Terms and Conditions
Welcome to SWANS’s website and online shop, owned and operated by YAMAMOTO KOGAKU CO., LTD. and its affiliates (“SWANS”, “we” or “us”)!
SWANS has subcontracted the operation of certain aspects of the Site to Lingble Pte. Ltd. (“Lingble”). This includes payment processing, hosting, customer care and delivery logistics.
The notices, terms, and conditions set forth in this agreement (this “Agreement”) govern your use of this website and SWANS’s services, applications, content and products (collectively, the “Website” or the “Site”). Accessing, browsing, placing orders or otherwise using the Site constitutes your agreement to follow and be bound by all the terms and conditions in this Agreement, so please read it carefully before proceeding. If you do not agree to the terms and conditions in this Agreement, you should not access or use the Site.
SWANS reserves the right to change the Site and this Agreement at any time without notice.
Use of the Site
You represent and warrant that you are at least 18 years old or, if you are between the ages of 13 and 17, inclusive, you are visiting the Site under the supervision of a parent or guardian. Subject to the terms and conditions of this Agreement, SWANS hereby grants you a limited, revocable, non-transferable, and non-exclusive license to access and use the Site by displaying it on your Internet browser only for the purpose of shopping for personal items or services sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by SWANS in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile, or otherwise exploit this Site or any portion of it unless expressly permitted by SWANS in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by SWANS in advance. SWANS reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if SWANS believes that customer conduct violates applicable laws or is harmful to SWANS’s interests.
You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes upon the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is incomplete, false, inaccurate or not your own; (c) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law or otherwise violate any city, state, national or international law or regulation, or that would fail to comply with accepted Internet protocol; (d) communicates, transmits or transfers (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of any applicable export control laws; or (e) attempts to interfere in any way with the Site’s, Lingble’s or SWANS’s networks or network security, or attempts to use the Site’s service to gain unauthorized access to any other computer system or otherwise includes any bugs, viruses, worms, trap doors, Trojan horses, or other harmful code or properties. SWANS may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and SWANS has no obligation to investigate the authorization or source of any such access or use of the Site.
You will be solely responsible for all access to and use of the Site by anyone using the password and identification originally assigned to you whether or not such access to and use of the Site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify SWANS or Lingble of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security. You acknowledge that SWANS and Lingble cannot and will not be liable for any loss or damage from your failure to maintain the security and confidentiality of your account and password.
We and Lingble reserve the right to discontinue or suspend your access or use of the Site, without notice, if (i) we or Lingble reasonably deem you have violated the terms and conditions of this Agreement, or (ii) we or Lingble reasonably deem such a measure necessary for security reasons.
Purchases on the Site
By submitting your order for the purchase of products or services on the Site, you acknowledge that you have carefully read and accept the terms and conditions in this Agreement, and you may print or store a copy thereof for your own personal use.
After placing an order, you will receive an email from us acknowledging that we have received your order and giving you an order reference number. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a product or service. All orders are subject to acceptance by us. We are not obliged to accept your order and may, at our discretion, decline to accept any order for any reason. If we decline the order, we will inform you by email as soon as possible and in any case within 7 days from the date you submitted the order. You do, however, acknowledge that by purchasing a product or service on the Site, you enter into an obligation to pay for such product(s) (“Product(s)”) and/or service(s) (“Service(s)”). In the event we accept your order, we will confirm such acceptance by sending you an email that confirms that the Product(s) or Service(s) purchased has been shipped (“Shipping Notification”). The contract between you and us in relation to the product(s) or service(s) ordered (“Contract”) will only be formed when you receive the Shipping Notification. The Contract will relate only to the Product(s) or Service(s) which we have confirmed for shipping in the Shipping Notification. We will not be obliged to supply any other Product(s) or Service(s) which may have been part of your order until the shipment of such Product(s) or Service(s) has been confirmed in a separate Shipping Notification.
You are entering into a Contract with SWANS and not with Lingble. Lingble is acting as agent on behalf of SWANS, which is the principal. You are not purchasing the products or services from Lingble. Lingble is authorised by SWANS to conclude the contract on their behalf but Lingble is not a party to that contract and you are not purchasing the products or services from Lingble. If you are unhappy with the product or service you have received from SWANS, you may, however, contact Lingble by email to firstname.lastname@example.org and they will liaise with us on your behalf to try and resolve the issue.
