1 General&Compliance

1.1 This H.I.T.77 site at hit.com.au (the “Site”) is a shopping website where you can browse, select and order products from Hori International Trading Pty.Ltd (“HIT”, “us” or “we”).

1.2 Your access to and use of the Site, including your order of products through the Site, is governed by these terms and conditions.

1.3 You agree to be bound by, and comply with, these terms and conditions. In addition to these trading terms, there are terms and conditions that apply to the use of the Site. You agree to comply with the terms of use. You can view Terms of Use here.

1.4 You agree to comply with all relevant laws relating to your use of the Site and your placement of any order through the Site.

2 Order Placing

2.1 You may order products by selecting and submitting your order through the Site in accordance with these terms and conditions.

2.2 Any order placed through this Site for a product is an offer by you to purchase the particular product for the price notified at the time you place the order. Delivery and other charges and taxes will be imposed in addition to product price depending on mailing address and situation. Total price charged to customer will be notified by e-mail before we complete payment.

2.3 Payment process can not be completed only through this Site. We will ask you to provide details about payment or require you to confirm your details by e-mail after you place order though this Site, to enable us to process any orders placed through the Site.

2.4 You agree to provide us with current, complete and accurate details when asked to do so by the Site.

3 Acceptance & rejection of order

3.1 In certain circumstances, we may need to reject your order. This may occur where the requested product is not available for some reason or if there is an error in the price or the product description posted on the Site. When rejection occur, customer is notified by e-mail or phone call from us. (Generally notified within 24hrs after your order placement, but not always the case especially over weekend or during holiday season)

3.2 When we accept your order placed for products through this Site, the order results in a separate binding agreement between you and us for the supply of those products. For each order accepted by us, we will:
(a) supply you with the products in that order in accordance with these terms and conditions; and
(b) provide you with an email confirmation of that order, each time before payment and delivery.

4 Delivery of products

4.1 Currently most of our products are stocked in warehouse in Japan. After the order placement, we ship the product from Japan to Australia and all the quality and damage of product are strictly checked in our North Bondi workshop in Sydney.

4.2 All the shipping cost from Japan to Australia (“Shipping Cost”) is included in price notified in the Site, so delivery cost we may charge you after order through the Site(“Delivery Fee”) is only for from North Bondi to your mailing address

4.3 After order submitted through this Site, you may obtain further information about our delivery timeframes and how we deliver certain products through e-mail from us. Normally it takes 1 to 3 week to receive your order given these shipping and quality check process. Also the Delivery Fee for your order depends on your mailing address and the type of product you order (in particular, the size and weight of the product).

4.4 We accept the order not only from inside Australia, but also from outside of the country. However a location where we can deliver product is depending on the situation and product type. You will be notified by e-mail or phone in case we can not deliver the product. You agree to comply with certain delivery requirements specified below and such other requirements that we notify you when you place your order through the Site.

4.5 We also recommend that you be present to accept the delivery of your order if you have paid by credit card.

4.6 We may require the person accepting the delivery of your order to: (a) provide us with proof of that person’s identity (including photographic identification) and, where relevant, age. If the order has been paid by credit card, then we may also ask you to show us the credit card for us to conduct our verification checks (b) unconditionally accept any delay that may happen during shipping or quality check process, given that all the delay related with your order will be rapidly notified to you

4.7 You acknowledge and agree that any person at the Delivery Address who receives the products is authorised by you to receive your order

5 Risk and Right

Any risk and right related with product passes to you as soon as delivery to the delivery address is completed and you take receipt of that product

6 Cancellation

6.1 We may cancel any part of an order (including any orders that we have accepted) without any liability to you for that cancellation at any time if:
(a) the products in that order are not available; or
(b) there is an error in the price or the product description posted on the Site for the product in that order; or
(c) that we reasonably believe your order has been placed in breach of these terms and conditions. If we do so, then we will provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order.

6.2 You may cancel an order by directly contacting our Customer Service during contact hours. However, given that almost all of our products are stocked in Japan and need to be shipped to Australia after the order submitted, order cancelation is only accepted in accordance with following conditions:

(a)Before the product is dispatched for delivery from Japan
* You may cancel your order and we refund all of the money we charged you

(b)After the product is dispatched for delivery from Japan but before from Bondi
* We can not accept cancelation. You may return product in accordance with the Return policy

7 Fees and charges

7.1 We will charge you, and you agree to pay, the purchase price of each product that is ordered, Delivery Fee for your order that we notify to you by e-mail after you place your order though the Site and any other fees and charges set out in these terms and conditions.

7.2 All fees and charges identified in these terms and conditions and all prices for the products include GST where applicable.

7.3 The purchase price of each product is shown on the product list on the Site at the time you place your order. The purchase price of a product on the Site may not be the same or correspond to the prices in any of our workshop for the same product and we are not obliged to match any prices.

