User Agreement

1.1 In these Regulations, unless the context otherwise requires, the following terms shall have the following meanings and shall form an integral part thereof:

The website https://new.pjshopjapan.com, is a service providing access to information about goods and services intended for potential customers (Buyers), through which Phenix Japan LLC (864-3 Yonejima, Takaoka-Shi, Toyama (Seller) sells goods.

For the purposes of this agreement, the terms Internet site and User Account, as well as the Internet address https://new.pjshopjapan.com, are equivalent and shall be interpreted authentically, according to the context of this offer.

2.1 By using the Internet site, the Buyer agrees to the terms and conditions of these Rules and the content of the documents indicated (posted) on the Internet site, thereby acceding to their terms and conditions.

2.2 This Offer is an official offer of the Seller to any person having legal capacity and necessary authorisation to conclude the Delivery Contract with the Seller on the terms and conditions defined in this Offer and contains all essential terms and conditions of the Contract.

2.3 The Internet site provides the Buyer with a free-of-charge opportunity to search for information about the Seller's goods and services, to familiarise with product offers, to receive (including based on the results of the search) product offers and information, as well as other functionalities.

3.1 Only the Buyer registered in the Personal Account can place an Order on the Administrator's website, and the Buyer may register on the Internet site only 1 (one) time, i.e. may have only one Personal Account.

3.2 When registering on the Online Marketplace, as well as further use of it, the Buyer provides the Seller with its registration data (including personal data), including, but not limited to: Full name, telephone number, e-mail address.

3.3 The Seller and the Site Administrator are not responsible for the accuracy and correctness of the information provided by the Buyer during registration. The Buyer may be denied registration in User Account if the Seller, when verifying the data, discovers discrepancies that can be correlated from the documents submitted by the Buyer or from other sources.

3.4 The Buyer who has registered on the Online Marketplace and (or) in User Account shall be individually identified by means of receiving a letter by e-mail, or receiving a message on a mobile phone, including instant messaging and multimedia, or by means of receiving a link to complete registration with a URL address to complete registration, after which the Buyer shall be verified.

4.1 The text of this Agreement is a Public Offer.

4.2 The moment of full and unconditional acceptance by the Buyer of the Seller's offer to conclude the Delivery Contract (acceptance of the offer) shall be deemed to be the fact of confirmation of readiness to pay for the goods by means of replenishment of the Balance in the Buyer's personal account at the Internet site and (or) pressing the "pay" button on the interface with the actions on the payment itself.

4.3 The contract concluded on the basis of the Buyer's acceptance of this Offer is a contract of adhesion to which the Buyer accedes without any exceptions and/or reservations to the terms and conditions.

4.4 The fact of payment for the Seller's goods and placing an Order by the Buyer shall constitute unconditional acceptance by the Buyer of the terms and conditions of this Offer and all other documents posted on the Website.

4.5 Along with the contract for the purchase of goods and the agreement to these terms and conditions, the Buyer confirms the adherence to the terms and conditions of the storage contract.

5.1 Before making an Order, the Buyer undertakes to familiarise himself with all the Seller's terms and conditions on the Website. In this case, obvious mistakes, including typographical errors, made in the description of the Service shall not be legally binding.

5.2 Placement of the Order on the Internet site means the Buyer's consent to all material terms of this Offer and documents on the site.

5.3 Material terms and conditions of the Delivery Contract concluded by the Buyer are published on the Internet site as well as in this Offer.

5.4 By placing an Order, the Buyer agrees that the Seller may engage third parties to fulfil the Contract.

5.5 Buyer acknowledges its agreement that:

• registration data (including personal data) is voluntarily indicated by him;
• registration data (including personal data) are transmitted in electronic form via open communication channels of the Internet;
• registration data (including personal data) are transferred to the Site Administrator and the Seller for the purposes specified in this Offer and for the same purposes may be transferred to third parties;

The said consent is granted for an indefinite period of time.

5.6 The Buyer's consent to the processing of his registration data (including personal data) is perpetual and may be withdrawn by the Buyer by submitting a written application to the Seller's Support e-mail address specified in clause 10.1 of this Offer.

5.7 By placing an Order, the Buyer acknowledges that:

• has fully familiarised himself with the provisions of these Rules and other documents located on the Internet site and fully understands their content
• fully understands the meaning and consequences of its actions with regard to conclusion and performance of the Delivery Contract concluded with the Seller.
• confirms the legality of receipt and use of funds for payment of goods;

5.8 By placing an order on the Website, the Buyer agrees to receive: (a) e-mails/push notifications that the Website Administrator, Seller or Custodian may send to the Buyer; (b) messages (SMS) to the telephone number specified by the Buyer, as well as (c) a call with an offer to evaluate the quality of the Website to the telephone number specified by the Buyer.

