Shipping & Returns

GOODSMILE Logistics & Solutions
Hiroshi Morita
Akiba CO Building 5F, 3-16-12, Sotokanda, Chiyoda-ku, Tokyo 101-0021 Japan
ponyshop@gsls.biz
https://shop.ponycan.com/
Shipment fee is charged to the customer.
For products that are currently in stock, shipment will be prepared on the following business day after payment has been received.

For pre-order merchandise, products will be shipped on or near the release date. As the release date for pre-order merchandise will vary by item, please see the description page of the item in question for more information.
We accept payment via credit card.
◇ The User may not cancel any contract of sale, and return or replace the products ordered under the Service for its own convenience.
◇ Should the User believe their product to be defective please inform PONY CANYON via the "Contact Us" page within 9 days of product delivery. If PONY CANYON confirms that the product is defective, a refund will be issued. The User will be required to submit images of the defective product(s) upon request.
◇ Notwithstanding the preceding paragraph, PONY CANYON shall not refund or take any other action for defective products if more than ten (10) days have passed after the receipt of the products by the User.
◇ If the User places an order for the same products as the defective products after the refund thereof, the User may not be able to purchase them depending on the inventory status.

Terms of Service

PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE USING THIS WEBSITE.


■ Article 1: Definitions

The following terms have the following meanings.
1. "Service" means the service provided by us under this website.
2. "User" means any person that has been registered as user of the Service pursuant to Article 2 (Account Registration)
3. "User Information" means any information provided to us by the User for the purpose of account registration, and the history of transactions of the User.
4. "Service Agreement" means the agreement with respect to the use of the Service under the Terms between the User and us.
5. "Intellectual Property Rights" means copyrights, patents, utility model rights, design rights, trade mark rights and other intellectual property rights (including rights to obtain, or apply for registration of, such rights)

■ Article 2: Account Registration

1. Registration
A person wishing to use the Service may apply for registration by agreeing with the Terms and providing certain information as specified by us in accordance with the manner prescribed by us. Upon completion of the registration, the Service Agreement shall become effective between the User and us, allowing the User to use the Service pursuant to the Terms.

2. User Qualification
We reserve the rights to refuse registration of any applicant without any obligation to disclose the reasons, in the event that:
(1) the application for the registration is processed by a third person
(2) in the event that the user privileges of the Service have been revoked in the past
(3) the whole or any part of the User Information provided by the applicant is found to be false, inaccurate or omitted;
(4) the applicant is a minor, adult ward or person under curatorship or assistance, and applicable approval or consent has not been obtained from such applicant's legal representative, guardian, curator or assistant;
(5) the applicant (i) constitutes an organized crime group or a member thereof, anti-social force or other similar person or entity (collectively, "Antisocial Force"), or (ii) has any interaction or involvement with an Antisocial Force in any manner such as assisting or being involved in the maintenance, operation or management of an Antisocial Force by way of finance or other means; or
(6) we otherwise deem the registration inappropriate

3. Providing User Information
(1) Upon registering for an account, the User shall carefully read all precautions and correctly input all required information.
(2) When inputting information, the User shall use only the English alphabet (roman characters with no diacritic marks) and shall not input any special characters, or characters from other languages, etc.

4. Password Management
(1) The User may use the account and the password by itself and shall not share them with a third party.
(2) The User shall be responsible for managing its account information and its password in an appropriate manner, and to ensure that its password is unknown to others by changing the password periodically.

■ Article 3: Updates

1. The User shall promptly notify us of the updates in the event that its user's name, address, telephone number, email address, credit card information or other information provided has changed in the manner described in this website.
2. We shall not be responsible for any loss and damage incurred by the User due to failure to update its information on file. Even in the event that registered information has been updated by the User, any purchase order processed prior to the update notification shall be processed with the information on file prior to the update.

■ Article 4: Account Termination

The User may terminate their account by completing the account termination process as we specify. The account of the User will be terminated once the account termination process is completed.

(How to Terminate your Account)
1. Log into your account, and access My Page.
2. Click the "Cancel Membership" tab.
3. Carefully read all of the cautionary statements, and click the "Cancel Membership" button.
4. Read the final warning, and click "Yes, I do."
5. Your account is now termninated.

