Terms and Conditions - SEMITEC Corporation Sample Shop
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Terms and Conditions

Terms and Conditions

SEMITEC Corporation Japan (“SEMITEC”) operates www.semitec-shop.com (the "Site"). Upon using services provided by accessing and using the Site, you agree to each and all of the terms and conditions set forth herein. SEMITEC may change this document without any prior notification.

Operation of the Site
1. SEMITEC reserves the right to change, interrupt or discontinue the operation of the Site when it is considered necessary.
2. SEMITEC is not liable for any damages incurred by users due to any changes of service as detailed above.

Interruption of service
1. SEMITEC reserves the right to interrupt the service of the Site without any prior notification in all of the cases below, but not limited to these cases.
1) Maintenance of service equipment
2) In case of fire or power failure
3) In case of earthquakes, volcanic eruptions, floods, tsunami, epidemics or fire
4) In case of war, civil unrest, labor strikes etc.
5) Other technical or operational reasons

2. SEMITEC is not liable for any damages incurred by users or any other parties due to any interruptions of service as detailed above or for any other reasons.

Orders
1. Any orders on this Site are processed through the order process defined for this Site.
2. When any given user clicks on “Order” then this order is legally binding only after SEMITEC uses any of the provided customer information, including but not limited to E-mail address and telephone number, to provide the customer with an order confirmation.
3. SEMITEC reserves the right to refuse orders it deems inappropriate

  Purchase contract and order cancellation
If an order can’t be shipped due to unavoidable reasons SEMITEC will cancel the order and inform the customer within five business days using the E-mail address, telephone number etc. provided by the user. SEMITEC is not liable for any damages incurred by users because of an order cancellation.

Shipment and delivery
1. Products which have been ordered by a user will be sent to the delivery address specified by the user.
2. Shipment fees are added to the product cost. Depending on weight and other special circumstances additional shipment fees SEMITEC may invoice additional shipment fees. In this case SEMITEC will confirm user consent before shipping the order.
3. Any costs incurred by delivery failure due to absence of the user or due to an incorrect delivery address caused by a user error are to be paid by the user.
4. Documentation of sample shop orders includes an invoice. Product specification sheets, packing specification materials etc. are not included.
5. Refusal of accepting an order at the point of delivery is not allowed.
6. SEMITEC is not liable for any damages caused by shipment delays due to unavoidable reasons including but not limited to accidents and natural disasters.

Payment
1. The payment amount consists of the product price and the shipment fee including VAT. For orders outside of Japan VAT is deducted from the total amount.
2. Only credit cards are accepted as payment methods. To send an order, credit card information including card number, card expiry date and the card security code needs to be input in the “Shipping” screen. Orders are finalized by clicking on the “Order” button in the “Order confirmation” screen.
Furthermore, the credit card payment report from the user’s credit card company is treated as customer receipt and no additional receipt is issued.
3. SEMITEC does not give users the right to offsetting, deductions and counter-claiming.
4. If SEMITEC cancels a user’s order then the paid amount for this order will be returned to a bank account specified by the user. In this case SEMITEC will pay for any bank transfer fees.
5. In case of conflicts about the order payment etc. between a user and the credit card company used by the user these conflicts need to be solved between aforementioned parties and SEMITEC is not liable for any costs incurred.
6. The user has the obligation to pay for the ordered product and SEMITEC has the right to claim payment for an ordered product.

Cancel, return
1. Changing the products, the product amount or cancelling an order after order confirmation is not possible.
2. If the amount of delivered products is too low, the wrong product has been sent or the products are physically damaged and SEMITEC acknowledges the problem with the product delivery then SEMITEC will send missing products or send replacement products or take back damaged products to the user. SEMITEC accepts such claims by e-mail up to eight business days after delivery at the user’s designated address.
E-mail address: shop@mail.semitec.co.jp
3. Returning products and product replacements through SEMITEC are only possible if the delivered products are unused.
4. Shipment fees for returning products and product replacements through SEMITEC have to be paid by SEMITEC. Products have to be sent to below address together with the necessary documents as specified by SEMITEC using “pay on delivery” shipment services.
Address:
SEMITEC Corporation 130-8512 Tokyo, Sumida-ku, Kinshi 1-Chome, 7-7
ATTN: Online shop

Product guarantee
1. Returning products is possible if the user informs SEMITEC about the defective products within eight business days and if SEMITEC acknowledges aforementioned product defect or if the delivered products are not the products ordered. When returning products SEMITEC will either send a replacement (if stock is available) or return the amount paid for this order to the user (if no stock is available).
2. SEMITEC does not accept requests for defect inquiries, material analysis or environmental investigation for product orders sent through the Site.
3. The guarantee for SEMITEC products is limited to the sales price as stated in the order.
4. In the following cases the guarantee is not granted:
1) If the user has sold he delivered products to a third party.
2) If the products are damaged or destroyed due to wrong or reckless handling or other mistakes attributable to the user.
3) If the products have been damaged or destroyed when connected or mounted with other products
4) If the products have been damaged or destroyed by fire or other natural disasters, environmental contamination or by applying abnormal voltage or power, or by using the products in inappropriate environments etc.

Legal risk
1. The legal risk concerning loss or damage of products is transferred to the user upon delivery.