Limits on Purchases
In an effort to enhance your shopping experience and give as many customers as possible the opportunity to purchase SWANS’s merchandise, SWANS may place limits on purchases and does not authorize the purchase of commercial quantities of merchandise. SWANS also may, among other things, restrict orders placed by or under the same customer account, the same credit card and/or orders that use the same billing and/or shipping address or phone number. SWANS reserves the right to limit, cancel or prohibit orders that, in its judgment, appear to be placed in violation of this Agreement. SWANS further reserves the right to cease doing business with customers who violate this Agreement. SWANS may modify this Agreement at any time without prior notice. This Agreement applies to all purchases of SWANS’s merchandise, including, but not limited to, all purchases made at SWANS retail stores, sample sales, warehouse sales and through catalogs and websites, including the Site.
Reviews and Comments
Except as otherwise provided elsewhere in this Agreement or on the Site, anything that you submit or post to the Site and/or provide SWANS, including, without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as non-confidential and non-proprietary, and SWANS shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become the sole and exclusive property of SWANS and shall not be returned to you.
In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant SWANS the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments, and other Content that you post on this Site and that use of your reviews, comments, or other Content by SWANS will not infringe upon or violate the rights of any third party. You shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead SWANS or third parties as to the origin of any Submissions or Content. SWANS may, but shall not be obligated to remove or edit any Submissions (including comments or reviews) for any reason.
By uploading content such as photograph image files ("Member Content") on the Site, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, SWANS and its partners and affiliates, and their respective contractors, and the users of the Site an irrevocable, perpetual, non-exclusive, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publish, modify, publicly display, and distribute such content and to prepare derivative works of, or incorporate into other works, such Member Content. This license does not grant SWANS, its partners or affiliates, or their respective contractors, the right to sell any Member Content. Member Content is the sole responsibility of the person from which such Member Content originated. This means that you, and not SWANS, its partners or affiliates, or their respective contractors, are entirely responsible for all Member Content that you upload, post, email, transmit or otherwise make available through the Site or otherwise.
Violations of system or network security may result in civil or criminal liability. SWANS investigates violations and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:
- Accessing data not intended for you or logging on to a Lingble, SWANS server or account that you are not authorized to access
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt)
- Attempting to interfere or interfering with the operation of the Site, SWANS’s provision of services to any other visitors to the Site and SWANS’s hosting provider or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “email bombing” or “crashing” the Site
- Forging any TCP/IP packet header or any part of the header information in any email or transmission or posting to the Site
By visiting and using the Site, you acknowledge that you are not a national of, or resident within, any of the countries that are subject to trade embargo under these laws and regulations (currently, Cuba, Iran, North Korea, Sudan and Syria) or listed on any of the United States government’s lists of prohibited and restricted parties.
Product, Service Description and Pricing Information
Although SWANS has made every effort to display products and their colors as accurately as possible, the displayed colors of the products depend upon the monitor of the user, and SWANS cannot guarantee that the user’s monitor will accurately portray the actual colors of the products. Products displayed may be out of stock or discontinued, and prices are subject to change and may vary depending on the location and the shipping address of the buyer.
While SWANS strives to provide accurate product, service description and pricing information, pricing or typographical errors may occur. SWANS is not responsible for typographical errors regarding price or any other matter. SWANS cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing, product information or service description, SWANS shall have the right, at its sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is priced incorrectly, SWANS may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. If we contact you, we will give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you within 5 days, your order will be treated as cancelled. If you cancel and you have already paid for the product(s) and/or service(s), you will receive a full refund within 10 business days of cancellation.
Please note that there may be certain orders that we are unable to accept and must cancel. SWANS reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product, service description or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verification or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order.
Risk and Ownership
The product(s) ordered on the Site will be at your risk from the time of delivery or collection (as the case may be). Ownership of the Product(s) ordered on the Site will also pass to you on delivery or collection (as the case may be), provided full payment of all sums due in respect of the relevant product(s), including any delivery charges (if applicable), has been received.
