THESE TERMS CREATE A BINDING LEGAL CONTRACT BETWEEN YOU AND EXBI. BY USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU MUST NOT USE – AND ARE NOT AUTHORIZED TO USE – ALL OR ANY PORTION OF THE SERVICES.
1.1 The services are offered by EXBI to enable you to see, experience and learn more about Japanese old and pop culture such as traditional culture, anime, manga, illustration, cosplay, music, etc and to engage with other fans of such culture. Through the Services you will be exposed to a wide range of information, including, possibly, photographs, communications, music, videos, artwork, messages, and merchandise (collectively, “Content”). Some of the Content may be provided by us while other Content may be provided by other users of the Services or third party merchandisers (each a “User” and, collectively, “Users”). Content provided by Users, including any public postings or communications with other Users of the Services, is, collectively, “User Content.”
1.2 Changes to these Terms. The Website and all Services (but not the Third Party Sites) are owned and operated by EXBI. EXBI reserves the right to revise these Terms in its sole discretion at any time and without prior notice to you other than by posting the revised Terms on the Website. Any revisions to the Terms are effective upon posting. The Terms will be identified as of the most recent date of revision. It is incumbent upon you to visit this page periodically to ensure your continued acceptance of these Terms. Your continued use of the Services after a revised version of these Terms has been posted by EXBI to the Website constitutes your binding acceptance of such revision and the revised Terms. Notwithstanding the preceding sentences of this Section 1.2, no revisions to these Terms will apply to any dispute between you and EXBI that arose prior to the date of such revision.
1.3 Evolving Nature of Services. The Services are continually under development and changes to the Services may be made at any time. If you disagree with the Terms or are in any way dissatisfied with the Service, we hope you will let us know by sending a message through email: [email protected], but your sole remedy is to discontinue your use of the Services.
1.4 Consideration. You understand and agree that these Terms are entered into in consideration of your use of the Services and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged.
2. USE OF THE SERVICE
EXBI may provide the Services through the Website, Applications, Third Party Sites, other channels owned or operated by or on behalf of EXBI, and any other media or channels now known or hereafter developed, including, but not limited to, in conjunction with other products or services offered by third parties.
The Services may require that you agree to additional terms and conditions, including those of Third Party Sites. Any terms and conditions required by EXBI for use of any portion of the Services offered by EXBI (but not those of any Third Party Site) will, unless otherwise expressly stated in such terms, supersede these Terms in the event of a conflict only as to the services with respect to which those terms relate.
3.1 General. You are solely responsible for all User Content you submit to or through the Services. You must not upload or transmit any User Content to or through the Services or to us through email that you consider to be confidential or proprietary or the rights to which have not been cleared by you. Any User Content uploaded, linked to, or transmitted to or through the Services or to us via email will be considered non-confidential and non-proprietary, and treated as such by us, and may be used by EXBI any purpose or disclosed by us to any third party with or without notice to you and without any liability by us.
3.2 Clothing Design. Pictures and photos we are uploading as product’s details will not be shared as design file (such as .psd, .cdr, etc), so it is prohibited to ask for the original file without any agreement between you and EXBI before. The agreement (e.g. as EXHI reseller) can be received after registering yourself and accepted officialy by EXBI as reseller.
3.3. Articles and photos. Any articles and photos were shared by EXBI are owned by EXBI which is cannot be freely copied to your own media or any other third parties (including blog, media social acoounts, etc). We’re welcoming you who want to share the articles and photos by adding credits of EXTALIA HOBBIES in the end of the links or articles.
4. EXTALIA HOBBIES ONLINE STORE
4.1 Products sold by EXBI.
(a) EXBI may offer products (“Products”) for sale on a subdomain of the Website (the “EXTALI HOBBIES”) including both physical and digital goods. The price for each Product shall be displayed at the point of purchase. You shall be responsible for the payment of any Product purchased by you (each such purchase, a “Transaction”), as well as any shipping costs, taxes or other fees associated with Products.
(b) Figures and Goods
Most of the products sold were not produced by EXBI. We just receiving from manufacturers (depending on goods, most of them are from Japan and China). We never open the box of goods so it will stay MIB. Right after you finish the payment, we’re packing and handling the order to you through courier you have chosen while submitting your order. If there is any faulty on the product, we’re not accepting refund, but for displacement and more solution please contact us through email: [email protected] (see Tems 4.2.d)
Products without ‘Extalia Premium Labels’ were not manufactured by EXBI. Sometimes the size label was not tied, but our controlling team has been checking all products without sending it, so if there is any problem such as you feel that the cloth does not fit to your body, you cannot ask us to replace or asking for refund. More carefully while choosing the right size in ordering session.
Display pictures are mock up and design only. The real product maybe not exactly same, but we guarantee 95% similarity.
All products with Extalia Premium Labels were manufacture by EXBI itself which the quality is controlled stricly by our team.
(a) Currency. All charges and payments for Products will be made in Indonesian Rupiah (IDR) and U.S. currency (USD) unless otherwise specified. Currency exchange settlements and foreign transaction fees are based on your agreement with your credit card, debit card or other payment method provider.
(b)Methods of Payment. Purchases of Products through EXBI can only be made using an approved payment mechanism. You must be authorized to use the payment method used to make purchases through the Services. All purchases of Products made through the Services will be confirmed by an e-mail sent to the e-mail address (informed by filling the Order Form). If you have any questions regarding any purchase confirmation you receive, please direct your questions to email: [email protected] Please confirm your payment by filling this form: PAYMENT CONFIRMATION. Your order will not be processed if we has not receive your payment confirmation.