6.1 Mutual settlements with the Seller under this Offer shall be made by the Buyer in its own name.

6.2 The prices for the Seller's goods shall be determined by the Seller unilaterally and indisputably and shall be indicated on the Internet site, or sent to the Buyer's Personal Office, or in any other way that allows informing the Buyer.

6.3 Payment terms are determined automatically at the moment of sending the Order and depend on the characteristics of the purchased goods, their location, method of delivery, duration of cooperation with the Buyer and frequency of proper fulfilment by the Buyer of the terms of this Offer.

6.4 It is possible to pay for services by:

• the Invoice.
• the cash desk in cash and (or) by bank details of the Seller's representative (information on such representative shall be specified in the invoice).

6.5 Refunds after replenishment of the Balance on the Internet site, but before payment for the Order, shall be made at the personal request of the Buyer sent to the e-mail address of the Seller's Support Service specified in paragraph 10.1 of this Offer. The return can be made by the Seller's representative (appointed at the discretion of the Seller).

6.6 The Buyer is fully responsible for the exchange rate difference between the currencies of the Seller's and the Buyer's countries in the process of placing the Order, but before its payment, and undertakes to cover the resulting difference in full for the completion of the Order. In the presence of this debt, the Seller is entitled not to send the goods to the Buyer.

6.7 A notification is sent to the buyer's personal cabinet and (or) a cheque is provided to the email.

7.1 The Seller shall deliver the goods to the Buyer in accordance with the delivery terms CFR Incoterms 2020.

7.2 The place of delivery and receipt of the goods by the Buyer shall be the storage warehouse specified by the Seller in the invoice or in the notice to the Buyer. The warehouse is determined unilaterally by the Seller.

7.3 Terms of delivery of Goods - 30 working days from the moment of receipt of payment, unless otherwise agreed by the Parties. The delivery terms may be unilaterally extended by the Seller, for example, due to customs and other export procedures in relation to the goods (the maximum delivery period is 60 working days from the moment of full payment for the goods), for this period the Seller shall not be subject to sanctions.

7.4 In the event that customs clearance of the goods is required, the Buyer may contact a customs representative or other person recommended by the Seller.

7.8 The services of the custodian, customs representative, commission to the agent, as well as the services of third parties engaged for the implementation of the provisions of this offer and the transaction between the Seller and the Buyer shall be paid by the Buyer himself.

8.1 The goods shall be stored at the Seller's partner's warehouse, which the Seller shall determine at its discretion.

8.2 The terms and conditions of services provided by the Custodian shall be determined by the Custodian independently and may be posted on the Internet, either at the location of the Custodian or set out within the framework of business correspondence between the Seller and the Buyer. Storage of goods is free of charge, except for certain categories of goods.

8.3 By paying for the goods on the Internet site, the Buyer agrees with the Seller's chosen counterparty for storage of the goods, as well as with the conditions and cost of this storage.

8.4 The goods shall be released upon presentation of a cheque for payment for the goods at the storage warehouse (or) the Buyer's identity document, unless otherwise stipulated by the terms and conditions of the Custodian.

8.5 The Buyer shall be notified of the fact of delivery of goods to the warehouse of the Custodian in User Account and (or) by the Custodian via communication channels.

9.1 The Seller shall not be liable if the Buyer has not purchased the goods as planned due to circumstances beyond the Seller's control.

9.2 The Seller shall not be liable if the Buyer purchases goods through the Online Marketplace without having previously read this Offer and other documents located on the Online Marketplace.

9.3 The Seller is not responsible for the actions of persons to whom the Buyer has given the password to his account or who have gained unauthorised access to the Buyer's account or his payment means, bank cards. In the Seller's system, passwords to customer accounts are encrypted and unknown to employees.

9.4 The Seller shall not be liable for acts or omissions in relation to the Buyer by third parties with whom the Seller is not connected.

12.1 The Seller shall not be liable for force majeure (force majeure) such as: natural disasters (earthquake, flood, hurricane), fire, mass diseases (epidemics), strikes, military actions, terrorist attacks, sabotage, transport restrictions, governmental prohibitive measures, prohibition of trade operations and other circumstances beyond the Seller's control.

13.1 These Rules are valid in the appropriate version for 1 (one) calendar year from the date of accession to them by registration in the Personal Cabinet on the Website. If by the time of expiry of the said term neither of the parties declares termination of the use of Personal Area (deletion of the record, authorised user), the consent to these Rules shall be prolonged for a similar period of time.

13.2 The Seller may at its discretion change any terms and conditions contained in this Offer without prior written notice to the Buyer. The Buyer is responsible for tracking changes to all information documents posted on the Website, including but not limited to this Offer.