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This website, https://www.nagoyacrypto.com (the “Site”), is being made available to you free-of-charge. The terms “you”, “your”, and “yours” refer to anyone accessing, viewing, browsing, visiting or using the Site. The terms “we”, “us,” and “our” refer to NAGOYA CRYPTO. and its affiliates and/or subsidiaries. We reserve the rights to change the nature of this relationship at any time and/or to revise these Terms and Conditions from time to time as we see fit. As such, you should check these Terms and Conditions periodically. Changes will not apply to any orders we have already accepted unless the law requires. If you violate any of the terms of these Terms and Conditions, you will have your access canceled and you may be permanently banned from accessing, viewing, browsing and using the Site. Your accessing, viewing, browsing and/or using the Site after we post changes to these Terms and Conditions constitutes your acceptance and agreement to those changes, whether or not you actually reviewed them. At the beginning of this page, we notify you of the date these Terms and Conditions were last updated. Entering the Site will constitute your acceptance of these Terms and Conditions. If you do not agree to abide by these terms, please do not enter the Site.
HOW TO ORDER THROUGH THE SITE
After placing an order, you will receive an order receipt confirmation email from us acknowledging that we have received your order.
After receiving your payment, we will update your orders with the title “SHIPMENT PROCESSED” . We reserve the right to cancel your order if we fail to receive your payments in the period designated by us.
Please note that these emails do not mean that your order has been accepted or confirmed. Your order constitutes an offer to us to buy a product.
All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you a shipping confirmation email confirming the shipment of your order with the title “SHIPPED”.
You can review the status of your order anytime by accessing your user Account created the first time you place an order on our Site.
Your order will only be accepted by us and a contract will only be formed with us when we send you the shipping confirmation. The contract will relate only to those products whose shipment we have confirmed in the shipping confirmation. We will not be obliged to supply any other products which may have been part of your order but are not included in the shipping confirmation. We reserve the right to cancel your order at any time before we have accepted the order and shipped the products and we may rescind our acceptance and cancel your order where:
(1) there has been an obvious error in price;
(2) the product probably cannot be shipped to the designated address due to the change of custom’s policy or import control of certain country or other Force Majeure event; or
(3) the product is no longer in our or our third party fulfillment provider’s inventory.
Please do not place your order with anyone or anybody claiming to be an official representative of us over email or Skype or any web site other than the Site. It can be a scam and your confirmed order may never be delivered in such cases. We are not bound by such order, we will not be responsible to offer any kind of compensation in such cases, and we will not be liable for any and all losses or damages arising out of such cases.
PRICES AND AVAILABILITY OF PRODUCTS
Prices and availability of products on the Site are subject to change without notice. Errors will be corrected when discovered. Despite our best efforts, the products listed on our Site may be outdated. We will normally verify prices as part of our dispatch procedures so that, where a product’s current price is less than our stated price, we will charge the lower amount when dispatching the product to you. If a product’s current price is higher than the price stated on our Site, we will normally, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection. We are under no obligation to provide the product to you at the outdated (lower) price, even after we have sent you an Order Receipt Confirmation or Payment Receipt, if the pricing error could have reasonably been recognized by you as a pricing error.
Prices of products on the Site are fixed in a USD value. The payments for orders are accepted either through the Bitcoin (“BTC”) payment network or via PayPal in USD or via Wire transfer to NAGOYA CRYPTO. In the event you choose to pay in BTC, in order to facilitate the transaction, we will calculate the BTC amount for payment instructions according to our chosen exchange rate by GoUrl.io. Later changes to the exchange rate of USD/BTC have no effect on the amount to be paid for your placed order.
On occasion, you may be able to place a product in your shopping cart and submit your order for processing, but your order is subsequently canceled due to the unavailability of product. You acknowledge that products may be sold quickly and there may be a short time gap after an order has been submitted, but where the product is no longer available. You agree that we may cancel your order after you have received an Order Receipt Confirmation or a Payment Receipt without penalty. On very rare occasions, you may receive a Shipping Confirmation from us, but the product is no longer available in our or our third party fulfillment provider’s inventory. You agree that we may rescind our acceptance and cancel your order without penalty if we are unable to ship the product you ordered due to unavailability.
All purchases are final. On rare occasions we may, at our sole discretion, make an exception. Such exceptions are made on a one time only basis and do not obligate us in any way whatsoever in subsequent cases.
