.......................... .TERMS & CONDITIONS

Official order

1. Rainbow ten will acknowledge E-mail that contains the following information in it, and being received at order@rainbowten.co.jp, as an official order: a) Customer number (registered customer) b) Name c) Shipping address d) Method of payment e) Method of delivery f) The items to be purchased 2. For the first time customer, Rainbow ten will issue the customer number when the first order is dispatched. Therefore, the first time customer can leave the "Customer Number" section in Blank, or "NEW" "First time". 3. If the method of delivery is not specified in the order, we will use: a) SAL for model kits including various materials & Publications b) EMS for Radio Control items c) EMS for N/HO trains. d) EMS for any order of its value more than 23,000yen If the size & weight is over the limit of SAL/AIR/SURFACE SP, Rainbow ten will select the cheapest shipping method excluding surface mail. 4. If the shipping address is not specified in the order, Rainbow ten will use the shipping address used in the most recent (previous) order. 5. If the method of the payment is not specified in the order, Rainbow ten will use the same method of payment used in the most recent (previous) order. This term also indicates that RAINBOW TEN will use the same card numbers as in the previous order if the new card or any update have not been informed in the order or in advance if the specified name of card is identical. 6. Rainbow ten offers an official order form. Rainbow ten will regard any E-mail received at order@rainbowten.co.jp with an official order form that is provided sufficient information to proceed with order, Rainbow ten will immediately process it. 7. E-mail received at info@rainbowten.co.jp that includes sufficient information to be processed with order, also it obviously shows the customer's intention to place an official order, Rainbow ten will regard it as an official order & proceed with it. However, if the E-mail received at either E-mail address order@rainbowten.co.jp or info@rainbowten.co.jp with insufficient information for processing, Rainbow ten may cancel the order. 8. Card number is not necessary to be advised each time the customer place an order if there is no change. In that case the customer can leave the card number in blank, or "on file". 9. Rainbow ten will acknowledge the time of the completion of order on: a) Reception of authorization (for credit card payment) b) Reception of the payment (PAYPAL) *The order completion is also regarded as the contract between RAINBOW TEN & the buyer has been landed on and fulfilled at the same time. 10. Miscalculation or typo will not be regarded as an offical documentation. These error will be corrected in the process and the correct calculation will be reflected to the actual payment.

Pre-order

1. Rainbow ten will take pre-orders for the future release items that are officially announced to come out soon by the manufacturers. 2. The scheduled price is subject to change in accordance with the manufacturers' convenience. 3. Rainbow Ten will not charge any money before the items on pre-order arrive. 4. Rainbow ten will offer 10% off discount for TAMIYA Plastic injection model/Tools/Paints new release items if pre-ordered. Pre-order discount is only valid before the date of the release of the kit. 5. Some minor items from small companies might not be unabailable from our source regardless of the status of pre-order (resin kit, toy related items, collectibles and others) 6. Items on pre-order is basically scheduled to beshipped immediately upon release. If any other future release items are pre-ordered together, Raibow ten will consider the gap betweeen the release date for the items and may combine/separate pre-order. 7. It's not possible to give an exact postage before the release of the item on pre-order. However Rainbow ten would ask the customer's kind cooperation to specify the delivery method in the pre-order. 8. Any personal/wholesale discount will not be applied additionally to the TAMIYA pre-order discount. 9. Pre-order can be combined with other existing items, but unable to combine with the future release items if the interval between each release due is more than a month. 10. Basically Pre-order is to be shipped immediately upon release. 11. If pre-ordered items are to be held by the customer's request, Rainbow Ten will hold the shipment until the end of the month in which the pre-ordered items are released. Held Pre-order is basically to be shipped every end of the month so that there may be some cases that rainbow Ten can not combine the items of which release date is scheduled in more than a month interval, or across the month. 12. Pre-ordered items can be shipped with the existing items.