You may be provided with an option to provide your signature upon delivery of the Product(s) at check-out. If you opt out of such service, you acknowledge that any risks shall be borne by you upon delivery, including but not limited to, in the event that it was delivered by us or our third party providers and no one was present or available to receive the delivery or you were uncontactable. We will not be responsible or liable, directly or indirectly, under any circumstances for any delay, costs, loss or damage of any kind incurred or caused as a result of, your chosen method of delivery.
Returns and Exchanges
For a return or exchange to be valid you must follow the instructions and rules on the Returns and Exchanges, to be updated by Lingble page and follow all the steps therein. All returned items should be in their new and original condition as you received them: with tags, unused, unwashed and unworn. Returns and exchanges must be initiated/requested within 10 days from the date of purchase and items shipped back must be received by SWANS no later than 20 days from the date of purchase (barring any customs-related delays upon return to us). SWANS reserves the right to reject returns or exchanges that do not follow or meet the above requirements. Any costs incurred (including customs duties and taxes) as a result of a failure to follow the return or exchange instructions on the site, shall be deducted from the refund or credit amount. We will notify you once SWANS has accepted the return or exchange and proceed to either process your refund, credit your account with Site credit or ship the exchanged-for item, as applicable. If your return is not accepted by SWANS, we will notify you of the reasons why it was rejected and arrange for reshipment back to you. We are not responsible for the cost of reshipment of rejected returns or exchanges.
Please note that if you return an item, the taxes and import duties will be refunded to you if they were originally included in the purchase price. If they were not included then you will be responsible for reclaiming any taxes or duties directly from your local customs office or other taxing authority.
We normally initiate refunds within 1-2 business days from the moment a return is accepted, an order is cancelled, or any other reason requiring a refund. Refunds will be processed using the same payment method used by you for the purchase of products or services, unless we have expressly agreed, at our sole discretion, the use of a different means of payment method for the refund. Notwithstanding the foregoing, all refunds must be made to an account in the name of the original payment method account holder, regardless of payment method. Please note that it may take additional time (approximately 10 business days) for a refund to be reflected in your account and timing will depend on the payment gateways' billing cycle (for instance, your credit card processor's billing cycle) or your financial institution. If a refund is taking longer than 10 business days to reflect on your account after we have processed it on our system, please contact your payment method provider or financial institution.
Store credit refunds will be processed 1-2 business days from the moment a return is accepted, an order is cancelled, or any other reason requiring a store credit refund. Store credit will be reflected in your SWANS account soon after it is processed. All store credit refunds must be made to the same account used for the original purchase.
All text, graphics, photographs or other images, button icons, audio clips, and software (collectively, "Content"), belong exclusively to Lingble, SWANS or its content suppliers. The collection, arrangement, and assembly of all content on this Site (the "Compilation") belong exclusively to SWANS. All software used on this Site (the "software") is the property of Lingble or its Software suppliers.
The Content, the Compilation and the Software are all protected international copyright laws. Other logos, slogans, trade names or words are registered trademarks, trademarks, or service marks of Lingble, SWANS, their suppliers, or third parties. The use of any Lingble,SWANS trademark or service mark without their respective express written consent is strictly prohibited. You may not use any Lingble, SWANS trademark or service mark in connection with any non-SWANS product or service or in any way that is likely to cause confusion. You may not use Lingble’s, SWANS’s trademarks or service marks in any manner that disparages or discredits them. You may not use any of the Lingble, SWANS trademarks or service marks in meta tags without their respective prior explicit consent.
Cross-Border Shipping and Customs, Duties and Taxes
You acknowledge and agree that when you purchase Product(s) from us you will act as the importer of record for such Product(s) and you are responsible for the legality of the import of such Product(s) into the country or jurisdiction of your designated shipping address. By placing an order for Product(s) you confirm that the import of such Product(s) into the country or jurisdiction of your designated shipping address does not violate any laws or regulations.
