Article 2. (Definitions)
Words and terms used in the Terms have the following meanings:
- The term "MRO" stands for Maintenance, Repair, and Operation Products, which include indirect/extra materials (e.g., electrical power tools, bolts, and nuts) and other similar articles.
- The term "User" is the user of the Services and Transactions who has been registered by MonotaRO.
- The term "Agency" is a sales agency who MonotaRO has appointed for User in the process of the use and Transaction of the Services.
- The term "Product" is an article which MonotaRO provides for User through Transactions.
Article 3. (Scope of the Terms)
- The Terms shall apply to every relationship on Services and Transactions between User and MonotaRO.
- If necessary, MonotaRO may set forth additional terms in order to facilitate the smooth operation of the Services and Transactions. The additional terms constitute the Terms upon notification to User .
Article 4. (Changes in the Terms)
MonotaRO shall be able to change any of the Terms if necessary, without obtaining any agreement from User. Any change in the Terms shall take effect immediately after MonotaRO notifies User of the change according to any of the appropriate methods that have been defined in Article 9.
Article 5. (User registration)
In order to use the Services, a prospective User shall agree on the Terms and complete the user registration procedure determined by MonotaRO separately. MonotaRo may refuse the registration of a prospective User (hereinafter referred to as an "Applicant"), as a result of the screening process that MonotaRO has defined. In this case, MonotaRO will not disclose the reason for refusal to Applicant.
Article 6. (Restrictions of the Users)
- Only registered User may use the Services. An Applicant becomes a User upon completion of the User registration.
- Despite the previous paragraph, if it is revealed that the Applicant is inadequate as User after the user registration, MonotaRO may delete the user registration of such User.
Article 7. (Changes in registered data)
Any change in user registration data shall be performed by notifying MonotaRO of the change through the MonotaRO sites. MonotaRO shall not be liable for any damage or inconvenience incurred through the use of Services if the damage or inconvenience is caused as a result of User’s failure to notify MonotaRO of the change in the user registration data.
Article 8. (Management of User IDs, passwords and so on)
- User shall set a password after the user registration has been completed.
- User shall be responsible for the management of User ID and password. If User ID and password is illegally used because of any accidental cause which MonotaRO does not have responsibility, such User who owns such User ID and password shall be responsible for the illegal use. User shall not: make a third party use User ID and password, lend or transfer User ID and password, change the ownership of User ID and password, sell or buy User ID and password, and pledge User ID and password.
- MonotaRO will not compensate for any damage caused by the leak or unauthorized use of User ID and password, except that the damage is caused by MonotaRO. If MonotaRO suffers any damage because of the leak or illegally use of User ID and password that is caused by User, MonotaRO shall be able to seek for compensation for the damage to User.
- If User ID is used without permission by its owner, or if User ID and password is leaked to a third party, its owner shall notify MonotaRO in no time.
Article 9. (Notification methods from MonotaRO to Users)
Notification from MonotaRO to User shall be made by a method which MonotaRO considers to be appropriate, for example, via MonotaRO sites, mobile sites, FAX, e-mail, and mail.
Article 10. (Handling of User information)
- Certain User information, including i) information registered through the user registration and ii) transaction histories regarding the Services will be recorded in the computers managed by MonotaRO.
- MonotaRO will use information such as the registration data of User and transaction histories with MonotaRO for the following purposes:
- To deliver products and provide after-the-sale service
- To send brochures, direct mail (DM), FAX, and e-mail for delivering bargain information regarding MonotaRO's mail-order businesses and other related services/businesses
- About the provision and deposit of personal information
The company name and organization name of a User, and the name, address, phone number, FAX number, birth date, and e-mail address of a parson in charge, which MonotaRO has collected, will never be provided/disclosed to a third party, except such a case that any of the following applies.
