TERMS AND CONDITIONS OF SALE

Last Updated and Effective Date: February 22, 2021

PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU.

These terms and conditions apply to the purchase and sale of products and services from Morinaga Nutritional Foods, Inc., and its affiliated companies (collectively “Morinaga”), except to the extent that you have entered into a separate written agreement with Morinaga that supersedes some or all of these Sale Terms. By placing an order for products or services through this website or any other Morinaga website (collectively referred to as the “Site”), you agree to be bound by and accept these terms and conditions. If you do not agree to these terms and conditions, you should not obtain products or services from this Site. These terms and conditions are subject to change by Morinaga (sometimes referred to as “us” or “we”) without prior written notice at any time, in our sole discretion. The latest version of the terms and conditions will be posted on this Site, and you should review these terms and conditions prior to purchasing any product and services that are available through this Site. You should also carefully review our Privacy Policy before placing an order for goods or services through this Site.

 

1. Order Acceptance and Cancellation

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not your credit card has been charged. If your credit card has been charged and your order is canceled or modified, you will receive a prompt and appropriate refund credit to your account. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item.

Once an order has been placed, it cannot be cancelled unless the shipment is unavoidably delayed. In this case, we will do our best to cancel the order if requested.

We sell on this Site to end user customers and do not accept orders from dealers, exporters, wholesalers, or other customers who intend to resell the products and services which are offered on our Site. We make every effort to maintain the availability of our Site. However, should we experience technical difficulties, we are not responsible for orders that are not processed or accepted.

 

2. Payment Terms and Sales Taxes

Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us prior to our acceptance of an order.

We accept VISA, MasterCard, American Express, and Discover credit cards for all purchases. You represent and warrant that: (i) the credit card information you supply to us is true, correct and complete; (ii) charges incurred by you will be honored by your credit card company; and (iii) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

All payments must be in United States dollars. Current billing address and phone information must be included with every order. You agree to pay interest on all past-due sums at the highest rate allowed by law. We retain a security interest in the products and all proceeds thereof until the full purchase price therefore (including taxes and additional charges) has been paid.

Charges for shipping and handling will be made in accordance with our then-current shipping policies, as described below.

 

3. Changes in Products and Pricing

We are constantly updating and revising our offerings of products and services, and we may discontinue products and services at any time without notice. To the extent that we provide information on availability of products or services, you should not rely on such information, and we will not be liable for any lack of availability of products or services that you may order through our Site.

All pricing for the products and services available on our Site is subject to change. For all of our prices and products, we reserve the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances.

 

4. Shipping Policy

Our standard business hours are Monday to Friday 8:00 AM to 5:00 PM Pacific Time. Any orders placed outside of our standard business hours will not be processed until the following business day. If for some reason, we determine that we cannot ship your product within thirty (30) days following our receipt of a properly completed order, we reserve the right to cancel your order and advise you of such action. If we specify a carrier when you place your order, we reserve the right to substitute another carrier to deliver your order in our sole discretion.

All shipping charges are the responsibility of the customer. In some cases, free shipping may be available for certain purchases if you meet the applicable requirements as set forth on the Site. Otherwise, the estimated shipping charges will be shown on the shipping and billing page and on your order confirmation. These charges can also be viewed on a summary screen prior to finalizing your order. The shipping charge shown during the checkout process is subject to verification. Shipping charges are subject to change without notice, provided that if the actual shipping charge is more than the amount shown on your invoice, we will contact you with the correct shipping costs before processing your order, and you will have an opportunity to cancel your order. Shipping and handling charges displayed during the checkout process may or may not reflect actual costs. Any shipping or delivery dates or times shown on the Site are estimates only and actual delivery dates and times may vary. All orders are shipped via ground transportation. Title to products passes from Morinaga to you upon shipment, and we are not responsible for any shipping delays or problems once the product has been shipped.

These shipping terms are accepted by you by placing an order with us.

 

5. Advertising Disclaimer and Trademarks

In the event a product or service is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for products or services listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we will immediately issue a credit to your credit card account in the amount of the charge.

All trademarks and registered trademarks relating to products and services available through our Site are the sole property of their respective owners. Photographs courtesy of the respective manufacturers.

 

6. Disclaimer and Limitation of Liability

Our responsibility for defects relating to the products and services available on our Site is limited to the procedures described in our return policy set forth below.

