Terms& Conditions

SCOPE

1. These Conditions of Sale govern the sale of products by Karuizawa Distillers, Inc. (“Karuizawa”, “we” or “our”) to you and your use of the Karuizawa website. 
2. Please read these conditions carefully before placing an order with Karuizawa. By placing an order with Karuizawa, you confirm your agreement to be bound by these conditions. 

OUR CONTRACT

1. The Komoro Distillery Limited Edition for WSJ+ is an exclusive product, limited to one thousand (1,000) units, that is available only to WSJ+ subscribers. Our aim is to ship this product to you by December 31, 2026.  Please understand, however, the shipping date may be delayed if our Master Blender in his sole discretion requires additional time for maturation of the product or if other factors beyond our control cause delays.
2. You may order only one Komoro Distillery Limited Edition for WSJ+ and may not transfer this entitlement to any other person.
3. As we near the bottling stage for the Komoro Distillery Limited Edition for WSJ+, we will contact you to request payment of the delivery charges.
4. Your order, together with full payment in advance, is an offer to Karuizawa to buy the product in your order. When you place an order, we will send you a message confirming receipt of your order and containing the details of your order (the “Order Confirmation”). The Order Confirmation is an acknowledgement that we have received your order and confirms acceptance of your offer to buy the product and/or the services ordered, concluding a contract for sale of the product.
5. If the product is out of stock at the time of your order, you may request to be added to our waiting list. If other customers’ orders are cancelled and the product becomes available once more, we will contact persons on the waiting list in random order and so cannot guarantee that earlier additions to the waiting list will be contacted before later additions.
6. When we ship the product to you, we will send an e-mail confirming to you that we've shipped the product to you (the "Shipping Confirmation"). You agree that the product in your order will be shipped to you on or after the shipping date specified in the Shipping Confirmation.
7. You acknowledge and agree that the design, label and packaging of the product presented to you at the time of order are for illustration purposes only and the final product delivered to you may have different designs, labels and packaging. The color of our product may vary from the images presented on the Karuizawa website.  Any tasting notes provided are inherently subjective and reflect the experience of our tasting team of specific samples of product which may differ from your specific product due to the nature of the whisky production process.
8. You represent and warrant to Karuizawa that:

• The product ordered by you shall be for personal use only and shall not be used for any trade or other business;
• At the time of placing your order, you hold a current, valid subscription with Dow Jones & Company, Inc. for the Wall Street Journal and have activated your membership of the WSJ+ Premium Benefits Program.
• You are above the legal age for consumption and purchase of alcoholic beverages under laws applicable to you at the time of placing your order.

1. Karuizawa may cancel your order without refund, if:

• any representation or warranty you have made is false (other than bona fide typographical errors);
• you are not above the legal age for consumption and purchase of alcoholic beverages under laws applicable to you at the time of ordering;
• you fail to pay applicable delivery charges within one month of our notice by email to you requesting payment;
• at the time the product is ready to be shipped, your shipping address is not within one of the Sales Territories (see SHIPPING below); or
• at the time the product is ready to be shipped, shipping to your address is restricted due to reasons beyond the control of Karuizawa (see WARRANTY AND LIMITATION OF LIABILITY below).

LEGAL AGE

1. Our products are not for sale to persons below legal age for purchase of alcoholic beverages in the relevant jurisdiction. The Karuizawa website is not intended to be used by persons below legal age for consumption of alcoholic beverages. By using the Karuizawa website and placing an order with Karuizawa, you represent and warrant that you are above the legal age for consumption and purchase of alcoholic beverages under all applicable laws.

YOUR CANCELLATION RIGHTS

1. You have the right to cancel your order without giving any reason within 8 days from the date of the Order Confirmation.

• You must inform us of your decision to cancel your order by email or through our website. (www.karuizawadistillers.com).
• If you cancel your order, we will reimburse all payments received from you for the goods purchased. For such reimbursement, we will use the same means of payment as you used for the initial transaction, unless you have provided updated payment details.

PRICING

1. Depending on your browsing location and device settings, the price you see displayed on our website for the product may be inclusive of Japanese consumption tax which may apply depending on your shipping/billing addresses. If Japanese consumption tax is not applicable to your order, this tax will be removed from the price payable for your order during the payment process.
2. The price does not include delivery charges, taxes, duties and other charges that may be applicable on import to your country. Any such import costs shall be borne exclusively by you as importer of the product(s).

PAYMENT 

1. Payment for the product ordered shall be by PayPal or VISA, Mastercard, American Express and JCB credit cards.
2. Each product remains property of Karuizawa until payment (including shipping charges) has been made in full and no product shall be shipped by Karuizawa until full payment has been made. In the event that Karuizawa is entitled to cancel your order, you agree that any property rights you may have acquired in the product shall be surrendered in favor of Karuizawa.
3. For the purposes of minimizing the risk of fraud and illegal purchase and consumption of alcoholic beverages, we may validate name, address and other personal information supplied by you during the order process against appropriate third-party databases. By accepting these Terms and Conditions, you consent to such checks being made.

SHIPPING

1. Your shipping address must be a valid address within one of the following designated territories (“Sales Territories”):

• Australia
• Austria
• Belgium
• France
• Germany
• Hong Kong
• Ireland
• Japan
• Netherlands
• Poland
• Singapore
• Spain
• Switzerland
• Taiwan
• UK
• USA

We cannot accept orders for shipping to any address which fails to meet the above requirements and are not responsible to deliver the product to your desired delivery address.  You agree not to change your shipping address to an invalid one or one outside the Sales Territories.  If you do, we will be entitled to cancel your order without a refund.