- When information including server-registered information described in the previous paragraph is required to operate the Services
- When User agrees in advance that the registered information may be used
- For a business trust company* of MonotaRO where the personal information nondisclosure agreement has been made, when MonotaRO entrusts the handling of personal information within the scope required for accomplishing the utilization purpose that has been disclosed to User, (where a business trust company* is a company such as a courier company which delivers products, brochures, and direct mail (DM), a communication carrier which transfers telephone communications, FAX, and e-mail, a label-printing company which prints destination labels for delivering products, brochures, and direct mail, a credit card company which has been specified by User to pay by card, and a consignment company which collects unpaid money)
- When MonotaRO uses personal information together with a group company of MonotaRO, within the scope required for accomplishing the utilization purpose that has been disclosed to User
- When MonotaRO needs to refer personal information to a personal credit record agency, to check the paying ability of User
- When a credit card company requests MonotaRO to check if a card has been illegally used
- When MonotaRO has to respond to a request for providing personal information from the court, for example, according to the laws and regulations
- When MonotaRO needs to protect the rights or resources of MonotaRO
- When MonotaRO has to protect the benefit of other User
Article 11. (Responsibility of Users)
- User shall satisfy the use conditions of the network in connection with the Services, and observe operation procedures, various agreements, and the Terms. When using the Services, User shall not:
- Use the Services for purposes other than the purchase of MRO products
- Infringe (or doing any action which could lead to the infringement of) any of the copy rights, trademarks, and other rights which i) is owned by a third party or MonotaRO and ii) is related to the information included in the Services
- Interfere with or upsetting the server or networks in connection with the Services
- Obstruct the operations of the Services by any means
- Take a fictitious name, announce himself or herself as a representative for an organization or a company without representation/agency right, disguise an affiliation/partnership with another person or organization, or obtain two or more IDs to use them fraudulently
- Violate any of the Term
s or the laws and regulations, whether by intention or by negligence
- Use User ID or password fraudulently, or make a third party use them
- Tamper with the data provided through the Services, without obtaining permission of MonotaRO
- Use a product at a location other than the country or area where the product has been delivered
- Export a product
- Resell a product
- If User does any of the actions described in Paragraph 1 in this article or if the action of User falls within any of the following items, MonotaRO may expel such User or temporarily suspend the use of the Services. In addition, such User shall lose the benefit of term with respect to all obligations arising from the Services and Transactions, and shall immediately make full payment for the obligations to MonotaRO or its agency.
- If User delays or defaults on the payment of debts resulting from the Services or Transactions
- If a bill or check which User has drawn on or honored is dishonored or payment-suspended
- If attachment, auxiliary attachment, provisional disposition, compulsory execution, bankruptcy, civil rehabilitation, company liquidation, special liquidation, or petition for corporate reorganization for User is filed
- If the financial condition of User worsens, or if there is any objective sign showing that the financial condition of User may worsen
- If MonotaRO judges that User is inadequate as a user.
- User shall take full responsibility for the User's actions to comply with the applicable laws and regulations, and shall not divert a product if such an action violates any of the applicable laws and regulations. All products are subject to Japan's applicable laws and regulations.
Article 12. (Compliance/ Export Control)
- User shall comply with applicable laws and regulations including Japanese laws and regulations on export control. User declares that he or she;
- is not related to the military forces;
- is not related to the production, use, or sale of weapons of mass destruction or conventional weapons;
- will not use a purchased Product for illegal purposes such as production, development, use, or storage of weapons of mass destruction or conventional weapons;
- will not breach applicable laws and regulations including laws and regulations on export control; and
- comply with US re-export controls as they related to US origin goods.
- User is aware that Grainger’s business practices of Grainger group which MonotaRO belongs to prohibit bribery and corrupt behavior in any form. User agrees that it is an independent contractor and it is and shall remain in compliance with all applicable laws that relate to money laundering, terrorism, commercial or official bribery or dealing with government officials (including the U.S. Foreign Corrupt Practices Act and the U.K. Bribery Act). User shall not offer or provide anything of value (cash or cash equivalents, gifts, loans, travel, entertainment, or any other similar benefit) either directly or indirectly to any government official for the purpose of influencing any act or decision in connection with the purchase and resale of the products ordered from MonotaRO. User shall not pay a gratuity, bribe or inducement to any government official, even if it appears customary or consistent with prevailing business practices.