You consent to receive sales invoices electronically. Electronic invoices will be made available in the user Profile area of the Site.
NOTICE TO SITE USERS ON TAX AND CUSTOMS DUTIES
All prices for products sold by us and invoiced by us to territories other than People’s Republic of China are entered without value added tax and customs duties. You are solely responsible to consult with your state and local tax lawyers to determine compliance with tax laws and regulations in your area and pay all the outstanding taxes and duties if applicable according to your tax residential law. You hereby waive your right to claim that the tax collected on any purchase is incorrect in any respect and agree to hold harmless NAGOYA CRYPTO its officers, directors, employees, agents and representatives, for any harm or other damages you may incur as a result of our error in calculating the taxes you owe for your purchases.
Delivery will only be arranged after the order is fully paid. Delivery service is provided by third parties such as DHL. Please note that unless otherwise stated on the Website, the delivery time periods are just estimates, and they are not guaranteed delivery times and should not be relied upon as such.
Delivery of the products shall be CIP (carriage and insurance paid to (named place of destination) in accordance with Incoterms 2010) to the designated location. You shall obtain in due time, any and all approvals, permits, authorizations, licenses and clearances required by the applicable laws for the import of the products to the country where the designated location is, and shall be responsible for any and all additional expenses, fees and charges in relation to such import.
Upon delivery of the products to the carrier, it shall be deemed completion of our delivery, and the title and the risks of damage and loss of the products shall be transferred to you.
Occasionally parcels are returned to us as undeliverable. We will re-dispatch your order but any and all additional charges shall be borne by you.
Additional shipping charges might occur if the parcel could not be delivered to the address you provided in your order, and you shall bear all such additional charges.
You are entitled to issue a written enquiry to us if we have already issued the Shipping Confirmation but failed to deliver the products in accordance with the Shipping Confirmation. You are entitled to cancel the order if we failed to deliver the products to the carrier within 60 days after the receipt of your written enquiry.
The product’s refund policy is specified on the webpage of each product.
DEFECTIVE PRODUCT AND REPAIRS DUE TO PRODUCT ERROR
If your item is defective due to product error (excluding defects under Warranty Limitations) within the warranty period, you may return it to the manufacturer as per there terms of warranty for a repair at your own expense under the terms of the warranty, but without undue delay upon discovery of the product’s defect. A repaired product order will be shipped when the original item is received and processed at our service processing facility. You shall bear the return shipping fees on your own.
Manufacturer warrant the product, its components and labor to be free from defects in material and workmanship under regular uses defined in user manuals and this Warranty during the warranty period. The warranty period of certain product is specified on the page of that product and commences on the date of delivery of the product to the carrier.
This warranty is non-transferable and is enforceable only by the original purchaser. Any product that has not been purchased as new from us or our authorized vendor and/or its associates is expressly excluded from this warranty. This warranty does not apply to products that are obtained as a result of the purchase of a product not sold by us.
We shall not be responsible for any incidental or consequential damages incurred and/or occurred in connection with the product or its purchase. Our responsibility is limited solely to the product itself. We assume no responsibility for any loss or costs due to third party’s or your loss of profit, or any other indirect loss or costs however incurred.
Manufacturer offer no warranty for pre-installed software, its quality, performance, functionality, or compatibility for a particular purpose. Manufacturer do not warrant that the functions contained in the software will meet specific requirements or that the operation of the software will be uninterrupted or error-free. The product is sold “as is”.
To the extent permitted by applicable law, this warranty does not apply to:
This warranty gives you specific legal rights. You may also have other rights granted under law which vary from country to country. Some jurisdictions do not allow the exclusion or limitation of warranties or incidental or consequential damages, so some of the above limitations or exclusions may not apply to you.
In the event of any ambiguity or discrepancy between this clause of the Terms and Conditions and Nagoyacrypto.com After-sales Service Policy from time to time, it is intended that the After-sales Service Policy shall prevail and the Parties shall comply with and give effect to the After-sales Service Policy.
During the warranty period, manufacturer will undertake to repair, or based on their sole discretion, to replace a defective part/component of the product or a defective product by an identical or similar (e.g. newer) version of the part/component of the product or the product, unless the defect was the result of Warranty limitations. The repair of the product is free of charge for the parts, components and labor necessary in order to perform the repair and restore the product’s proper operating condition, provided the unit is returned otherwise undamaged and shipping prepaid, including insurance, to our service processing facility.
