These terms and conditions (the “Terms and Conditions”) apply between you and Kitamura Co., Ltd. (“Kitamura”) when Kitamura receives a prescribed fee (“Service Fee”) from you and provides services (“Services”) such as inspection, repair, and replacement of defective parts of an Apple device (“Device”) as defined in Article 1.
Please read the Terms and Conditions carefully as they constitute a contract between you and Kitamura ("Agreement").
1. Kitamura provides the Services to the Device that you rightfully use or possess and that it finds appropriate.
2. Despite the provision of the preceding clause, Kitamura may not provide the Services if any of the following items apply.
(1) Unauthorized repairs or modifications, which have not been approved by Apple Japan G. K. or its affiliates ("Apple"), have been done to the Device.
(2) You do not have the right capacity, legal capacity, etc. to apply for the Services.
(3) You are a minor and have not obtained permission from your parent or legal representative.
(4) Your agent who applies for the Services fails to prove that you have given him/her the authority by the power of attorney or other instrument.
3. You represents and warrants that none of the above items of the preceding clause apply, and shall prove it if requested by Kitamura.
4. If Kitamura starts the Services and finds that the Device falls under any of the preceding items, Kitamura may suspend the Services and charge you a prescribed total loss.
1. In order to provide the Services, Kitamura may delete all data, applications, and settings saved in the Device. Please back up the data, etc. or take other precautionary measures before applying for the Services. Kitamura is not liable for any data loss.
2. Please remove the covers, cases, straps, protective seals, decorations, and all the other accessories from the Device before applying for the Services. If they are not removed, Kitamura may cancel the Services or discard of the accessories at its discretion.
3. If Kitamura replaces all or part of the Device in the course of the Services, the replaced parts may not be returned.
4. In the course of the Services, Kitamura may connect the Device to the Internet. The communication costs and basic charges incurred during the Service provision period shall be borne by you.
1. To apply for the Services, please confirm the quote presented by Kitamura ("Quote") as well as the Terms and Conditions, and provide Kitamura with the Device.
2. The Agreement is formed when Kitamura proceeds with the Services following the application prescribed in the preceding clause.
3. You may not terminate the Agreement for your own reason once the Agreement has been formed.
1. Kitamura shall determine the Service Fee (including repair fees and other costs) and state it in the Quote.
2. Kitamura shall inspect the damages or failure of the Device and determine what Services they can provide and how much it would cost. If the Service Fee is found to exceed the Quote after the inspection, Kitamura shall contact you and, if agreed, start providing the Services.
1. Kitamura is not required to prepare a replacement device while it keeps the Device.
2. Notwithstanding the provision of the preceding clause, if a replacement device is prepared at Kitamura's discretion, the terms and conditions will be determined separately by Kitamura.
1. If Kitamura determines that the Services cannot be provided (including, but not limited to, the cases where Article 1 (2) applies and where your agreement cannot be obtained in Article 4 (2)), the Services are canceled and the Device is returned as it is.
2. If Kitamura discontinues the Services, no Service Fees shall be charged, unless otherwise specified (including, but not limited to, Article 1 (4)).
3. Kitamura is not liable for any damages caused by its suspension of the Services. However, should Kitamura's intentional or gross negligence cause you damages, the provision of Article 12 shall be applied.
1. The return date is stated on the Quote only as a guide. Kitamura does not guarantee the delivery on the date and is not liable for any delay of returning the Device.
2. When the Services are complete or canceled, the Device shall be returned at the shop where it was left to the Services in exchange for the receipt issued by Kitamura ("Receipt"). However, the Device shall be returned, if any of the following items apply.
(1) Your identity is confirmed with photo-identification (a driving license, etc.).
(2) Your identity is confirmed with two or more forms of non-photo-identification (a health insurance card, residency card, etc.).