Article 13. (Governmental sanctions and restricted entities)
Customer represents and warrants that it is not designated on, or associated with, any party designated on any of the government restricted parties lists, including without limitation, the U.S. Commerce Department Bureau of Industry and Security (“BIS”) Denied Persons List; Entity List or Unverified List; the U.S. Treasury Department Office of Foreign Assets Control (“OFAC”) Specially Designated Nationals and Blocked Persons List; or the U.S. State Department Directorate of Defense Trade Controls (“DDTC”) Debarred Parties List and
The Ministry of Economy, Trade and Industry ("METI");The foreign End User list;Japan.
Article 14. (Buy and sell agreements, order methods of products)
- After the user registration in MonotaRO, User shall be able to order a product or use the Services. When ordering a product via the Services, User is required to enter User ID and password.
- Any order which User has placed via the Services using User ID and password shall be recognized by MonotaRO as the valid declaration of the User's intention and thus deemed as a legitimate order.
- Any order by User shall be deemed final with respect to the product, date of delivery and price when the order is received by MonotaRO and its processing is finished.
- User agrees that a sell and buy agreement is made final between User and MonotaRO (or its agency notified separately) at the time when the processing of order set forth in paragraph 3 above is finished. However, for certain products specified by MonotaRO, the procedure and method for concluding a sell and buy agreement shall be set separately. User agrees that User cannot cancel or change an order after placing the order.
Article 15. (Method of payment)
- User shall select a payment method from the options offered by MonotaRO when the user places an order, and shall make payment for the order accordingly. User shall pay all the remittance charges (including domestic and international charges).
- User shall agree in advance that if User selects advance payment by a bank transfer and MonotaRO cannot confirm the whole or part of payment for products within 1week after User’s order, the order will be canceled.
- If User selects advance payment by a bank transfer and pays more than the total amount of the order, User shall make a choice between the receipt of a fixed-term coupon for the extra amount or refund through a bank transfer. (If the extra amount is less than the remittance charges, User shall receive a fixed-term coupon for the extra amount.) All the remittance charges for the refund shall be paid by User and be deducted from the refunded amount. In addition, User shall agree in advance that(i)if User doesn’t select the refund method within a year and a half, the extra amount shall not be refunded to User and MonotaRO shall obtain the extra amount and (ⅱ)after the fixed-term of the coupon expires, the coupon shall not be available .
- The refund due to the cancellation described in the paragraph 2 of this Article shall be made in accordance with the paragraph 3 above.
Article 16. (Transfer of title)
Title passes to User upon tender of delivery after MonotaRO receives payment from User.
Article 17. (Shipping policy)
- User is the importer of record and is responsible for complying with all Local laws and regulations for importing products into your country. All orders are shipped under INCOTERMSR 2010 rules as defined by the International Chamber of Commerce. Unless otherwise stated and agreed, the default shipping term is DAP.
Please note the User will have to pay any applicable custom duties, taxes, and import fees upon delivery of items purchased and that these amounts are not included in the total amount presented at checkout. Brokerage charges will be billed to User. All refused shipments will be charged return shipping.
- Any shipping schedule for a product indicated on the brochures, MonotaRO sites or mobile sites shall be construed only as an exemplary schedule. User agrees in advance that the delivery date may change depending on the arrival of the product, stock status, or other unexpected reasons.
- User agrees in advance that MonotaRO shall not ship the products regardless of the schedule provided in the preceding paragraph until MonotaRO can confirm all the payment for the products.
- User agrees in advance that if User's order is not properly processed by the normal operation of MonotaRO because any of the order data or necessary items has not been properly entered or has a typing error, or if there is any unavoidable reason such as a bad transportation condition or bad weather, the year-end and New Year holidays, Japan's holiday, or another unexpected reason, the ordered product may not be delivered by the prescribed delivery date.
- Depending on User's Internet connection environment, a time lag may be generated between the transmission time at User and the reception time at MonotaRO. In such a case, the reception time at MonotaRO shall be the order time by User. For an order by FAX, the time when an operator at MonotaRO enters order data on behalf of User after receiving the order by FAX shall be the order time by the User.