The costs incurred in connection with the returning of the product, part, or component to our service processing facility shall be carried by you. If the product, part, or component is returned uninsured, you assume all risks of loss or damage during shipment.
We do not discriminate on the basis of age, race, national origin, gender, sexual orientation or religion.
You acknowledge that the Site contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively “Content”) that are protected by copyrights, trademarks, trade secrets, rights in databases and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work, and we own or license a copyright and/or database right or in the selection, coordination, arrangement, presentment and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or adaptations of, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. You may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right.
Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Site or any information displayed on the Site, through the use of framing, deep linking or otherwise, except: (a) as expressly permitted by these Terms and Conditions; or (b) with our prior written permission or the prior written permission from such third party that may own the trademark or copyright of information displayed on the Site.
NAGOYA CRYPTO and all other marks which may or may not be designated on the Site by a “™” “®” “SM” or other similar designation, are used on this Site under the license of the authorized entity. The graphics, logos, page headers, button icons, scripts, and service names are used on this Site under the license and/or permission of the authorized entity. NAGOYA CRYPTO trademarks and trade dress may not be used in connection with any other product or service, or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits NAGOYA CRYPTO. All other trademarks that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to NAGOYA CRYPTO.
You may not download (other than page caching) or modify the Site or any portion of it without our express, prior written consent. This includes: a prohibition on any resale or commercial use of the Site or its Content; any collection and use of any product listings, descriptions, or prices; any derivative use or making adaptations of the Site or its Content; any downloading or copying of account information for the benefit of another merchant; and any use of data mining, screen-scraping, robots, or similar data gathering and extraction tools. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express, prior written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Site, products offered through the Site, or its associates without our express, prior written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express, prior written consent.
YOUR USER ACCOUNT / AREA
If you use the Site, you are responsible for maintaining the confidentiality of the information of your user Profile / Account name and the corresponding password, and for restricting access to your computer and emails used with account creation. You agree to accept responsibility for all activities that occur from your user Profile and/or in connection with it. We reserve the right to refuse service, terminate accounts and to remove or edit content submitted by you in the user area of the Site.
We are not responsible for the content of any sites that may be linked to or from the Site or any bulletin board associated with us or the Site. These links are provided for your convenience only and you access them at your own risk. Unless otherwise noted, any other website accessed from the Site is independent from us, and we have no control over the content of that other website. In addition, a link to any other website does not imply that we endorse or accept any responsibility for the content or use of such other website.
In no event shall any reference to any third party or third party product or service be construed as our approval or endorsement of that third party or of any product or service provided by a third party.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
The Site is provided on an “AS IS,” “as available” basis. Neither NAGOYA CRYPTO., nor its affiliates, subsidiaries or associates warrant that use of the Site will be uninterrupted or error-free. Neither NAGOYA CRYPTO., nor its affiliates, subsidiaries or associates warrant the accuracy, integrity, or completeness of the Content provided on the Site, or the products or services offered for sale on the Site. Further, NAGOYA CRYPTO. specifically disclaims warranties of any kind, whether expressed or implied, including but not limited to warranties of title, implied warranties of merchantability or warranties of fitness for a particular purpose. No oral advice or written information given by NAGOYA CRYPTO, it affiliates, subsidiaries or its associates shall create a warranty. You expressly agree that your access to, viewing of, browsing, visiting or use of the Site is at your sole risk.
Under no circumstances shall NAGOYA CRYPTO, its affiliates, subsidiaries or associates be liable for any direct, indirect, incidental, special, or consequential damages (including but not limited to loss of goodwill, loss of business, loss of anticipated profits, loss of revenue, loss of contract, or loss of business opportunity) that result from the products, or the use of or inability to use the Site, including but not limited to reliance by a user on any information obtained at the Site, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to NAGOYA CRYPTO records, programs or services. The foregoing limitation of liability shall apply whether in an action at law, including but not limited to contract, strict liability, negligence, willful misconduct or other tortious action; or an action in equity, even if an authorized representative of NAGOYA CRYPTO has been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all Content, merchandise and services available through the Site. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions liability is limited to the fullest extent permitted by law.
The products on our Site are intended for personal, not commercial or business use, unless otherwise indicated. As such, you assume the risk when purchasing products for a commercial or business use or application.