation of order has been given on the website by the client (as described in the Article above), the seller will within a reasonable time period e-mail the client to this effect, to the address given at registration, and will refund the payment if it has already been made (the time of effective re-crediting of the amount paid will depend on the payment means chosen by the Client).

If the Product should only be partially unavailable, the consequent refund of payment will also be partial.

4.3 In some cases and for some products, chosen at the discretion of the seller, a product booking service will be available, with delivery dates established each time.

ARTICLE 5) ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS OF SALE

5.1 In submitting telematic confirmation of the purchase order, the client accepts the General Terms and Conditions of Sale and payment described in this document unconditionally and undertakes to comply with them in all relations with the Seller; the client further declares that he has read and agrees to all instructions given him and acknowledges that the seller will not be bound by any different conditions unless agreed in advance, in writing.

Any Client disagreeing with any of the terms given in these General Terms and Conditions of Sale is asked not to submit an order form to purchase products from the website.

5.2 By submitting an order, the client also confirms that he is aware of and accepts NHK HELMET Disclaimer & Terms of Use and Privacy Policy.

ARTICLE 6) RETAIL PRICES, TAXES AND DUTIES

6.1 Unless otherwise specified in writing, all prices given are in several currency such as US dollars or IDR (Rupiah).

Applicable taxes or duties may be calculated at the time of the checkout, due to different states regulations.

Prices are always and only valid as indicated by the procedure (product sheet or order form) at the time the order is submitted to the seller.

Prices may change with no obligation to provide notice of such.

The only correct price is that given at the time the order is confirmed by the seller, unless clearly erroneous.

6.2 The prices given do not include delivery costs. These are calculated before the Seller sends confirmation of order to the client. The client undertakes to pay these delivery costs to the seller in addition to the price specified on the website.

6.3 The Client shall pay for any further additional cost, charge, tax and/or duty that a given country may apply, by any title, to the products ordered in accordance with these General Terms and Conditions.

6.4 The client declares that lack of knowledge of any costs, charges, taxes and/or duties pursuant to paragraphs above at the time an order is sent to the Seller, shall not constitute grounds for termination of this contract and shall not result in any such charges being incurred by the seller.

ARTICLE 7) METHOD OF PAYMENT

7.1 The client can pay for the products purchased and all related delivery costs in any of the ways specified on the website (PayPal and bank transfer).

7.2 If Products are purchased by credit card, upon conclusion of the on-line transaction, the reference bank will debit Client’s credit card the amount connected to the order only once the seller has confirmed the order.

7.3 If payment should be made by bank transfer to the seller, the client must specify, in the reason for payment, the Swift and IBAN codes given in the confirmation of order, as well as the order number.

It is understood that, in case of payment with bank transfer, products will be shipped only after the amount of the price paid has been cleared in seller’s bank account.

ARTICLE 8) DELIVERY METHOD

8.1 Products purchased by the client will be delivered by the seller, to the address specified by the Client.

8.2 Seller delivers the products to the client using selected express courier services. Client bears all risks of loss and damage to the products from the time the same have cleared our fulfillment house. Delivery is deemed complete and title to the products passes to client upon acceptance of shipment by a common carrier.

As a general rule – but in any case without this forming any restriction for the Seller and without prejudice to:

• The effective availability of Products
• Periods of closure of the logistics warehouse for inventories/security controls or holidays
• Any causes of force majeure
• The verification of the availability of the amount paid in the Seller’s bank account in case of payment with bank transfer.

If Products should only be partially available, after confirmation of order, the seller will inform the client of this promptly and, with the latter’s approval, will dispatch the products effectively available.

Upon receipt of the Products, the Client must check that the packages are intact and that the quantity and quality coincide with that ordered.

Any differences and/or discrepancies must be reported and noted by the Client to the courier immediately

If the packaging or packing of products ordered by the client should reach destination showing clear damage, the client should refuse delivery by the courier and immediately report such circumstances to NHK Helmet.

Products purchased will be delivered to the courier chosen by the Seller, to the delivery address specified by the client.

8.3 Client agrees to take whatever actions are necessary for the package to be received, including obtaining any prior permissions or arrangements for receipt of the package. Should any costs be incurred due to Client’s failure to take such actions, client shall be responsible for such fees.

ARTICLE 9) INVOICING

9.1 The Seller will issue in PDF format, upon request, an invoice for the Products shipped, e-mailing it to the client who accepts to receive it in electronic format. The information supplied by the client at the time of order will be used for the invoice.

Once the invoice has been issued, no changes can be made to the data specified.

ARTICLE 10) LIABILITY

10.1 The seller shall not be held liable for any direct, indirect or consequential damages that could not be foreseen at the date of stipulating these General Terms and Conditions, suffered by the client or third parties in connection with the goods or services it provides and/or for any damages of any type or in any way connected with them, deriving from breach of their obligations, even in the event of compensation for damages claimed by third parties, by any title.