- The delivery of a product is completed when the product is properly delivered to the "delivery address" described in the "confirmation note for ordered contents."
- MonotaRO will not deliver products to a shop of a courier company, private mail box, overseas shipping agency, overseas transferring service provider, army post, or export-banned county.
Article 18. (Consumption tax, custom duty, charge for delivery, charge for cash on delivery, storage fee and other expense)
- The listed prices of products, Services, and charge for delivery, which are described in brochures, MonotaRO sites, and mobile sites, are before-tax prices, and hence consumption taxes and custom duties will be added separately. For products which User has bought, User shall pay consumption taxes and custom duties required in the country of User.
- User shall pay charge for delivery separately, in addition to the payment for products. In addition, User shall pay additional expense incurred for any reason attributable to User including storage fee associated with delay in payment.
- User shall complete payment set forth in the preceding two paragraph within 30 days from shipping date. If MonotaRO cannot confirm payment within 30 days from shipping date, MonotaRO shall be able to refuse User to provide the Services by applying Article 26.2.
Article 19. (Defect of a product, returning a product, refusing the receiving of a product)
- User shall inspect the contents and defects of a product immediately after the product arrives. If a product has a defect, User shall notify MonotaRO by e-mail from the address that User registered at the user registration, within 10 days from the arrival of the product. If MonotaRO does not receive such a notification within 10 days, MonotaRO may assume that the product has successfully passed through User's inspection.
- If MonotaRO receives such a notification, MonotaRO will handle it according to the following:
- If the product has a defect, MonotaRO will decide whether to replace the defected product with a new one or pay back a bill for the product.
- If the quantity is not sufficient, MonotaRO will deliver the insufficient quantity of the product or pay back a bill for the insufficient quantity of the product.
- If the delivered product is not the same as the ordered one, MonotaRO will decide whether to replace the delivered product with the ordered one or pay back a bill for the product.
- If part of the product is not delivered, MonotaRO will decide whether to deliver the part of the product that has not been delivered or pay back a bill for the part of the product.
- If a product already has a defect at the time of delivery, the insurance claim passes to MonotaRO after sending the replacement or paying back a bill for the product based on the preceding paragraph.
- MonotaRO shall have the indemnity liability only for damages to User caused by the defect of a product up to a ceiling of the unit price of the defected product. However, MonotaRO will not have a responsibility for any job-related loss profits of Use caused by an item described in this Article.
- MonotaRO shall accept the return of products that satisfies all the conditions described below except for the product the relevant page of which states no return is acceptable.
- Within 10 days from the arrival of the product, a notification has been sent to MonotaRO by e-mail.
- The product is unopened and unused with no breaches.
- When User returns the product based on the immediately preceding paragraph, MonotaRO will exchange the product, issue a fixed-term coupon, or give a refund for the product by User's choice. Provided, however, that any expenses including transportation charges to return the product shall be paid by User if the return is made for a reason attributable to User.
- Any return of a product shall be made within 10 days from the date the return is accepted, according to a method specified by MonotaRO. If the product is not returned within the above-mentioned time period, MonotaRO may consider that User is not willing to return the product, and hence cancel the request for returning the product and charge the price of the product if any.
- Before returning a product, User shall sufficiently package the product so that the product will endure the transportation. If the product is damaged because of any User's fault, MonotaRO may cancel the request for returning the product and charge the price of the product if any.
- The purchase price for a returned product shall be refunded after the product arrives at the returned product reception at MonotaRO, and the price of the product minus 20% of the price as a restocking fee will be charged, and thus the 80% of the price of the product will be refunded.
- If the product ordered by User is delivered to the "delivery address" described in the confirmation note for the order, and User refuses to receive the product for any reason attributable to User, MonotaRO may require penalty charge equivalent to the price of the product and charge for delivery from User.
Article 20. (Installing and maintaining equipment by User)
- User shall install, at User's own expense, any equipment required for receiving the Services online, including a communication device (with a contract with a carrier), computer, software program, and so on (hereinafter referred to as "User Equipment").