Handling for small order

1. Rainbow ten will charge the following handling commission according to the amount of purchase in one order excluding shipping cost: a) Sub total 2700yen or less : 300yen b) Sub total 2899yen or less : 200yen c) Sub total 2999yen or less : 100yen e) Sub total 3000yen or more: 0yen 2. Handling commission can be erased if the customer placed an additional order that makes the sub total over 3000yen. 3. If the order is partially shipped & charged, handling commission will not be charged if the original order sub total amounted over 3000yen. 4. Once the order is dispatched from Rainbow ten and accepted by the postal office, the shipping cost will not be refunded in any cases, even if the shipment is retracted before loaded on the airplane/vessel.

VAT for substantial order

The order amounted to over 200,000yen in sub total is subject to 10% VAT. RAINBOW TEN will divide the charge into more than 2 separate payment in order to avoid VAT at our descretion.

Customer registration

Customer registration will be automatically done in the first time order. However, there is a restrcition according to the destination/Shipping address: 1) If the billing address and shipping address not in the same country, you need a "verified paypal account" also update the shipping information you register at PAYPAL. 2) If the destination is Indonesia, we can not take credit card payment for the first order. Rainbow ten only accepts PAYPAL verified account payment from the first time customer in Indonesia (they can create paypal account via Singapore/Malaysia, and can verify it in Indonesia).

Method of delivery

1. Rainbow ten only provide EMS delivery to any order. However the below delivery types are also available by the customer's decision. However once non-EMS delivery is selected, the order with non-EMS delivery will not be refunded/guaranteed/insured by Rainbow Ten under any occasion/situation in case of non-delivery. a) SAL SP [Surface Air Lifted Small Packet] (A.K.A. Economy Airmail) Designated delivery time 2 - 6 weeks, sometimes more. No tracking information, no insurance, no refund in case of non-delivery under any given circumstances. *with additional +410yen per box, web tracking info can be attached (SAL SP Registered) i) not available to South Korea, Taiwan, Panama, Brunei, Bosnia, Macao, Morocco, Venezuela and any other destinations listed on Japan post's SAL unavailable countries ii) not available to Russian Federation due to repeated delivery lost iii) not recommended this delivery to South East Asia, South America, Africa, and EU nations which have very strong inspection system (like Italy and France) b) AIR SP [Airmail Small Packet] (A.K.A. Regular Airmail) Designated delivery time 1 - 2 weeks, sometimes more. No tracking information, no insurance, no refund in case of non-delivery under any given circumstances. No tracking information, no insurance, no refund in case of non-delivery under any given circumstances. *with additional +410yen per box, web tracking info can be attached (AIRMAIL SP Registered) i) not available to South Korea, Russian Federation: Because of repeated delivery lost c) EMS [Express Mail Service] (A.K.A. Priority express mail) Designated delivery time 3 - 6 days depending on the destination. This delivery comes with web-tracking information and included insurance covers upto 20,000yen shipping value. i) This is the default/most recommedned delivery service by Rainbow Ten d) Surface SP [Surface mail Small Packet] Designated delivery time 2 - 6 months. No tracking information, no insurance, no refund in case of non-delivery under any given circumstances. *with additional +410yen per box, web tracking info can be attached (SURFACE SP Registered) e) SAL P [Surface Air Lifted Parcel] Designated delvery time 2 - 6 weeks. This delivery can be tracked on the web. f) AIR P [Airmail Parcel] Designated delivery time 1 - 2 weeks. This delivery can be tracked on the web. i) This delivery is more expensive than EMS to most countries. Rainbow ten will always make comparison with EMS if customer specified the delivery AIR P, and if EMS is less expensive, we will use EMS instead. g) Surface P [Surface mail Parcel] Designated delivery time 2 - 6 months depending on the destinaiton. This delivery can be tracked on the web. h) Fedex (recipient's reserved charge) 2. Delivery method must be specified in the order by the customer. If there is no request about the method of shipping, Rainbow ten will have the discretion to decide what method to be used. 3. Fedex is not available to South east Asia and Hong Kong, also any country in Africa. 4. Fedex can only be used if the customer has an account of it and shipping cost is paid on the customer's end. 5. Rainbow ten may use more than 2 separate shipment if the shipping cost can be saved by the separate shipping. 6. Method of delivery can only be changed if the notification of changing delivery method is advised to Rainbow ten before the completion of order (conditional). 7. Any other delivery method stated herein will not be used under any circumstances. 8. Any order amounted to more than 22,000yen might be shipped by EMS at Rainbow Ten's descretion.