ALL PRODUCTS AND SERVICES AVAILABLE ON THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANT OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE PRODUCTS AND SERVICES AVAILABLE ON THIS SITE WILL MEET YOUR REQUIREMENTS; THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE; OR THE QUALITY OF ANY PRODUCTS OR SERVICES WILL MEET YOUR EXPECTATIONS. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOUR PURCHASE OF PRODUCTS AND SERVICES. WE DO NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS AND SERVICES THAT ARE NOT AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. IN NO EVENT SHALL WE OR OUR PARENT, SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS, SHAREHOLDERS, EMPLOYEES, OR OFFICERS (COLLECTIVELY, OUR “AFFILIATES”) HAVE ANY OBLIGATIONS OR LIABILITIES TO YOU OR ANY OTHER PERSON FOR LOSS OF PROFITS, FOR LOSS OF BUSINESS OR USE, OR FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER THEORY OR FORM OF ACTION, EVEN IF WE OR OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, ARISING OUT OR IN CONNECTION WITH THE SALE, DELIVERY, USE, REPAIR OR PERFORMANCE OF THE PRODUCTS AVAILABLE THROUGH THIS SITE. NONE OF OUR EMPLOYEES OR REPRESENTATIVES ARE AUTHORIZED TO MODIFY THIS LIMITATION. OUR SOLE AND ENTIRE MAXIMUM LIABILITY (AND THE LIABILITY OF ANY OF THE PROVIDERS OF PRODUCTS AND SERVICES AVAILABLE ON OUR SITE), FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOUR PURCHASE OF PRODUCTS AND SERVICES.

 

7. Warranty and Return Policy

Morinaga only processes returns and refunds of products sold from our website. Please return Morinaga products purchased at other retailers back to that retailer according to their return policy. Morinaga guarantees at least a three (3) month shelf-life on Mori-Nu shelf stable tofu products sold in the online store at morinu.com. (http://www.morinu.com/) As your sole remedy for any products that do not meet this guarantee, Morinaga will accept qualified and conforming products for exchange or refund within 30 days of the original purchase date. To return a product, please follow the steps below:

1. Make sure the product qualifies for return or exchange. To qualify for exchange or refund:

Products must be in the original manufacturer’s packaging and shipped securely.

Products must be free from damage of any type, including, but not limited to dents, slices, punctures, scratches, stains, abuse, or defacement (except for damage that we determine occurred in transit).

2. Call customer service at (310) 787-0200 to inform us of the return and/or describe the problem. We are open Monday through Friday excluding holidays, 8 a.m. to 5 p.m. Pacific.

For all non-defective product returns and exchanges, Morinaga reserves the right to charge a restocking fee of 20% at Morinaga’s sole discretion. For your protection, we recommend that you insure your return and use a traceable carrier that can provide you with delivery confirmation. Morinaga shall not be responsible for items returned that are lost or damaged in transit. Postage and handling charges to our warehouse will be paid by the customer and are non-refundable. At our discretion, Morinaga may reimburse shipping charges related to the return or exchange of defective products. After receiving a written authorization for the return, ship returns/exchanges to:

ATTN: Mail Order
Morinaga Nutritional Foods, Inc.
3838 Del Amo Blvd., Suite 201
Torrance, CA 90503
(310) 787-0200

Returned merchandise will be credited only to the credit card used for the original purchase within 30 days of product’s return to the address above and verification of its qualification for return.

 

8. Safe Shopping Guarantee

Your browser and our secure server vendor encrypt confidential information during transmission, ensuring that transactions stay private and protected. We guarantee the safety of your credit card information in the following manner: if any unauthorized use of your credit card occurs as a result of your credit card purchase on our Site, simply notify your credit card provider in accordance with its reporting rules and procedures. If, through no fault of your own, your credit card company finds credit card fraud but does not waive your entire liability for unauthorized charges, we will reimburse you for the remaining liability up to a maximum of $50. This guarantee applies to purchases made using our secure server (https://www.woocommerce.com).

You can always order by telephone. Call us at (310) 787-0200 within the United States. We cannot accept orders from outside the United States. No matter how you place your order with us, we want you to have a comfortable buying experience.

 

9. Privacy and Customer Information

We are committed to protecting your privacy. To make your shopping experience more convenient, we gather information about you. We maintain the privacy of your information using security technologies and adhere to policies that prevent unauthorized use of your personal information. See our Privacy Policy here.

At any time, you may update your customer account information by following the instructions posted elsewhere on this Site. Here you may update your name, password, billing address, shipping address, e-mail address, telephone number, and credit card information.

 

10. Service and Support

All requests for service and support with respect to the products and services available through our Site should be made directly to us. Should you have any other questions or concerns, you should contact us at the information set forth herein.

 

11. Force Majeure

In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and service available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, pandemic, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

 

12. Entire Agreement and Other Documents

These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this Site is in conflict or inconsistent with these terms and conditions, these terms and conditions shall take precedence.

 

13. Governing Law and Statute of Limitations

This Site is controlled by us from our offices within the State of California, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of California, by accessing this Site both of us agree that the statutes and laws of the State of California, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of this Site and the purchase of products and services available through this Site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the Superior Court of Los Angeles County and the United States District Court for the Central District of California with respect to such matters.

Any cause of action brought by you against us or our Affiliates must be instituted within one year after the cause of action arises or be deemed forever waived and barred.

We make no representation that the products and services available through our Site are appropriate or available for use in locations outside of the United States and accessing them from territories where such products and services are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.