■ Article 5: Termination of User Privileges and Liability

1. If the User falls under any of the following, we may revoke its user privileges of the User, terminate the Service Agreement and respective contract of sale, and the User shall lose its rights under the Term.

(1) the User commits any of the actions listed in Article 7 (Prohibited Actions);
(2) the User does not notify the change of user's name, address, telephone number, email address, or other information provided to us;
(3) any information provided by the User to us is under false pretense;
(4) the user privileges of the User have been revoked due to breach of the Terms in the past;
(5) the User interferes with the operation of the Service in any way;
(6) the User cancels a purchase order due to personal convenience, intentionally returns/refuses order delivery, or attempts to negotiate in such a manner;
(7) the User fails to pay the purchase price or does not perform any debt obligations by the due date;
(8) we are unable to contact the User via email or other means more than six (6) months;
(9) the User undergoes payment suspension or becomes insolvent, or a petition for bankruptcy, is filed against the User;
(10) the User fails to comply with any of the provisions of the Terms; or
(11) we otherwise deem the User's action inappropriate

2. If the User falls under any of the following, the User shall be responsible for any and all damages incurred by us due to or caused by the User.
(1) the User uses account information or passwords for nefarious purposes;
(2) the User accesses this website and falsify any information thereof;
(3) the User sends a malicious computer program to this website;
(4) the User conducts any action that disrupts the Service and the business of us;
(5) the User infringes upon the Intellectual Property Rights of the products of us;
(6) The User fails to comply with any of the provisions of the Terms;

3. We shall not be responsible for any loss or damages, including damages to a third party, incurred by the User due to the termination of user privileges set forth in this Article.

■ Article 6: Use of User Information

The User Information will be managed in compliance with "Privacy Policy." The Privacy Policy shall constitute an integral part of the Terms.

■ Article 7: Prohibited Actions

While using the Service, the User shall be expressly prohibited from the following actions.
(1) Violating any laws or regulations;
(2) Breaching any provisions of the Terms, or warnings regarding the Service;
(3) Infringing upon the rights, interests, or reputation of us or a third party;
(4) Any action that may adversely affect the mental or physical wellbeing of a minor, or any other conduct that violates public order and morality;
(5) Any conduct that disturbs or causes discomfort to other users or third parties;
(6) Providing false information;
(7) Sending or introducing malicious computer programs or email;
(8) Accessing the servers or other computers of us without its authorization;
(9) Lending, transferring, or sharing a password with a third party; or
(10) Any other act we deemed inappropriate

■ Article 8: Suspension of Service

We may suspend all or part of the Service without prior notice in any of the following circumstances.
(1) As necessary for periodic and emergency maintenance or inspection of the computer system;
(2) When the computer system is experiencing heavy traffic;
(3) When system operations become difficult due to fire, blackout, interference by a third party, and any other cause beyond the reasonable control of us; or
(4) When otherwise determined that system operations must unavoidably be suspended.

■ Article 9: Change and Discontinuation of Service

We may change or discontinue the Service in part or in full as necessary without any advanced notice based on its sole discretion.

■ Article 10: Disclaimers

1. We shall not be responsible for any damages caused by computer or communication line interruption, delay, disconnection, data loss, unauthorized access to data, or any other damages incurred by the User related to using the Service.
2. We make no guarantee that emails and other contents generated by this website, servers, or domains are free from computer viruses and other malicious software.
3. We shall not be responsible for any damages due to or caused by the User violating the Terms.
4. Even if a minor is using the Service, he or she is deemed to have obtained the consent of his or her parent or custodial guardian. We make no guarantee that any of the Service's content is suitable for minors.
5. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, (i) that the Service fits or is suitable for a particular purpose contemplated by the User, (ii) that the Service has expected functions, commercial value, accuracy or usefulness, (iii) that the use by the User of the Service complies with the laws and regulations or internal rules of industrial organizations that are applicable to the User, or (iv) that the Service will be free of interruption or defects.