Hold of shipping

1. Rainbow ten will hold the shipment (dispatch of order) under the following status: a) Charge and hold Rainbow ten process a part of order and charge for it, payment cleared and wait for the rest of the order. (i.e, Your order includes something not released yet (reservation). Rainbow ten process the items in stock and wait for the coming new items) [Maximum holding time is 90 days] b) Non-charge and hold Rainbow ten will hold processing order if some items are expected to arrive/be released soon. In this case Rainbow ten will hold processing order until all the items in order are in stock. However, if the release date for new items is delayed or the items on back order does not arrive, Rainbow ten will process the rest of the order [Maximun holding time is 7 days] 2. If any of Small packet delivery is selected (SAL SP, AIR SP, SURFACE SP), Rainbow ten has the right to ship the part of order if it fills up the box in weight or size limitation. 3. This hold of shipment is recognised to be arranged for saving shipping cost. Therefore, Rainbow ten has the right to ship the order if hold of shipping does not save shipping cost. (i.e, Your oder is requested to be shipped by SAL SP, and entire order is substantial so that it is expected to be shipped in more than 2 boxes. Some items in the order have not arrived but now the first one box is filled up. In that case Rainbow ten may ship the first box because there is no merit to hold it in terms of saving shipping cost) 4: If the Charge & Hold shipment is cancelled, whether it is a part of order or an entire order, the customer who canceled the order will lose the charge & hold arrangement and will only hold the shipment under the terms & conditions of the article 2 herein "non-charge and hold" thereafter.

Reasonable way not surface

1. Rainbow ten will offer "Reasonable way not surface" as one of the choices in delivery. In this method of delivery, Rainbow ten will make a comparison between all available choices and pick the most efficient delivery considering time & cost. 2. "Reasonable way not surface" includes SAL SP, SAL P, AIR SP, EMS as choices. 3. Any method of delivery selected by "Reasonable way not surface" will be applicable to Rainbow ten non-delivery refund terms & conditions stated herein.

Payment

1. Rainbow ten will accept credit card (VISA/MASTER/AMEX) and PAYPAL. 2. Rainbow ten will not accept Cash, International Money Order, Western Union, Bank TT and Postal Money. a) If the Payment is cleared by the card, Rainbow ten will charge the payment just before the order is dispatched. b) If the payment is made by PAYPAL, Rainbow ten will send Money request to the customer by E-mail and will ship the order on reception of the payment. PAYPAL payment is not allowed to cancel part of the order or change for the method of delivery once the payment is made. Rainbo ten will not accept cancelation once the order is in completion.

Paypal Payment

1. Any perosn who use this payment method is authomatically acknowledged by Rainbow Ten as they are fully understand the terms and conditions, and will follow and accept the risk of non-delivery if non-EMS delivery is chosen by their decision. 2. If those how placed an order with paypal payment and choose non-EMS delivery, Rainbow Ten will recognise they have abondoned any dispute rights arbitrated by Paypal. If they put the non-delivery order into paypal disputes, and if Rainow Ten lose the case, Rainbow Ten will separately bring the case to legal law suit carried out by Shizuoka Pref. Japan Judicial agencies. 3. Shipping address provided in the order E-mail and the counterpart stated in the paypal payment cleared notification must be identical. If there are any discrepancy between those, Rainbow ten will not ship the order.

Disputes

1. Any legal dispute arose within Rainbow Ten Mail order will be carried out and subject to Shizuoka Pref. Japan law. 2. Rainbow Ten will take legal measure against card fraud, payment fraud and illegitimate reversal of payment.

