Hinosen 48 Terms of Use

Welcome to Hinosen48.com website ("Site”)! Zen Foods Co., Ltd. (hereinafter referred to as "Company") is a direct sales website operated by Company (the service provided by Company through the site is referred to as the "Service"). The Hinosen48 Terms of Use (hereinafter referred to as the "Terms") are established as follows. In order to use the Site, you must agree to all these terms.

1. (Definitions)

  1. “Product” is a general term for any electronic product, good, service, or privilege.
  2. “The Site" is a general term that encompasses the Hinosen48 website and related services.
  3. "Customer" refers to any person who agrees with the Terms of Use Agreement and makes any use, including browsing, the Site.
  4. "Trademark" refers to any actual trademark, logo, brand name, or trade name of any products.

  5. "Contents" refers to any images, portraits, likenesses, sounds or works that appears on this Site.
  6. "Business Partners" refers to third party business affiliates with whom Company has a contract with in order to provide the Services.

2. (Customer Qualifications, Capabilities, and Rights)

  1. Subject to the terms and conditions of this Agreement and other written agreements, Company hereby grants the Customer a limited, revocable, non-transferable license to access this Site.
  2. Company reserves the right, at its sole discretion, to suspend usage of the website or to refuse delivery of Products based on any of the conditions below.

    1. (1) The Customer does not actually exist.
    2. (2) The Customer provides false, inaccurate information or omissions in the items declared.
    3. (3) The Customer fails to pay the proper amount owed to Company.
    4. (4) The Customer commits any act that impedes upon the business or technical operations of Company or the Site.
    5. (5) The Customer's actions impede the business of Company, its affiliates, or other customers' use of the Site.
    6. (6) The Customer is not of the legal age of majority.
    7. (7) The Customer has violated any portion of this Agreement or other agreements.
    8. (8) All other cases approved by Company.

3. (Shipping)

  1. Company will only deliver to addresses in Hong Kong. Also there are some areas where Company cannot deliver to.
  2. The Customer must use the prescribed form to make any changes in the information reported to Company.
  3. Excluding certain areas, Company will contract with a shipping company to send Products to the Customer. All matters regarding delivery must comply with the delivery company's contracts and policies.
  4. The Customer will bear all shipping charges unless otherwise explicitly stated.
  5. We do not accept redelivery other than the specified date and time as we handle perishables. However, if you are absent, we may leave items to the building manager if they accept or leave these in front of the entrance. SF Express delivery staff will contact you on the day of delivery and will discuss it. In the unlikely event of re-delivery, the actual cost of re-delivery will be borne by the customer.

4. (Reported Items and Matters)

  1. In the even the Customer wishes to change information or matters reported to Company, they must do so without delay using the prescribed form by Company.
  2. Company will send notifications through Email, the Site, or method deemed appropriate by Company.
  3. All notifications by Company will be sent using the contact information given in the prescribed reporting form. Company will consider the message delivered when it is expected to be sent. Company is not liable for any damages or losses that occur as a result of any change in this information.

5. (Information Provision)

The Customer accepts that advertisements and banners will be displayed on all content such as the website and email. The Customer also accepts that Company may send information about its Products by email, fax, direct mail, etc.

6. (Privacy Policy)

  1. Company may use a Customer's personal data for any of the following purposes:

    1. (1) To sell Products, Services, or privileges of Company and/or third parties.
    2. (2) To ship and deliver of Company products.

    3. (3) Invoices and billing requests.
    4. (4) To examine usage.
    5. (5) To manage the Customer's information.
    6. (6) To send mail magazines.
    7. (7) To send advertisements about Company or third-party products (including Email, leaflets, and postal mail).
    8. (8) Notifications necessary for business operations.
    9. (9) To send information regarding seminars or events.
    10. (10) To manage sales campaigns, gifts, and promotions.
    11. (11) To send questionnaires.
    12. (12) To manage our point services and affiliate services.
    13. (13) To provide support for our Products and answer Customer's questions.
    14. (14) Marketing that includes in person interviews.
    15. (15) Statistical analysis of marketing statistics.
    16. (16) To improve Company’s products and services.
    17. (17) System maintenance or to fix system bugs.
    18. (18) To simplify registration or operations of subsidiary companies when the Customer has already registered information with Company.
    19. (19) When entrusted with the handling of Private Information by business partners, to perform the entrusted actions.
    20. (20) To perform obligations or exercise rights as permitted by related contracts, laws, or ordinances