10.2 The seller has the right to suspend or interrupt connection to the website at any time for technical reasons or for reasons connected with the efficiency and security of the services. It also has the right to suspend operations as a precautionary measure. The Seller shall not be held liable for the consequences of any such interruptions or suspensions.

10.3 The Seller is not liable for any fraudulent or unlawful use by third parties of the credit cards used by the Client when purchasing the Products. At no point during the purchase procedure is the Seller able to gain awareness of the Client’s credit card number.

10.4 Finally, all contractual or non-contractual liability of the Seller for any direct or indirect damages caused to persons and/or objects by failure by the Seller to fully or partially accept an order, is excluded.

ARTICLE 11) WARRANTY COVERING NON-COMPLIANT PRODUCTS – CONVENTIONAL GUARANTEE

11.1 The Website mainly sells products of brands owned by companies of the NHK Helmet or by partnership companies (by way of example, in the form of commercial collaborations or trademark licences). The Seller does not sell any second-hand or irregular products or products of lower quality than market standard.

11.2 The Seller will contact the client to organize, if applicable, the courier collection of the non-compliant Product and handle the following stages at no expense to the client, restoring the product’s conformity by repairing/replacing it or reducing the price accordingly, through the terminating of the on-line sales contract and refunding the price paid.

The time required to repair or replace the product will depend exclusively on the policies of the individual manufacturers. No damages can be claimed by client to the seller for any delays in making the repair or replacement.

11.3 Even if allegedly non-compliant, at the time it is returned to the Seller for repair or replacement, the product must be complete with all packaging and accessories and documents received by the client at the time of purchase.

Returning the Product without its original packaging, accessories or documentation, as above, will prevent the Seller from acting on the Product and therefore make any repair or replacement impossible. The Seller reserves the right to verify the effective flaws claimed by the Client and to organise the repair or replacement only after such checks have been completed.

If the Seller’s verification should reveal that the flaw claimed by the Client is not a flaw in conformity, the Seller reserves the right to charge the Client for the costs of the test and restoration as well as the transport costs incurred. The Client can then choose to have the Products purchased returned, at his own expense. If the Client should refuse delivery, the Seller reserves the right to keep the Products and the price paid for their purchase.

ARTICLE 12) RETURNS

12.1 The return is subject to the following conditions:

• The right is reserved to Consumers and therefore does not apply to professionals and businesses.
• The right applies to the whole Product and not parts or components of such:
  • in the event of prizes or promotional sales, in which the purchase of one item is connected with another sold at a negligible price (or even free of charge), the right to withdraw may be lawfully exercised with the return of both Products purchased (given the restriction of the item under special offer only being available with the purchase of the other item).
  • If the Product sold has been made-to-measure or clearly personalized for the Client, he/she shall have no right to return.

12.2 In order to exercise his right to return, client need to provide any explanations, the client must:

• If the Client is registered with the Website, he/she will have to express the desire to return by accessing his/her account on the section “Orders” and by following the instructions that will appear after clicking on the “ORDER DETAILS” button.
• If the client is not registered with the Website, he/she will have to access the section of the website where he/she can insert his/her e-mail address and order number and then follow the instructions.

12.3 At the same time as submitting notice of return, the client must act to return the Product to the Seller. The Product must be delivered within 3 (three) days of notice by the client and the costs incurred by the client for returning the product shall be at the client’s expense

12.4 The product must be returned intact and carefully packaged in its original packing, complete with all accessories. If the product is different from the minimum required in order to verify its nature and characteristics, the client will be liable for the consequent deterioration in value, which is hereby agreed as a reduction of 50% (fifty percent) of the price originally paid, the seller will withhold this amount when refunding the price.

If return is exercised for several products pertaining to a single order, the client shall send them all to the Seller together. The Seller shall not be held liable for any damage or theft/loss of products returned by the Client using uninsured delivery methods.

12.5 The Client shall be unable to exercise his right to return if the following is ascertained:

• Lack of original packaging and/or packing
• Lack of all elements comprising the Product (accessories, tags, labels, information notes, etc.)
• Substantial damages to the product

If the right to return should be forfeited, the Seller will inform the client of the impossibility of accepting the return.

ARTICLE 13) INFORMATION AND CLAIMS

13.1 The Seller can be contacted at the following e-mail address for any requests for clarification or claims: [email protected]

ARTICLE 14) COMMUNICATION

14.1 The Client acknowledges and agrees that all communication, notifications, certifications, information, reports and any other documents relating to the operations performed in connection with the purchase of the Products will be e-mailed to the address specified by the client at the time of registration

ARTICLE 15) ORDER CANCELLATION BY SELLER

15.1 The Seller reserves the right to refuse or cancel an order or Product that is part of an order if any situation should arise that may cause suspicion of credit card fraud, or for any other legal reason that Seller determines to require cancellation.

ARTICLE 16) ENTIRE AGREEMENT

16.1 The General Terms and Conditions of Sale constitute the sole and entire agreement between NHK Helmet and client and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the purchase of products from the NHK store Site.