Terms of Service

This web site is created and operated by YOU AND EARTH CO., LTD. ("YE") , located Tokyo Japan. Please read this Terms of Service ("TOS") carefully before you use this web site. By accessing and using the HOTMOBILY service, you accept and sgree to be bound by the terms and provision of the TOS.
When YE receives order and all of the payment, not partial, from you your order to YE is confirmed. Your order to YE shall be sent by email. We do not accept order by telephone or fax. Please check order content before you plance an order. When you make partial payment without our permission we do not start mass production.
HOTMOBILY soft rubber products are custom made products based on your design. YE will first create final product image based on the design provided from you and will send it to you for confirmation. Up to 8 colors of your choice are available. Colors are specified by CMYK. PANTONE color number can also be used for more strict specification. Trial product is provided only when you ordered. You will be charged for trial product shipment fee when you order trial product.
YE can send you some free samples for your evaluation of our product. Shipping fee as well as sample is free for free sample. You do not need to return free sample. Please request free sample from SAMPLE REQUEST. Our free sample is not trial product of your design. YE will decide type of samples sent to you.
Please send your design as adobe illustrator CS3 (Version13) or older version. Additional trace charge of 40 USD is required when you send such files as JPEG, Microsoft Word and other non adobe illustrator files. Not only do we make products but design Cell Phone Charm Straps, Key Chains, Coasters and LCD Cleaner Cell Phone Charms. When you have not decided design we will create design for you based on your requests. Additional charge is required for design making. Please order design from Design center PAGE
YE will send invoice after YE receives order. Payment shall be made by clicking link in your invoice email. VISA, MASTER and PAYPAL are available. YE will start mass production after YE confirms payment.
Your order is completed when following all of 3 items, a) b) and c) are completed. Production will start after order is completed. YE will not contact you to urge ordering process when you have not completed order. YE will send you [Notice of production start] e-mail when YE starts production. If you do not receive this e-mail one of the following has not been completed.

a) You have completed order to YE.
b) Both you and YE have confirmed that there is no problem for your design.
c) All production fee, not partial, has been paid and YE has confirmed.
Date of production start is mentioned in [Notice of production start] e-mail, which may not be the same as the date you inputted order in this web site.


BEFORE ORDER COMPLETION
Your order can be cancelled. When payment has been completed YE will refund the balance after deducting basic production fee and other cost such as tracing fee. Refund will be made to your credit card or Paypal account.

BEFORE START OF MASS PRODUCTION
Refund amount differs depedning on the progress of your order.

AFTER START OF MASS PRODUCTION
YE can not accept cancellation. Refound request can also not be accepted.

AFTER START OF MASS PRODUCTION
YE will not accept cancellation and will not refund any production fee.


Delivery date differs depending on products and the number of PC ordered. Rush order is available. Please check its detail in here. Products must be delivered to your office or home. YE can not deliver products such location as trade show theater site. Please check delivery status by yourself by using tracking number included in [Notice of product delivery] e-mail.


YE will notify you when YE finds it difficult to deliver product on the date that is mentioned in [Notice of production start] e-mail. Product may not be delivered on time depending on custom clearance reason. YE will not accept order cancellation, product return or refund due to product delivery delay. YE will return full amount only when you used rush order and you did not receive product on time.


YE will notify you the completion of delivery by email. Your product is delivered by EMS or other express courier. Please specify one delivery destination per order. (YE will not accept such request as 2 different destinations for each 50PCS of total 100 PC prder.) Each product is packed in a clear plastic bag. If you have specific bag to be used please let us know or send bags before production.


Every piece of product is inspected by YE. Please let YE know if product you received is not apparently the same as the product you ordered. YE will immediately remake the product and will send it to you. Apparent difference means the shape or color of the product is not the same as your order. YE will remake all of the product for free of charge when such mistake happen. Please let us know immediately when you receive incorrect product. YE will not accept any return or remake because of the reason of your side. Please recheck size, design and color of your product before you order.

When you find shortage in the order quantity please let us know immediately. YE will make shortage and send it to you.

Replacement will be sent to you after YE receives defect product from you. (YE will pay for the shipping charge.) YE will accept claim for replacement or shortage of product within a week from the date you receive your product. YE will not accept return or replacement when a part or whole of your product is used.

Shape or color difference within YE quality standard is not considered as defect and will not be replaced. Length of our charm cord is about 2" and it fluctuates. Color of your product may not be as you expected when you use CMYK. It is true that when you use CMYK the color looks different on each monitor its shown. Please do not expect exact color matching when you use CMYK. YE will not accept return or remake when there is no trial product making. Thickness of slit may differ from the one on final design image.

Product remake will immediately start when YE receives notification from you. YE will not accept any kind of compensation for the delay in delivery or cancellation due to delay in delivery. YE will not accept any loss or damage caused by the defect of product or delay in delivery. Those loss or damage includes such as compensation for the opportunity loss in a trade show when product is not delivered on time or damage to your cell phone when it was tied to our strap and fell on the ground.

YE is not responsible for delivery delay due to courier reason. All products from YE are made in either Thailand or China and need to be cleared at custom. There will be no promised number of days in custom clearance. YE is responsible for the damage during delivery. Please let us know the damage as soon as you receive it.


YE will be responsible for the compensation of loss or damage described below.

1)YE will remake and send products when you receive apparently different product from the one you ordered.
2)YE will remake and send products when you receive damaged product. The number of remake is limited to the number of the damaged product.
3)YE will return all the payment when you order rush delivery and YE did not deliver your product on time.

Any loss or damage that is not described above will not be compensated.


YE is not responsible for the loss or damage that is caused by the usage of our products. Such damage includes broken cell phone when tied to our strap or malfunction when your cell phone electrodes short circuited by our straps metal part.

YE is not responsible for the loss or damage caused by products failure or delivery delay. Such damage includes compensation of opportunity loss when your product was not delivered on time to a trade show.

YE is not responsible for delivery delay. YE will remake products for the damaged products.

This TOS is agreed between you and YE. When you distribute the products you ordered and a third party user uses the product, YE does not owe any responsibility to the third party. YE is not responsible for the agreement made between you and a third party.

Unless there is written document agreed between you and YE this TOS is effective.

YE tries to be as accurate as possible for the content of this WEB site. YE does not guarantee the content of this WEB site. YE is not responsible for any loss of damage caused by the content of this WEB site.