1. Unless agreed otherwise, delivery will be made to the last shipping address provided by you. Please note that all information on the Karuizawa website about the availability, shipping or delivery of a product is merely estimated information and contains approximate values and does not constitute binding or guaranteed shipping or delivery dates, unless expressly stated otherwise in our communications with you.
2. For international orders, you agree that we will use only reputable, signed-for delivery services with tracking.
3. If the delivery service cannot deliver to you because there are obstructions preventing reasonable access or you are not found at the delivery address given by you, you will nevertheless have to bear the cost of such failed delivery.

CUSTOMS

1. When ordering products from Karuizawa for delivery outside of Japan you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional custom, taxes, duties and other charges for customs clearance must be borne by you.
2. When ordering from Karuizawa, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the products. You acknowledge that cross-border deliveries are subject to opening and inspection by customs authorities. Failure by you to comply with such laws and regulations or failure to pay any applicable customs, duties, taxes or other charges may result in confiscation or forfeiture of your product by the relevant authorities.

WARRANTY AND LIMITATION OF LIABILITY

1. Unless where expressly provided by applicable law Karuizawa shall have no liability for any loss, cost or damage (incurred directly, indirectly, consequentially or otherwise) suffered by you and you agree to indemnify and hold Karuizawa and its affiliates and their officers, directors, employees, and agents harmless from and against any and all actions, claims, demands, losses, liabilities, costs, damages, and expenses (including legal fees), arising out of or in connection with:

• your use of the Karuizawa website;
• our reliance on information provided by you which is false;
• any breach by you of these terms and conditions;
• improper use of any product;
• your violation of the rights of any third party;

1. Karuizawa shall have no liability for any loss, cost or damage (incurred directly, indirectly, consequentially or otherwise) suffered by you as a result of any act of God, labor disturbance, sabotage, failure of suppliers of materials, act of the public enemy, war, invasion, insurrection, riot, fire, storm, flood, ice, earthquake, explosion, epidemic, interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services.
2. Nothing in these terms and conditions shall be construed as an exclusion or limitation of liability to which Karuizawa is not entitled under applicable law. For example, we do not exclude liability for death or personal injury where it would be unlawful for us to do so.
3. To the extent the liability of Karuizawa is excluded or limited, such exclusion or limitation also applies to the employees, legal representatives or vicarious agents of Karuizawa.

USE OF THE KARUIZAWA WEBSITE

1. By using the Karuizawa website, you confirm your agreement to these Conditions of Sale relevant to use of the Karuizawa website, whether or not set out in this specific section.
2. We do not guarantee that the Karuizawa website, or any content on it, will always be available or be uninterrupted. We make no representations, warranties or guarantees, whether express or implied, that the content on the Karuizawa website is accurate, complete or up to date. Nothing on the Karuizawa website should be taken as advice or relied upon as such. We take no responsibility for third party links and the presence of such links shall not imply any recommendation or approval of any products or services.
3. We may suspend or withdraw or restrict the availability of all or any part of the Karuizawa website for business and operational reasons.
4. Karuizawa is the owner or has the right to use all intellectual property rights in the Karuizawa website, and in the material published on it (including, without limitation, logos, copyrights and trademarks). Those works are protected by copyright laws and treaties around the world. All such rights are reserved.  You must not use any intellectual property, or part of the content, on the Karuizawa website for commercial purposes without obtaining a license to do so from us or our licensors.
5. From time to time, we may feature promotions or offers on 'the site'. Each offer shall be subject to its own express terms and may not be available in all jurisdictions.
6. We reserve the right immediately to suspend or terminate your use of 'the site' if you breach or we have reasonable grounds to believe that you are likely to breach these terms and conditions or you otherwise engage in conduct which we determine in our sole discretion to be unacceptable.
7. KARUIZAWA SHALL NOT BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE KARUIZAWA WEBSITE, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF KARUIZAWA, EVEN IF KARUIZAWA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. You may use our site only for lawful purposes. You may not use our site:

• In any way that breaches any law or regulation.
• In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
• For the purpose of harming or attempting to harm others in any way.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
• To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of spam.
• To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

AMENDMENTS TO THE CONDITIONS OF SALE

1. We reserve the right to make changes to the Karuizawa website, policies, and terms and conditions, including these Conditions of Sale at any time. You will be subject to the terms and conditions, policies and Conditions of Sale in force at the time that you order products from us, unless any change to those terms and conditions, policies or these Conditions of Sale is required to be made by law or government authority (in which case it may apply to orders previously placed by you). If any of these Conditions of Sale is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

WAIVER

1. Any failure or delay by Karuizawa to enforce any right or provision in these Conditions of Sale shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Karuizawa in writing.

ENTIRE AGREEMENT

1. These Terms and Conditions, including our Privacy Notice, constitute the entire agreement between you and us and supersede all previous statements and understandings whatsoever between us. Any failure by us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision under these Terms and Conditions is found in law to be unenforceable all other provisions of these Terms and Conditions shall remain in full force and effect. We reserve the right to cede, assign or otherwise transfer our rights and obligations in terms of these standard terms and conditions to a third party.

OTHER TERMS

1. You may not assign your rights under these terms without prior written consent of Karuizawa. Karuizawa may assign these Terms without your consent to: (a) a subsidiary or affiliate; (b) an acquirer of Karuizawa’s equity, business or assets; or (c) a successor by merger. Any purported assignment by you in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Karuizawa or any third party as a result of these terms or use of the Karuizawa website.

APPLICABLE LAW

1. These Conditions of Sale are governed by and construed in accordance with the laws of Japan, and the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. We both agree to submit to the exclusive jurisdiction of the Tokyo Courts.

• I have read, understood and accept the terms & conditions. I am over the legal age for purchase of alcoholic beverages in my relevant country. I confirm that the billing and delivery details are correct. I agree to paying in USD (US$).

I understand that recipient is liable for all customs and local taxes when the order arrives in my country.