■ Article 11: Incorrect, Defective, or Damaged Products

In the event that the products delivered to the User is incorrect, defective, or damaged, the User shall comply with the Return Policy. The Return Policy shall be separately prescribed and constitute an integral part of the Terms

■Article 12: Confidentiality

The User shall keep confidential any and all non-public information disclosed in relation to the Service by us to the User if the User is required by us to keep such information confidential at the time of disclosure, unless the User has obtained the prior written consent from us.

■ Article 13: Typographical Errors

In the event that any product of us is mistakenly listed at an incorrect price, we reserve the right to refuse or cancel any purchase orders placed for the product listed at the incorrect price. We reserve the right to refuse or cancel any such purchase orders whether or not the purchase order has been confirmed and the User’s credit card charged. If the User’s credit card has already been charged for the purchase and its purchase order is cancelled, we shall issue a credit to the User’s credit card account in the amount of the incorrect price.

■ Article 14: Contract of Sale

1. A contract of sale under the Service is established when the User places a purchase order to purchase a product, and we send an order confirmation email to the User in return. The User shall follow and comply with the shopping procedure prescribed in the User Guide. The User Guide shall constitute an integral part of the Terms.
2. The risk of loss in any product the User purchased and the responsibility to insure them passes to the User when the products are delivered.
3. We may specify a carrier to deliver products to the User. The User shall bear the shipping fee specified in the User Guide.
4. We only accept payment by credit card (Visa, Master Card, and American Express).

■ Article 15: Termination of Contract

We may refuse a purchase order from the User or terminate a contract of sale if the User falls under any of the following.
(1) the User breaches any of the provision of the Terms;
(2) the credit card company designated by the User refuses authorization for the purchase of the User;
(3) the user fails to make payment;
(4) the product ordered by the User is no longer in stock; or
(5) the parcel delivered is returned due to an unknown address or non-claim.

■ Article 16: Limitation of Liability

We shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this website or the performance of the products, even if we have been advised of the possibility of such damages.

■ Article 17: Outsourcing

We may outsource all or part of the Service as necessary, including system management related to the Service and credit card processing.

■ Article 18: Intellectual Property Rights

1. Any and all Intellectual Property Rights related to the Service, this website, and our products (including but not limited to text, logos, images, video clips, sound samples, and software) are expressly reserved by us and/or the intellectual property holder. Nothing contained herein shall be construed as granting to the User any license of the Intellectual Property Rights related to the Service, this website, and our products, owned by us or the intellectual property holder.
2. Any and all Intellectual Property Rights related to the Service, this website, and our products shall not be copied or transferred without express permission from us or the intellectual property holder.

■ Article 19: System Requirements

1. The User shall bear any and all responsibility and cost for the necessary equipment, software, and network capabilities required to make use of the Service.
2. The User shall bear any and all responsibility and cost for any anti-virus and other security related software.

■ Article 20: Severability

If any provision of the Term is invalid or unenforceable, the remaining provisions shall continue to be valid.

■ Article 21: Assignment

The User shall not assign, transfer, grant security interests on or otherwise dispose of the Service Agreement or its rights or obligations under the Terms without the prior written consent of us.

■ Article 22: Waiver

No waiver of any provision of the Term by us shall be deemed a further or continuing waiver of such provision or any other provision, and its failure to assert any right or provision under the Term shall not constitute a waiver of such right or provision.

■ Article 23: Means of Communication

Any communications or notices related to the Service between the User and us shall be made via email.

■Article 24: Amendment

We reserve the right to amend or change the Terms when we find it necessary. In the event of any amendment or change to the Terms, we shall inform the effective time and content of the amended or changed Terms by posting on this website or other appropriate way, or notify the User of the same. We shall obtain the User's consent in a manner specified by us for the amendment or change of the Terms that requires such consent under the applicable laws. Notwithstanding the foregoing, the User shall be deemed to agree with the amendment of the Terms when the User uses the Service after the amendment is made.

■ Article 25: Governing Law and Dispute Resolution

1. The Service Agreement and the Terms shall be governed by and construed in accordance with the laws of Japan.
2. Any and all disputes arising out of or in connection with the Terms or the Service Agreement shall be submitted to the exclusive jurisdiction of the Tokyo District Court of Japan in the first instance.

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