TERMS

This website https://atarashihq.com/ (the “Site”) is provided to you free of charge. The terms “you”, “your” and “your” refer to anyone accessing, viewing, browsing, visiting or using the Site. The terms “we”, “us”, “our” and “Atarashi Chiheisen Co., Ltd.” refer to Atarashi Chiheisen Co., Ltd. and its affiliates and/or subsidiaries. We reserve the right to change the nature of this relationship at any time and/or revise these Terms and Conditions from time to time in our sole discretion. In this regard, you should periodically review these Terms and Conditions. Changes will not apply to orders already accepted by us, except as required by law. If you violate any of the terms of these Terms and Conditions, your access will be revoked and you may be permanently banned from accessing, viewing, browsing and using the Site. Your access, viewing, browsing and/or use of the Site after we post changes to these Terms and Conditions constitutes your acceptance and agreement to those changes, whether or not you have read them. We will notify you at the top of this page when we last updated these Terms and Conditions. By accessing the Site, you signify your acceptance of these Terms and Conditions. If you do not agree to be bound by these terms and conditions, please do not access the Site.

HOW TO ORDER ONLINE

After you place your order, you will receive a confirmation email from us confirming that we have received your order.

After we receive your payment, we will send you an email notifying you that we have received your payments with the heading “Order Paid”. We reserve the right to cancel your order if we do not receive your payments within the period we specify.

Please note that these emails do not mean that your order has been accepted or confirmed. Your order represents an offer to us to buy the product.

All orders are subject to acceptance by us and we will confirm this acceptance by sending you an email confirming the shipment of your order with the title “Order Shipped”.

You can view the status of your order at any time by logging into your user account that you created when you first placed your order on our Site.

We will accept your order, and a contract will be formed with us only when we send you confirmation of shipment. The contract will only apply to those goods whose shipment we have confirmed in the shipment confirmation. We are not obligated to ship any other goods that may have been part of your order but are not included in the shipment 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 cancel our acceptance and cancel your order if:

  • There has been an obvious error in price;
  • The merchandise probably cannot be shipped to the address indicated due to a change in the customs or import controls of a particular country or other force majeure circumstances; or
  • The item is no longer in stock with us or with our third party service provider.

Please do not place your order with anyone or anyone claiming to be an official representative of our company via email, Skype or any website other than the Site. This may be a fraud, and in such cases, your confirmed order may never be delivered. We are under no obligation to fulfill such an order, we will not be responsible for providing any compensation in such cases, and we will not be liable for any loss or damage arising in such cases.

PRICES AND AVAILABILITY

Prices and availability on the Site are subject to change without notice. Errors will be corrected when discovered. Despite our best efforts, products listed on our Site may be out of date. We usually check prices as part of the shipping procedure, so if the current price of the product is less than the listed price, we will charge you less when we ship the product to you. If the current price of the product is higher than the price listed on our Site, we will usually, at our discretion, either contact you for instructions before shipping the product or reject your order and notify you of such rejection. We are not obligated to provide you with an item at an outdated (lower) price, even after we have sent you an order receipt or payment receipt, if an error in pricing could reasonably be recognized by you as an error in pricing.

Prices for products on the Site are set in U.S. dollars. Payments for Orders are accepted in Bitcoin only.

In some cases, you may place an item in your shopping cart and submit your order for processing, but your order will subsequently be cancelled due to out of stock. You acknowledge that items may sell quickly, and it may take some time after you submit your order but the item is no longer available. You agree that we may cancel your order upon receipt of your order confirmation or payment receipt without penalty. In very rare cases, you may receive a shipment confirmation from us, but the item is no longer available in our inventory or that of our third party service provider. You agree that we may cancel our consent and cancel your order without penalty if we are unable to ship the item you ordered because it is unavailable.

SHIPPING SERVICE

Delivery will be arranged only after full payment of the order. Third parties such as DHL, UPS, Fedex provide shipping services. Please note that unless otherwise indicated on the Website, delivery times are only approximate and are not guaranteed delivery times and should not be relied upon.

Subject to the limitations set forth below, delivery of products is subject to CIP (Carriage and Insurance Paid for as defined in Incoterms 2010) to the location specified. You must timely obtain all approvals, permits, authorizations, licenses and clearances required by applicable law to import products into the country of the designated location and be responsible for any and all additional charges, fees and costs associated with such imports.

Limitations of cargo insurance coverage:

Cargo insurance coverage provided by Atarashi Chiheisen Co., Ltd. is subject to the following limitations and exclusions:

Exclusions:

  • Loss or expense due to willful misconduct of the Insured
  • Ordinary leakage, ordinary loss of weight or volume, or ordinary wear and tear of the insured item:
  • Loss or expenses caused by insufficient or unsuitable packing or preparation of the insured object (for the purpose of this paragraph, “packing” shall be deemed to include packing in a container or hoist, but only if such packing was done before the conclusion of this insurance or by the Insured or his servants)
  • Loss or expense caused by the inherent defects or nature of the insured object
  • Damage or costs directly caused by delay, even if the delay is caused by a risk against which the insurance is insured (excluding costs to be paid)
  • Loss, damage or costs arising from the insolvency or financial insolvency of the owners, managing charterers or operators of the ship
  • loss, damage or expense arising from the use of any weapon of war using atomic or nuclear fission, and/or fusion, or other similar reaction, or radioactive force or substance.
  • Loss, damage or expense arising from the unsuitability of a ship or vessel, container or hoist for the safe transport of the insured object, if the insured or his servants are aware of such unsuitability or unsuitability at the time of loading the insured object.
  • Insurers waive any breach of implied warranty of seaworthiness of the vessel and the suitability of the vessel to carry the insured object to its destination, unless the insured or his servants were aware of such unsuitability or unsuitability.
  • Loss, damage or expense caused by (1) war, civil war, revolution, insurrection, riot or civil commotion arising therefrom, or any hostile action by or against a belligerent power, (2) seizure, seizure, arrest, restraint or detention (except piracy) and its consequences or any attempted threat, (3) ownerless mines, torpedoes, bombs or other ownerless implements of war.
  • Losses, damages or expenses caused by strikers, locked-out workers or persons engaged in labor disturbances, riots or civil unrest resulting from strikes, lockouts, labor disturbances, riots or civil unrest caused by any terrorist or any person acting for political reasons.