Cancelation

1. Rainbow ten will accept cancelation only before the order is dispatched and accepted by the postal office. 2. Rainbow ten will send delivery notice after the dispatch of order, so any cancelation after the reception of delivery notice is treated as marchandise return/exchange.. 3. Any cancelation after dispatch will be treated as merchandise returns/exchanges and will be treated as such, as specified herein. 4. Repeated cancelation, or TAMIYA parts order cancelation after official procedure has been taken will be regarded as a violation of Rainbow ten service policy and Rainbow ten may terminate the relationship with the customer who canceled these type of order. 5. If the cancelation of an item/items makes the sub total below 3000yen in the total, Rainbow ten will charge the handling commission applicable to the order amounted less than 3000yen. 6. Pyapal money requst cancelation will result in termination of business relationship. Any person who canceled the paypal money request without advanced notification, we will not accept his/her order permanentally. 7. Rainbow ten will register the number of cancelation one customer has made in the past, and if the total cancelation in one year become more than 5 times, Rainbow ten may temporaliry suspend accepting order from said customer.

Non-delibvery disclaimer against SAL/AIR/Surface Delivery

1. RAINBOW TEN, under any circumstances and conditions, will not take any responsible against non-delivery to the destination specified below by SAL/AIR/SURFACE delivery chosen by the customer's choice and discretion. This term "of customer's choice" includes SAL/AIR delivery selected by the customer's choice as defined as "Reasonable way not surface". 1) All countries 2. The term "non-delivery" includes lost, damage, pilferage, and other cases that are not done by RAINBOW TEN after dispatch of the order. 3. RAINBOW TEN will present any proof that RAINBOW TEN has surely shipped the order if requested by the customer. This proof includes the bill, invoice, dispatching note and other material that can proof that the non-delivery order was sure dispatched from RAINBOW TEN & received by the due postal office, in the light of the characteristics of these delivery methods that SAL small packet or AIR small packet can only be identified (or can not be identified) by the weight of the shipment. 4. RAINBOW TEN will suggest & recommend use of EMS delivery to any order(insurance included upto 20,000yen value). In spite of this, SAL/AIR/SURFACE delivery options are still available at customers' discretion but the buyer must understand these deliveries are not guaranteed/insured/refunded.

Non-Delivery Risk Management

RAINBOW TEN will not guarantee/refund any non-delivery for SAL/AIR/SURFACE/Reasonable way not surface delivery if the customer does not use Registered mail and did not attach tracking service (+410yen per box) 1. Non-delivery EMS can be refunded under the following terms & conditions: 1) Grace Period: 3 months (90 days) from the dispatching date. 2) The destination must be not listed in "Destination of refund exemption". 3) Recipient of the non-delivery order must contact the local post office & the Customs for official claim. 2. Rainbow ten make refund to the recipient when Japan Post Service have completed refund to Rainbow ten. 3. This refund shall be given & offered only once to the customer. RAINBOW TEN will not refund any non-delivery once after the refund has been given, while RAINBOW TEN recommend other insurable delivery method. 4. RAINBOW TEN may terminate relationship with the customer who repeatedly fails to receive the order (including ignoring repeated delivery attempt/Customs notification for Tax declaration). 5. If non-delivery is repeatedly reported & claimed, concentrated in a certain destination, RAINBOW TEN may determine the area to be "Destination of refund exemption". 6. Refund amount: The item sub total amount, not including shipping cost. 7. Refund method: RAINBOW TEN will suggest the following refund methods for choice: 1) Shop Credit RAINBOW TEN will register the item sub total enclosed in non-delivery order on the data base, and deduct that amount from the customer's next order. 2) Card Refund RAINBOW TEN will refund to the customer card directly via card company. This process takes 2 months. 8. Additional terms & conditions may take place if RAINBOW TEN & the customer agree each other in written form (including E-mail). Terms: A) "The customer" defines the person who bought items from RAINBOW TEN & has not received his/her order after three months from the dispatching date.