Liability exception
1. SEMITEC has a security system for the Site. SEMITEC is not liable if security is breached and unauthorized third parties gain access to the Site or in the case that user information is leaked.
2. SEMITEC is not liable for damages incurred when using products for medical, nuclear or space travel related applications or any other applications that may harm or terminate human life or application that require high-reliability or high safety.
3. SEMITEC is not liable with minor blemishes which are not acknowledged as defect by SEMITEC.
4. SEMITEC is not liable for any damages incurred due to use of the Site including but not limited to below cases.
1) Direct damages, profit loss and other indirect damages or consequential damages
2) Intentional damage incurred through the user, user mistakes or acts of god
3) Accompanying damages when using SEMITEC products
4) Damages incurred by copyright violations such as violations of third party copyrights, patent rights, utility model rights, design rights, trademark rights and other intellectual property rights.
5) Damages incurred by violations of export regulations

Export
1. Users must conform to the applicable laws of Japan or other concerned countries for export regulated products and re-export. Users will not export or re-export products for which export or re-export is not allowed or in cases where exporting to specific countries and regions is not allowed. Users have the sole responsibility to obtain all and any permissions or approvals and to submit all necessary reports for export or re-export.
2. Regardless of regulations users are obliged to investigate customers and confirm applications when exporting or re-exporting SEMITEC products. If it becomes known that the products are intended for the development, manufacture, use or storage of weapons of mass destruction or there is a possibility that they are intended for such uses; or if the products are intended for military or military research uses; then the user will not export or re-export SEMITEC products.
3. SEMITEC is not liable if a user acts contrary to the provisions in above “2” and wrongfully exports or re-exports SEMITEC products.

Privacy
1. SEMITEC will treat personal information as detailed in its Privacy Policy.
2. Users agree that their personal information will be treated as detailed in SEMITEC’s Privacy Policy. Users of the Site also agree that aforementioned Privacy Policy is still applicable when it is changed.
3. SEMITEC may use elements of user’s private information for aggregation and analysis and create statistical data which does not allow identification of any users and use personal information for development of new services.

Intellectual property
1. All products sold on the Site are protected by the respective copyright, patent right, utility model right, design right, trademark right and other intellectual property right regulations.
2. All information on the Site belongs to SEMITEC or the respective original copyright holders.
3. SEMITEC is the sole copyright holder of the Site, product catalogs and other media offered by SEMITEC. SEMITEC does not allow the reproduction in part or in full of the Site, product catalogs and other media offered by SEMITEC without prior written consent.

User liability
1. Users of the Site are liable for any actions required in case of inquiries and product claims from third parties.
2. Users who by using the Site cause damages to either SEMITEC or third parties, including but not limited to not fulfilling the provisions of this document, are liable for any and all damage compensation.

Caution
Products sold by SEMITEC are intended for general electric applications such as computers, personal electric devices, office devices, measurement devices, robots and home appliances. They are not designed and produced with special applications in mind that have special quality or reliability requirements and that may directly endanger human life when having defects or being broken such as nuclear power control devices, space travel devices, traffic control devices, traffic lights, combustion controls, medical devices and any security-related devices etc. When users use any products sold by SEMITEC on the Site for the special applications listed above and when any losses or damages occur by this use they agree that SEMITEC is not liable and that they have full legal responsibility. SEMITEC recommends for all applications that require a high level of safety to design protection circuits and include redundant design and circuits. Furthermore, SEMITEC recommends confirming, in detail, product capabilities and reliability etc. for use of SEMITEC products in below environments.
(1) Use in fluids (water, oil, pharmaceuticals, organic solvents etc.)
(2) When using in direct sunlight, outdoors, dust/ dirt environments, corrosive gas environments (salty wind, CI2, H2S, NH3, SO2, NO2 etc.)
(3) Environments with static electricity or strong magnetic fields
(4) Environments with condensation on SEMITEC products
(5) When soldering without prior cleaning or flux cleaning with water or water solvents after soldering

Storage in environments with a high amount of corrosive gases (salty wind, CI2, H2S, NH3, SO2, NO2 etc.) or direct sunlight may lead to product capability degradation and defects and should be avoided.

Organized crime
1. Users pledge that its members, officers and employees are not members of gang groups, gangsters, organized crime related companies, organizations or their officials, and other organized crime groups.
2. Users agree to be cooperative in any investigation by SEMITEC into users’ activities or the activities of their officers and employees in regards to activities related to organized crime and agree to submit any documents required by SEMITEC.
3. When any of the grounds specified in the following sections is applicable to a user, SEMITEC may force the user to stop using SEMITEC products.
1) A user has shown violent behavior, fraudulent acts, threatening rhetoric, obstruction of business either on his own or utilizing third parties
2) A user or his officers or employees are found to be a member of organized crime
3) A user that does not cooperate with the investigation or submit the documents requested by SEMITEC
4. SEMITEC is not liable for any damages incurred by users due to termination of contract under the Terms and Conditions on the ground that users, officers or employees are a member of organized crime.

Jurisdiction
Conclusion, validity, implementation and interpretation of the Terms and Conditions are governed by the applicable laws of Japan.
Tokyo District Court shall have exclusive jurisdiction over any dispute arising out of or in connection with the Terms and Conditions.