    21. (21) For any other purpose defined in Company's Services.
    22. (22) For any kind of contact, correspondence, or sending related documents or materials.
  2. Company, for the purposes outlined above may use name, address, telephone number, sex, email address, birth date, credit card information, bank account number, purchase history, family information, occupation, position, salary, asset information, hobbies, likes, ID, IP address, page history information as well as access logs, complaints, consultations, inquiries, voice, or portrait if necessary to deliver services.
  3. Company protects the personal information as outlined in the privacy policy. When Company accepts personal information, Company will not use it for any purpose other than outlined above. In the case that Company will use your information for any other persons Company will notify you in advance in all except the following cases:
    1. (1) In the event Company has obtained the consent of the person.
    2. (2) In any urgent case that may affect the person's life, body, health, or assets.
    3. (3) In order to protect children's safety or for the advancement of public health, or other such cases where it is absolutely necessary to use the information, it becomes difficult to obtain the owner's consent.
    4. (4) In order to reply with any court order or criminal investigation.
    5. (5) If requested from a public institution with a valid reason.
    6. (6) When Company entrusts any part of business operations with a third party.
    7. (7) If there is any merger, business transfer, inheritance or other such change, information will be made available to relevant parties.
    8. (8) In order to comply with the Personal Information Protection Law.
  4. Company makes use of browser cookies when a Customer views its Site.

7. (Sales Contract)

  1. This contract is formed when the Customer submits a purchase request by the methods set by Company and Company accepts the request.

  2. The Customer may revise or cancel any order request within the fixed cancel period. However, if the Customer ordered multiple items at once, they cannot cancel only a single item from the order list.

  3. The Customer must pay for the total cost of all products within the fixed period.
  4. The Customer may not transfer nor offer for security any rights given by the Sales Contract.
  5. In the event the Customer fails to pay the cost of the Product by the specified date, Company reserves the right to cancel the Sales Contract.
  6. Company reserves the right to cancel the Sales Contract for any of the following reasons even after accepting the sales contract by sending a cancellation notice to the email of the customer.
    1. (1) The Customer is a minor or does not have proper consent from a legal guardian.

    2. (2) The Customer infringes upon this Agreement or other agreements by Company.
    3. (3) The Customer submitted falsified information or information that contained errors, or deleted statements at the time of submission.
    4. (4) The Customer fails to pay to Company
    5. (5) The Customers payment method is declined or otherwise fails after Company sends a payment method change request.
    6. (6) The Customer causes problems for business or causes a loss in the revenue of Company, other Customers, or other third parties.
    7. (7) The Customer refuses delivery several times or the Customer returns the product without any clear logical reason.
    8. (8) If the Product is out of stock at the Shipping Source, sale is postponed or suspended, or any other case in which he status of the product cannot be confirmed.
    9. (9) Any other reason deemed appropriate by Company.

8. (Delivery of Substitute Items)

  1. It may become impossible to ship planned orders due to changing weather conditions, natural disasters or other unforeseeable accidents or conditions. In this case Company will ship a substitute item or "upgrade item". In some cases Company will replace the Product with a Product of the same type, or same brand name, or made by the same maker. In this case Company will notify the Customer beforehand.
  2. Due to unforeseeable conditions in which it may become impossible to ship the Product, Company reserves the right to cancel any Product or Item that is planned to be shipped to the Customer.

9. (Product Returns and Exchanges)

  1. For only the reasons listed below the Customer may exchange the Product for an identical product, or if a Product of equal value if an identical product exchange is not possible (including Products with differing makers, origins, or Product types). If none of these exchanges are possible the Customer may return the product to Company. For these cases (1) (2) and (3) below, Company will bear the return shipping charges. Company will only accept return request made within 5 days of arrive for items that apply to (2) and (3) below in an unused condition or for fresh items that apply to (1) below
    1. (1) There is a defect in the Product.
    2. (2) The shape of the Product was changed or the Product was stained or damaged due to an accident during delivery.
    3. (3) There is a discrepancy or difference between the Product shipped and the Product ordered by the Customer due to errors by Company (This does not include differences between the Customer's subjective wishes or expectations)
  2. If the Customer notifies Company within 2 days of receiving the product they can return the product due to reasons other than those in each of the preceding part. The Customer will bear the shipping charges. Also Company will only except returns in unused condition.
  3. If approval is granted by Company, Company will grant a monetary refund within a set time as defined by Company. At the time of return shipping Company will pay for the return shipping costs and subtract that from the cost of the Product and return that amount of money to the Customer.
  4. Company shall not be liable for deterioration of product quality and thawing of frozen products due to long-term storage due to customer's convenience.