(c)Prices. Published prices do not include taxes (outside Indonesia), duties or shipping and may be changed without notice at any time. You agree to indemnify and hold EXBI harmless from any claims by any taxing authority arising out of your purchase of Products through the Services.
(d)Refunds. All sales of Products are final, and EXBI does not offer refunds for any purchased Products. If any Product purchased by you is corrupted or otherwise damaged, then please contact us through email: [email protected] for assistance in receiving a replacement, to the extent EXBI offers a replacement for such product in its sole and absolute discretion.
(e)Cancellation of Payments and Purchases. Payments and purchases may not be cancelled by you, except as required by law. However, EXBI reserves the right to refuse or terminate any purchase or attempted purchase at any time in its sole discretion. You understand and agree that if you authorize a Transaction with your credit card, debit card or other payment method, but your charge is rejected for any reason, there may be a hold on your use of that transaction amount for several days.
(f)Coupons. EXBI may offer coupons (“Coupons”) from time-to-time. The terms of Coupons, such as the expiration date, will be set forth on the face of the applicable Coupon. Coupons are not redeemable for cash.
(a) Title. Risk of loss and title for physical Products purchased from the EXBI Store pass to you upon delivery of such Products to the carrier. You are responsible for filing any claims with carriers for damaged or lost shipments. Title to digital Products that you buy will pass to you upon delivery of the Products. The purchase of a Product shall not transfer any intellectual property rights in any Products unless specifically noted.
(b) Shipping. When you place an order for a physical Product through the EXBI Store, the Product will be shipped to the address you designated at the time of purchase.
(c) For shipping to all area in Indonesia, we let customer choose the courrier and inform the shipping fee after ordering form was done. Shipping for bigger dimension goods can be requested to use cargo facilities to cut the shipping fee.
(d) For customer overseas, we are provide EMS and Airmail for sending items. The shipping fee will be informed in order details sent through e-mail after ordering session was done.
4.4 OUT OF STOCK and PRE ORDER DROPPED
(a) Our products are fast-moving products. We are enable to cancel your order if the stock is out of stock. If you have done the payment for the unavailable stock, we’ll contact you to discuss about refund.
(b) For some urgent reasons, sometimes we announce of Dropped PreOrder for one or two designs after Pre Ordering Session was closed. We will contact you to discuss about refunding the payment.
5. PROHIBITED ACTIVITIES
In using the Services you agree not to:
(a)Create a false identify or impersonate another person or entity in any way;
(b)Upload or otherwise transmit to or through the Services any information or content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (c)Upload or otherwise transmit to or through the Services ;any unlawful, false, misleading, harmful, harassing, defamatory, threatening, vulgar, sexually explicit, hateful or otherwise objectionable material of any kind;
(d)Upload or otherwise transmit to or through the Services any material that can cause harm or delay to the Service or computers of any kind;
(e)Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise);
(f)Restrict, discourage or inhibit any person from using the Services, disclose personal information about a third person on the Service or obtained from the Services without the consent of such person, or collect information about users of the Services;
(g)Undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of any aspect of the Services or any part thereof, or attempt to do any of the foregoing, except and solely to the extent permitted by these Terms, the authorized features of the Services, or by law, or otherwise attempt to use or access any portion of the Services other than as intended by EXBI;
(h)Gain unauthorized access to the Services, to other users’ accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Services;
(i)Reproduce, distribute, publicly display, publicly perform, sell, trade, resell or exploit any portion of the Services, use of the Services, access to the Services or User Content obtained through the Services, for any purpose other than expressly permitted by these Terms, including, by way of example and not limitation, by doing or engaging in any of the following without EXBI’s express written consent:
(j)copying, caching or reformatting any materials accessed through the Services for commercial purposes in any fashion whatsoever, whether by copying to physical or electronic media for purposes of buffering delivery or converting transmissions from the Services to alternative delivery formats;
(k)using any trademarks, service marks, design marks, logos, photographs or other Content belonging to EXBI or obtained from the Services.
(l)Post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Services or communications equipment and computers connected to the Services;
(k)Remove, disable, damage, circumvent or otherwise interfere with any security-related features of the Services, features that prevent or restrict the use or copying of any part of the Services or any Content (including User Content) accessible on or through the Services, or features that enforce limitations on the use of the Services or any Content accessible on or through the Service;
(l)Use any scraper, spider, robot or other automated means of any kind to access the Services, except and solely to the extent permitted by these Terms and the features of the Services, deep-link to any feature or Content (including User Content) on the Service, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Service;
(m)Interfere with or disrupt the Services, networks or servers connected to the Services or violate the regulations, policies or procedures of such networks or servers;
(n)Assist or permit any persons in engaging in any of the activities described above.
6. LINKS TO THIRD PARTY
6.1 Links. The Services provide links to Third Party Sites. These links are for convenience only. If you use these links, you will leave the Services. EXBI is not responsible for the availability of or the content provided by these Third Party Sites, or for any viruses or other damaging elements encountered in linking to a Third Party Site, whether or not EXBI is affiliated with the owners of such Third Party Sites. In addition, the linking to Third Party Sites is not an endorsement or approval by EXBI of the organizations owning, operating, or sponsoring such Third Party Sites or their products or services. These Terms do not apply to Third Party Sites, and you should review applicable terms and policies, including any relevant privacy policies, associated with any Third Party Sites. Notwithstanding the immediately preceding sentence, the use of any portion or feature of the Services available on or through a Third Party Site will continue to be subject to these Terms.
6.2 No Liability for Third Party Sites. YOU AGREE THAT EXBI WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS YOU MAY HAVE ON OR THROUGH A THIRD PARTY SITE OR AS THE RESULT OF THE PRESENCE OF ANY THIRD PARTY ADVERTISING ON THE SERVICE.
For further information
(email) [email protected]