Responsibility for import tax

1) RAINBOW TEN will take every tax-avoiding procedure when the customers request us to. 2) "Tax-avoiding procedure" indicates that the lower declaration of the value, no bill enclosed, the declaration for the contents by disguise, special packing & other conditions that is confined within legal activity. 3) Although RAINBOW TEN will follow the request with regard to the avoiding tax procedure, RAINBOW TEN will not take any responsible for the taxation charged at the country of destination. RAINBOW TEN will recognize & follow the due taxation at the country of destination with the respect of the law/regulation at the country of destination, regardless of whether the tax is levied or not. 4) Rainbow ten will follow the customer's request at the customer's responsibility with regard to the tax-avoiding procedure. However, RAINBOW TEN will not take any responsible for tax levied at the country of destination due to the description/value/and other condition on the shipment even when the description/value/and other condition are not exactly done as the customer's request, as long as these declaration remain the actual/true condition of the shipment. 5) RAINBOW TEN will not refund/take any taxation (and any extra duty/charges occured accordingly) charged at the country of destination under any circumstances.

Items unavailable for export

1) rainbow Ten will not ship any type of Flammable items, gas-charged sprays and cans.

Invoice

1) Invoice is to be attached inside of the shippin box otherwise requested. 2) RAINBOW TEN is able to attach the invoice outside of the shipment upon request. 3) Invoice can be shipped separately from the shipment by airmail. This separate invoice shipping requires additional airmail postage (+110yen-130yen depending on destination). 4) RAINBOW TEN is able to discard invoice and not enclose any invoice related documents in the shipment upon request. This procedure includes the customers who request RAINBWO TEN not to enclose any type of invoice on regular basis. 5) Once "no bill" or "do not enclose any type of invoice" or similar request is placed by the customer, the invoice will be discarded by RAINBOW TEN. 6) Re-issue of the invoice is required 300yen re-issue handling if the original invoice was once discarded by the customer's request.

Damage against the shipment on arrival

1) RAINBOW TEN will not guarantee & will not take any responsible against any damage on the shipment on arrival. RAINBOW TEN gives of satisfactory packing to the order that is generally recognized as packing, bearable in international transit under the ordinal treatment by the due agencies. 2) RAINBOW TEN will not charge any packing cost to any order regardless of the amount of purchase. This indicates that there is no damage on arrival is officially guaranteed & insured in any type of delivery. RAINBOW TEN recognize that customers understand that the damage in transit against the shipment is thoroughly caused by the due agencies of delivery that is out of RAINBOW TEN's control . 3) RAINBOW TEN will not guarantee & will not take any responsible against any damage on the "LEXAN" "POLY CARBONATED" "VACCUM" formed parts under any occasion. This is to be understood by the seller & buyer because the nature of the item is very fragile & originally unbearable in international transit under any type of the packing. 4)3) RAINBOW TEN will not guarantee & will not take any responsible against any damage and leaking of the "liquid" materials under any occasion. This is to be understood by the seller & buyer because the nature of the item packaging (difference in expansion ratio between bottle/bin and lid) in international transit under any type of packing made.

Merchandise Returns/Exchanges

To return the items you must contact by E-mail within 7 days from the completion of the delivery. All returns must be new, unused accompanied by a copy of the invoice and in original packaging suitable for resale. No returns on publication products. There is minimum of 300yen or 10% restocking fee for returns whichever is greater and a 100yen fee for exchanges.

Web Site Contents

1)Rainbow ten believe the contents and specifications of this web site are correct. Rainbow ten Assume no liability for any errors in listing, specifications, part numbers, or model applications. Rainbow ten are not obligated to sell at listed prices if there is an error. Rainbow ten reserve the right to change specifications, product description, product quality, pricing and application at any time without further obligation. 2) Rainbow Ten will not sell items with more than 50% off price. Any prices that is less than 50% of the original price will be regarded as a typing error/web technical probelm, and we will not officially accknowledge that price to sell the said item.

---

rainbow ten Co.Ltd 2008 non-delivery terms & conditions (last updated March 25th 2008)