10. (Prohibited Actions)

  1. When using any Services of Company, the Customer agrees not commit any of the following actions:
    1. (1) Using this Site or our Products for any kind of wrongful purpose.

    2. (2) Violating or infringing the copyrights, patents, trademarks, service marks, design rights, trade secrets, intellectual property rights, publicity rights, portrait rights, or any other propriety rights of Company or its business partners.
    3. (3) Infringing on the assets, privacy, portrait right, or publicity rights of Company, it's Business Partners, or any third party.
    4. (4) Any statement or action that defames, slanders, libels, threatens, discriminates, or damages the image of Company, its business partners, or third parties.
    5. (5) Any action that causes damages or loss of revenue for Company, its business partners, or third parties.
    6. (6) Impersonating any person or entity and using the website.
    7. (7) The act of sending or providing harmful programs such as computer viruses, or the act of recommending them.
    8. (8) Falsifying information or committing perjury on this Site or any other site of business partners or third parties.
    9. (9) Wrongfully using products or services of Company, its business partners or third parties.
    10. (10) Any actions that impede, block, or interfere with the operations or management of this Site and Company.
    11. (11) Violation of laws and regulations, or acts that violate public order and morals.
    12. (12) Any Criminal acts or act that suggests, hints of, or encourages criminal actions.
    13. (13) Any actions that violate this Agreement or other agreements by Company.

    14. (14) Actions deemed wrongful or inappropriate by Company.
  2. If the Company suffers any damages due to the acts falling under any of the items in the preceding paragraph (including the personnel expenses related to the person engaged in the corresponding work and the amount equivalent to other expenses), the Company shall be able to request the customer to compensate the damage incurred.

11. (Disclaimer)

  1. Company does not legally guarantee regarding the content of this Site and the information that customers obtain through this Site, including its accuracy, completeness, usefulness, up-to-dateness, suitability, certainty, operability, etc. Company is not liable for any losses or damages that result to the Customer or any third party.
  2. Company does not legally guarantee the quality or performance of this site to you. Company will not be liable to the customer for any temporary loss, cancellation, defect of this Site etc. and all losses and damages (Including the case where the entered data is lost due to some reason) caused by or related to them.
  3. When the Customer purchases a product from a business partner, the other part of that sales contract is the entity the Customer purchased from; also, Company does not bear any legal responsibilities in such cases.
  4. In the event there are damages caused to the customer caused by hidden defects in a Product or there are damages that occur due to the fault of Company, Company is responsible for up to the same amount as the purchased items for direct damages to the Customer.
  5. Company does not guarantee that the Customer will not receive any computer virus, worm, or other harmful code or application when using the Site.
  6. Company does not guarantee the operation of the software or devices used by the customer when using the Site.
  7. Company is not liable for any kind of internet fees, communication fees, or other transmission charges.
  8. Company is not liable for any damages or losses against Customers that is caused or related to the Customer's use of the Site.
  9. Company is not liable for any damages caused or related to a Customer (including gathering of personal information for wrongful intents). In this case the dispute is between the customers and/or third parties involved.
  10. This Section outlines any all responsibilities of Company. Company, in any case, is not liable for any damages or losses, indirect damages, special damages, or legal fees.

12. (Interruption of Service)

  1. Company, without any prior notice, can suspend all Services or a portion of Services on the Site for any of the following reasons:

    1. (1) System maintenance or updates.
    2. (2) Fire, power outage, natural disaster, war, riot, turmoil, strikes, labor negotiations or any related event.
    3. (3) Difficulty, technical difficulty, or system trouble in offering Services.

    4. (4) Service outage by telecommunications carrier.

    5. (5) Any other technical reason that does not apply to 12.1.2.

    6. (6) Any situation in which a temporary suspension of service is judged necessary by Company.
  2. Company is not liable for any damages to the Customer that result from service interruptions.

13. (Termination or Changes in Service)

Company, may at any time, without any prior notification, update or indefinitely suspend all Services or a portion of Services. Company is not liable for any incurred losses.

14. (Agreement Changes)

  1. Company reserves the right, without any prior notice to Customer, to change or amend this Agreement at any time. When a change is made to this Agreement, Company will make the updated copy available on its Site, and the Agreement will go into effect immediately.

  2. Company reserves the right, without any priory notice to customer, to repeal this Agreement. Company will not be held liable for any incurred losses or damages due to a change, repeal, or deletion in the Agreement.

15. (Governing Law and Jurisdiction)

  1. This agreement complies with Hong Kong Law.
  2. In the event a dispute arises regarding this Agreement, the dispute shall be resolved by the Court in Hong Kong.

Created: 16 July, 2020