Delish Home Delivery (operated by the Blue Co., Ltd)
User Agreement (Terms & Conditions)
Effective on May 20, 2020
1: ONLINE STORE TERMS
This website is owned and operated by The Blue Co., Ltd. Throughout the site, the terms “we”, “us” and “our” refer to The Blue Co., Ltd.
These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors home delivery service of food and products. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.
When ordering food or a product, you agree that: (i) you are responsible for reading the full item listing before making a commitment to order it: (ii) you enter into a legally binding contract to purchase an food or product when you commit to order an item and you complete the check-out payment process.
The prices we charge for using our services / for our items are listed on the website. We reserve the right to change our prices for food or products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing, sales tax, and delivery fee is available on the payments page.
“The fee for the services and any other charges you may incur in connection with your use of the service, such as taxes and delivery fees, will be charged to your payment method.
Our online store is hosted by Wix.com, and they provide us with the online e-commerce platform that allows us to sell our products and services to you.
2. PRODUCTS OR SERVICES
Food or product(s) or services that we sell or provide on our site may have limited quantities. We cannot guarantee that your computer or device monitor's display of any color of the images that we have on our site will be accurate.
We do not warrant that the quality of any food, products, services, or information that was(were) ordered or purchased by you will meet your expectations, or that any errors in the Service will be corrected.
3. WARRANTY and LIABILITY
When we receive a valid warranty claim for a product except food purchased from us, we will either repair the relevant defect or replace the product. If we are unable to repair or replace the product within a reasonable time, the customer will be entitled to a full refund upon the prompt return of the product to us. We will pay for shipment of repaired or replaced products to customer and customer will be responsible for return shipment of the product to us.
4. RETURN, EXCHANE, and CANCELLATION POLICY
We will redeliver without any extra fee or give customers refund based upon the original payment method in case of those;
・When customer cancelled his/her order before the order deadline that is noted on our website.
・When order was not delivered or delayed longer than 20 minutes.
・In the event that wrong food or item(s) that was(were) different from the one(s) that was(were) ordered,
customer should contacted us by phone call or e-mail within one hour of delivery time with pictures of the item(s) . We will offer redeliver the food or item(s) or refund based upon the original payment method.
・When food or item(s) was (were) damaged, customer should contacted us by phone call or e-mail within one hour of delivery time with pictures of the food or item(s). We will offer redeliver the food or item(s) or refund based upon the original payment method.
*Delish Food Delivery service operated by The Blue Co., Ltd does not accept cancellations by any other reason or condition that is not stated above.
The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of The Blue Co., Ltd or our partners such as the stores that provide delivery service. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.
6. LIMITATION of LIABILITY
To the maximum extent permitted by applicable law, in no event shall The Blue., Ltd, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.
To the maximum extent permitted by applicable law, The Blue Co., Ltd assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations.
7. MODIFICATIONS TO THE SERVICE, PRICES, and TERMS and CONDITIONS
Prices for our products are subject to change without notice.
We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.
We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these pages periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms and Conditions. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.
8.LAWS and REGULATIONS
These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related here to and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of Japan and Kanagawa Prefecture, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Yokosuka. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.
9. CONTACT INFORMATION
The Blue Co., Ltd