7.4 Regarding the product which we stock in Japan, the purchase price already includes Shipping Cost.

7.5 Prices for products change from time to time and we do not provide any notice of these changes. Subject to these terms and conditions, once we have accepted your order, we will not change any prices that apply to the products in that order. Also final prices applied to the product must be notified to you before we complete the payment process.

7.6 If you cancel an order amount we can refund is subject to the Chancel policy (6 Cancelling an order)

8 Payment methods

8.1 You may pay the fees and charges for an accepted order using the following payment methods: (a) the following credit cards:
(i) Visa;
(ii) MasterCard

(b) bank transfer The detail of bank account of HIT will be notified when we confirm the order through e-mail

8.2 If we are unable to successfully process your credit card or confirm money transfer to our bank account for your order that is accepted by us, then we may cancel your order.

8.3 If you choose to pay by credit card, you authorise us to debit the amount that is payable for an accepted order from your nominated credit card.

8.4 You must not pay, or attempt to pay, for products through any fraudulent or unlawful means.

8.5 We will provide you with a receipt at time of delivery which specifies the total fees and charges for the products in the order.

9 Products return

9.1 You must check any product delivered to you to determine if it is damaged. If a product is damaged on delivery, then you should refuse to take receipt of that product and notify us through our Customer Service. If you notice damage to a product after delivery, you should notify us within 5 business days of delivery. If so, you may return the product to us in accordance with this clause. When you return the product, please send it over to H.I.T 77 workshop in North Bondi. In that case, products must be in the condition as you received them and in the original box and/or packaging.

9.2 If you wish to return a product that is not damaged and that was provided to you under these terms and conditions, then you may return that product in accordance with our Returns Policy.

9.3 Our Returns Policy is incorporated into these terms and conditions. You can view our Returns Policy here. You must provide us with the invoice we issued to you for your order to make a claim under this clause. If you fail to do so, then we may not provide you with a refund.

10 Liability

10.1 Subject to clause 10.3, we exclude all implied terms and warranties whether statutory or otherwise, relating to the Site or the subject matter of this agreement. You acknowledge that the Site is provided “as is” and that we do not make any warranty or representation as to the suitability of the Site or a product for any purpose.

10.2 Subject to clause 10.3, we will not be liable to you for indirect and consequential loss (including without limitation for loss of revenue, loss of profits, failure to realize expected profits or savings and any other commercial or economic loss of any kind) or loss or corruption of data, in contract, tort, under any statute or otherwise (including negligence) arising from or connected to this agreement.

10.3 Where any law implies in this agreement any term, and that law voids or prohibits provisions which exclude or modify the operation of such term, then the term is taken to be included in this agreement. However, our liability for breach of such term will be, if permitted by law, limited to one of the following remedies (at our option): the replacement of the products, the supply of equivalent products, the repair of the products; the payment of the cost of replacing the products (or of acquiring equivalent goods), or the payment of the cost of having the products repaired.

10.4 Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.

10.5 Nothing in these terms and conditions is intended to limit or exclude any liability that cannot be excluded by law.

11 Termination

11.1 We may suspend, terminate or limit your access to and use of the Site without any advance notice, in case you breach these terms and conditions

11.2 We may stop making the Site (or any part of it) available without any advance notice. If so, any orders that we have accepted will not be affected by this unless the products that have been ordered are no longer available or we are prevented from supplying the products, in which case, we will notify you and will refund to you all valid payments received by us for those products.

12 Change of Terms and Conditions

12.1 For future orders, these terms may be changed without notice and so we recommend that you read these terms carefully each time you agree to them during the ordering process.

12.2 We will not change any terms and conditions for an existing order that has been already accepted by us, the terms and conditions that will apply to the order, are the terms and conditions that applied at the time you confirm your order by e-mail.

13 Privacy policy

13.1 We respect your privacy. We collect, hold, use and disclose your personal information in accordance with the Privacy Act 1988. The manner in which we generally collect, hold, use and disclose your personal information is set out in our Privacy Policy. Other detail of our privacy policy is as follows.

13.2 We will collect your personal information through your use of the Site or through your contact with us through e-mail and phone. You agree for us to collect, hold, use and disclose your personal information in the following conditions:
(a) For the purpose of and incidental to providing our products and services to you in a secure way. This includes uses and disclosures which we require to operate the Site; and
(b) With, to and from third parties who provide services to us in relation to online shopping. These may include mailing houses, call centres, gateway providers, delivery service providers and organisations that assist us to check for or prevent unauthorised or fraudulent transactions.
(c) For other purposes to which you consent to (either express or inferred consent).

13.3 We may transfer your personal information to others in countries outside Australia. We will only do this within the scope of clause 13.2.

13.4 You may access your personal information by contacting us.

14 General

14.1 If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.

14.2 This agreement is governed by the laws of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts of that place.