3. If a third party presents the Receipt and receives the Device, Kitamura is not liable for any damages caused to you.
4. At the completion of the Services, Kitamura fully inspects the operation of the Device (or a replaced device). When the Device is returned, please make sure that it is yours and works properly by yourself. If everything is fine, sign for receipt.
5. Kitamura, in principle, does not return the Device by mail. However, if it deems necessary, Kitamura may send the Device at your expense to the address that was given when you applied for the Services. Please note that, in this case, the result of the Services cannot be explained.
6. In the case of the preceding clause, Kitamura is regarded to have fulfilled its obligation to deliver the Device to you by handing it over to a delivery agency.
7. Kitamura may refuse to return the Device until you have paid the Service Fee and all the other costs you may have to pay under the Agreement.
1. If the Device is not picked up within 90 days after the notification of the completion or cancelation of the Services, or if Kitamura cannot communicate with you for 90 days (including the case stated in Article 10 (2)), Kitamura may dispose of the Device in the prescribed manner.
2. Kitamura is not liable for any damages caused by external factors such as natural disasters, communication line problems, and other unforeseen events.
1. Kitamura repairs the Device again for free of charge if a problem caused by the Services is reported within 90 days from the date of returning the Device and Kitamura acknowledges the necessity of repair.
2. Despite the provisions of the preceding clause, even if it is within the warranty period, the Service Fees shall apply in any of the following cases.
(1) The Device breaks down or is damaged due to an error in your use or management, external attacks, or improper repairs or modifications.
(2) The Device breaks down or is damaged due to an accident during transportation after the Services are completed.
(3) The Device breaks down or is damaged due to unforeseen events such as natural disasters or computer virus infection etc.
1. If you change your address or contact information due to relocation, etc. before the Services are completed, you shall provide the new address to Kitamura immediately.
2. Mail and other delivery items from Kitamura are deemed to have been delivered by the fact that Kitamura has posted them to the reported address even if they fail to reach you. This also applies to communication by telephone.
1. Kitamura shall only use your personal information for the purposes listed below, and shall not use it for any other purpose except as required by law.
(1) To provide the Services
(2) To contact you about the Services
(3) To respond to inquiries from you
(4) To deliver the Device
(5) To improve the services and product quality
1. Kitamura's liability for the fulfillment of the Agreement is limited to the matters and contents set forth in the Terms and Conditions, unless Kitamura has intentional or gross negligence. Kitamura is not liable for any special damages (even if Kitamura is advised of the possibility of such damages), lost profit, claim of or demand by any third party or damages caused by the fact that you were not able to use the Device due to failure etc.
2. If Kitamura is liable for damages caused in accordance with the execution of the Agreement, the amount of compensation shall be the lower amount between the repair cost of the Device and the price of an equivalent alternative device, unless Kitamura has intentional or gross negligence.
3. If Kitamura is held liable by a third party for damages caused by your violating the Terms and Conditions or other reasons attributable to your actions, you shall resolve these claims at your own expense and shall not cause any inconvenience to Kitamura. In this case, you are liable to Kitamura for all the damages caused if any (including, but not limited to attorney fees).
If it is deemed to be in your general interest or reasonable in response to social situations, Kitamura may change the Terms and Conditions at any time after providing notification of the contents and date of the changes, without your individual consent.
1. If requested legitimately by a public agency (including, but not limited to, police or a court) to inspect or hand over the Device, Kitamura may provide it to the agency through a formal procedure.
2. If any event not stipulated in the Terms and Conditions happens, Kitamura shall make a decision based on the principles of good faith.
3. The Terms and Conditions written in Japanese are authentic texts and have the effect of a contract. Their English translation is only for reference and has no contractual effect.
The Agreement is governed by the laws of Japan. In the event of a dispute between you and Kitamura concerning the Agreement, the Tokyo District Court or Osaka District Court shall have exclusive jurisdiction over the first instance.
The Terms and Conditions are effective from 05, 01, 2020.
February 1, 2021 amendment (Change of courts of jurisdiction)