You are solely responsible for any and all duties, import taxes, customs charges and brokerage fees. Even though we strive to include all relevant import taxes and duties in the final purchase price and ship to most countries on a DDP (“Delivery Duty Paid”) basis, there may be instances in which our original calculation of import taxes and duties is incorrect and you or the receiver of the shipment may have to pay the difference in cost to customs authorities if requested to do so. Similarly, customs and taxation authorities in countries where we do not ship to on a DDP basis may contact you or the receiver of the shipment directly to settle any import taxes and duties which they determine are due and payable upon import. Customs, duties, and taxes are non-refundable. If you refuse a shipment because of unexpected import fees, the cost of the original shipping, any brokerage/customs/duty/taxes, and any return shipping charges will not be refunded. You also acknowledge and agree that you are solely responsible for the provision of shipping information, including any amendments or additions made to shipping labels or documentation made through this Site or otherwise. We will not be responsible or liable, directly or indirectly, under any circumstances for any delay, costs, loss or damage of any kind incurred or caused as a result of, or in connection with any misrepresentation, omission, mistake or error (whether fraudulent or unintentional) or any information you have provided or edited in this Site for shipping and custom purposes. Any customs duties, taxes, penalties, storage charges or other expenses we incur as a result of the actions of customs or other governmental authorities or your failure and/or the receiver's failure to provide proper shipping information will be charged to you or the receiver of the shipment. In the event that we decide to charge the receiver and the receiver refuses to pay the incurred charges, you agree to pay them to us together with our fee for the administration involved as well as any extra costs we will incur. Upon our first request you will provide a proper guarantee for any of the duties, taxes, penalties, storage charges or any other expenses set out in this condition.
Termination and Effect of Termination
In addition to any other legal or equitable remedies, SWANS may, without prior notice to you, immediately terminate this Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement and upon request by SWANS, you shall immediately cease all access to and use of the Site and SWANS shall, in addition to any other legal or equitable remedies, immediately revoke all password(s), and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
Disclaimer and Limitation of Liability
SWANS publishes information on the Site as a convenience to its visitors. While SWANS attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site at any time without notice. The products and services described on the Site may not be available in your region. SWANS does not claim that the information on the Site is appropriate to your jurisdiction or that the products and services described on the Site will be available for purchase in all jurisdictions.
You assume all responsibility and risk with respect to your use of the Site, which is provided “AS IS.”
SWANS DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, CONDITIONS, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, FUNCTIONS AND SERVICES PROVIDED ON THE SITE, WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SWANS DOES NOT WARRANT THAT THE SITE OR ITS FUNCTION OR THE CONTENT AND MATERIALS OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. SWANS MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
IN NO EVENT SHALL SWANS, THEIR AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF SWANS OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SWANS'S TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO SWANS DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO SWANS'S LIABILITY.
You agree to defend, indemnify and hold Lingble, SWANS, and their respective directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with your use of the Site, your violation of this Agreement or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third-party claim that any information or materials you provide infringes any third-party proprietary right.
Where the parties fail to settle a dispute within 30 days after such dispute occurs, they agree to submit such a dispute to Singapore International Arbitration Centre (“SIAC”) for arbitration which shall be conducted in accordance with the SIAC's arbitration rules in effect at the time of applying for arbitration. The arbitral awards are final and binding upon both parties. The arbitration proceedings shall be conducted in English.
The validity, interpretation, enforceability, and performance of this Agreement shall be exclusively governed by and construed in accordance with the laws of the State of New York without regards to conflict of laws principles.
SWANS makes no warranties of any kind regarding any other websites to which you may be directed or hyperlinked from the Site. Hyperlinks are included solely for your convenience, and SWANS makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in any other websites. SWANS does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.
You agree that SWANS's remedy at law for any actual or threatened breach of this Agreement would be inadequate and that SWANS shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that SWANS may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.
No right or remedy of SWANS shall be exclusive of any other, whether at law or in equity, including, without limitation, damages injunctive relief, attorneys' fees and expenses.
No instance of waiver by SWANS of its rights or remedies under this Agreement shall imply any obligation to grant any similar, future, or other waiver.
You may not transfer or assign any or all of your rights or obligations under any Contract or this Agreement.
If any provision of the terms or conditions of this Agreement is found to be unenforceable, all other provisions shall remain unaffected.
SWANS reserves the right to change the terms and conditions of this Agreement from time to time by changing them on the Site, although no such change will affect any order you have already placed with us. The terms and conditions of this Agreement may not be varied except with our express written consent. You are kindly requested to check this page regularly for changes. If you do not accept the terms and conditions of this Agreement, you should immediately terminate your visit to the Site.
The terms and conditions of this Agreement was last updated on June 1st 2021.