- To receive the Services, User shall maintain User Equipment so that User Equipment will operate properly, by User's responsibility at User's own expense, and shall access web sites via the provider that User has selected.
Article 21. (Copyrights)
In the Services, copyrights of the database as well as those of copyrighted works such as designs and layouts of brochures, MonotaRO sites and mobile sites, and screens where product information is displayed shall belong to MonotaRO. User shall not copy, sell, or publish any information which is obtained through MonotaRO. User shall not use the information that is described in brochures, MonotaRO sites, and mobile sites to provide services similar to the Services or any competitive services.
Article 22. (Exclusionary clause)
- If the delivery of a product is delayed or impossible because of any extraordinary natural phenomenon or the enactment, alternation, or abolition of laws or regulations, traffic accident, reprimand by the exercise of public power, accident during transportation, labor dispute, war, or another unavoidable matter, MonotaRO will promptly notify User. If User suffers a loss because of any of the above-mentioned causes, however, MonotaRO and agencies shall not have a responsibility for the indemnification for the loss.
- MonotaRO pays special attention to security when User enters User's personal information; however, the User should recognize the risk of information leaks even under such a protected environment and agree that the personal information is not necessarily 100% safe.
- Taking into consideration that the Services are provided from Japan, User agrees in advance that products may not conform to the standards of the User's country.MonotaRO and agencies shall not have a responsibility for the indemnification for the loss due to any trouble or injury caused by the difference between the standards.
- User agrees that the product or description and manual for use of the Product(s) may be simplified on the premise that User, as a business operator, has certain knowledge on the Product(s). User also agrees that the package of the Product(s) may be simplified. User shall be responsible for any accident or injury caused by inadequate use of Product(s) as a result of lack of understanding on the characteristics of Product(s).
Article 23. (Dealing with advertisers)
Any communication or transaction regarding advertisement, link, or PR information by User, which are placed on the screen of the Services, shall be made upon the responsibility of the parties concerned, and thus MonotaRO shall have no responsibilities.
Article 24. (Changes in Services, prices, and specifications)
During the effective period of a brochure, flyer and so on, part or all of the Services may be subject to change without any prior notice to User. Prices or specifications of described products may be subject to change or close without any prior notice to User.
Article 25. (Suspending the Services)
MonotaRO may suspend part or all of the Services without any prior notice to User if any of the following items applies:
- If any urgent inspection or update of the Services is required
- If it is difficult to provide the Services because of any accidental forces such as fire, blackout, and natural disaster
- If MonotaRO has to temporarily suspend the Services because of any operational or technical reasons, or if MonotaRO determines that it is difficult to provide the Services because of any contingency situation
Article 26. (Refusing the provision of the Services)
If any of the following causes applies or might apply, MonotaRO shall be able to refuse the provision of the Services even after the provision of the Services is accepted. MonotaRO will pay back a bill for the product if the following causes incurred for any reason attributable to MonotaRO, and MonotaRO shall not be required to pay back it if the reasons are attributable to User. MonotaRO deems following items 2 & 5 attributable to User and item 3 attributable to MonotaRO. Other items are judged on a case-by-case basis by MonotaRO.
- If the whereabouts of User or the delivery address of the product cannot be identified
- If User refuses the receiving of the product
- If the delivery company cannot deliver the product
- If the product is suspended by the customs
- If User violates any of the Terms
- If MonotaRO determines that it is inadequate to provide the Services
Article 27. (Governing laws)
For the enactment, validity, execution, and interpretation of the Terms, Japan's laws shall be applied. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not be applied.
Article 28. (Jurisdiction of agreements)
If any trouble on the Terms occurs, the Osaka District Court shall be appointed as the exclusive agreement jurisdictional court of first instance.
Article 29. (Subject of discussion)
For any subject which has not been defined in the Terms and any article described in the Terms, if any question arises in the interpretation of such a subject or article, the User and MonotaRO shall negotiate in good faith to come to a settlement.
Revision date of the Terms: June 22, 2016