In the event of any discrepancy between these Terms and Conditions and the Atarashi Chiheisen Co., Ltd. cargo insurance policy regarding coverage, the then-current Atarashi Chiheisen Co., Ltd. cargo insurance policy shall prevail and Atarashi Chiheisen Co., Ltd. shall provide you with the then-current coverage.

Upon delivery of the products to the carrier, our delivery shall be deemed completed and title and risk of damage and loss of the products shall pass to you.

UNDELIVERABLE PACKAGES

Sometimes packages are returned to us as undeliverable. We will re-ship your order, but any additional charges (“Return Charges”) will be borne by you. If you wish to contact Atarashi Chiheisen Co., Ltd. for assistance in re-delivering such Product(s) or to assist in any other way, and if Atarashi Chiheisen Co., Ltd. in its sole discretion chooses to provide such assistance, you must also pay to Atarashi Chiheisen Co., Ltd. an administrative fee in accordance with Atarashi Chiheisen Co., Ltd. then-current internal policies.

Invalid Address. If the address you provide is incorrect or outdated, the package will generally be returned to us by the carrier or delivered to the unintended recipient. Please double-check the address carefully when placing your order.

  • Invalid address format. If our system does not recognize the address entry method, the parcel may be assigned to a carrier that cannot deliver to that address.
  • Unsuccessful delivery attempts. Most of our carriers make more than one attempt to deliver a parcel. If they find that they cannot successfully deliver your package, the package will be returned to us.
  • Recipient Refusal. A gift recipient who is not expecting a gift may refuse the parcel if they believe it is being delivered to them in error.
  • Unintelligible address. In rare cases, address stickers may become illegible during shipping. In this case, the carrier will return the package to us.
  • Damage in transit. If the parcel is damaged on the way to you, the carrier may return it without attempting delivery.

If the package cannot be delivered to the address, you provided on your order, there may be additional shipping charges and you must bear all of these additional costs.

LOST PACKAGE

You have the right to send us a written request if we have already issued a shipment confirmation but have not delivered the item as per the shipment confirmation. You have the right to cancel your order if we have not delivered the item to the carrier within 60 days of receiving your written request.

DEFECTIVE MERCHANDISE AND REPAIRS DUE TO MERCHANDISE ERROR

If your product is defective due to product error (other than defects under the Warranty Limitations) during the warranty period, you may return it for repair at your expense, in accordance with the terms of the warranty, but without undue delay after discovery of the defective product. The order for the repaired product will be shipped after receipt and processing of the original product at our service center. You must pay the cost of return shipping yourself.

CASH REFUNDS

All funds paid at the time of purchase will be refunded.

WARRANTY PERIOD

6-12 months from the date of shipment.

WARRANTY LIMITATIONS

We make no warranty on the pre-installed software, its quality, performance, functionality or compatibility for a particular purpose. We 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 cover:

  • Normal wear and tear;
  • Damage caused by accident, abuse, misuse, neglect, mishandling or improper installation;
  • damage or loss of product caused by excessive physical or electrical stress, including but not limited to moisture, corrosive environment, voltage surges, extreme temperatures, transportation or abnormal conditions of operation;
  • Damage or loss of the product caused by acts of nature, including but not limited to floods, storms, fires, and earthquakes;
  • Damage caused by operator error or failure to follow the instructions in the accompanying documentation;
  • Modifications by persons other than us, associate partners or authorized service centers;
  • Products on which the original software has been replaced or altered by persons other than us, associate partners or authorized service centers;
  • Counterfeit products;
  • Corruption or loss of data due to incompatibility with current and/or future versions of the operating system, software and/or hardware;
  • Damage or loss of data caused by improper use and behavior not recommended and/or not authorized in the product documentation;
  • Product failure caused by use of products not supplied by us;
  • Combustion of hash boards or chips.

This warranty gives you certain legal rights. You may also have other rights provided by 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.

CONFLICT WITH THE SALE AGREEMENT

In the event of any ambiguity or inconsistency between the Terms and Conditions and any future sales contract between the parties, it is intended that the provisions of the sales contract shall prevail and the parties shall honor and give effect to the sales contract.

DISCRIMINATION

We do not discriminate based on age, race, national origin, gender, sexual orientation or religion.

USE BY MINORS

We require that all purchases be made by persons who are not minors and can legally enter into binding contracts (usually persons 18 years of age or older, depending on where you live), and you represent and warrant that you are not a minor and can legally enter into binding contracts.

FORCE MAJOR

We will not be liable for any delay or failure to perform any obligation if the delay or failure results from any cause beyond our reasonable control, including acts of God, labor disputes or other industrial disturbances, power or electrical outages, utility or other telecommunications failures, earthquakes, storms or other natural disasters, lockouts, embargoes, riots, government actions or orders, acts of terrorism or war.