Article 1 (Scope of These Terms)
Article 2 (Definitions)
1. "Service" means the service designed to introduce recommended merchandise selected by the Company (the "Merchandise") through the Website and to enable Users to purchase such Merchandise on the Website.
2. "Suppliers" means the suppliers who sell wholesale to the Company through the Service the recommended Merchandise selected by the Company.
Article 3 (Conclusion, Modification or Cancellation of Sales Contracts)
1. A sales contract is concluded between the Company and a User when the Company notifies the User that based on order information received from the User the Company has completed the shipment of the Merchandise that was ordered by the User using the Service.
2. A User who is a minor may order Merchandise only with the consent of their parents or guardians.
3. When a sales contract is concluded with a User, the Company will charge the User for the price of the Merchandise purchased under the sales contract.
4. Users may not cancel their order for Merchandise even prior to the conclusion of a sales contract unless the reason for the cancellation meets the criteria established by the Supplier of the Merchandise; and Users have no right to amend or cancel their order once a sales contract has been concluded.
Article 4 (Payment)
1. Users shall settle the payments for the purchase of Merchandise by one of the following methods:
- Payment by credit card;
- Electronic payment service (limited to those designated by the Company); or
- Payment by cash transfer
2. The Company reserves the right to add to or delete the payment methods listed above from time to time when necessary. If an addition or deletion is made with respect to the payment methods, the Company will notify Users thereof by promptly incorporating such addition or deletion in these Terms.
Article 5 (Delivery of Merchandise)
1. Generally, for all orders, Merchandise will be delivered by a delivery company designated by the Company or the relevant Supplier after it is shipped from the Company or the Supplier.
2. Once the arrangement for shipment of Merchandise has commenced, the delivery address of the Merchandise may not be changed.
3. If the Merchandise ordered by a User is not to be received by the User personally, the User shall inform the place of receiving the Merchandise of the expected delivery of the Merchandise in advance so that the Merchandise will not be returned to the Company or its Suppler due to refusal to take delivery or otherwise.
4. The period from the placement of an order for Merchandise to its delivery varies depending on the applicable terms of the Company or the Suppler.
5. The Company reserves the right to extend the period of delivery of Merchandise if and when:
(1) The Company or the Supplier (or its shipper) is unable to ship the Merchandise due to inventory taking;
(2) The scheduled date of shipment falls on a Saturday, Sunday, legal holiday or other day on which the Company or the shipper is not open for business;
(3) The Company or the Supplier (or its shipper) is unable to ship the Merchandise as scheduled due to a large volume of shipment and related workload; or
(4) After the Merchandise has been shipped, its delivery is delayed due to circumstances attributable to the delivery company.
6. Where the date of delivery of Merchandise is specified by the User who purchased the Merchandise, the Company or the Supplier of the Merchandise may select another date as an alternative date of delivery if it is difficult to deliver the Merchandise on such specified date.
7. The Company shall not be liable for any damage suffered by Users as a result of any delay in delivery of Merchandise caused by any of the above or other reasons.
Article 6 (Return and Replacement)
If the Merchandise delivered is found to be different from what has been ordered, or broken, damaged or otherwise defective, such Merchandise may be returned or replaced subject to the terms and conditions set forth on the page showing the details of the Merchandise.
Article 7 (Use of the Service, Withdrawal, and Requirements to be Followed)
1. When using the Service, Users are required to comply with the Term.
2. If a Supplier of Merchandise requires purchasers of the Merchandise to comply with its own terms and conditions, Users shall understand and comply with such terms and conditions at its own responsibility.
Article 8 (Use of Personal Information)
Article 9 (Copyrights)
The copyrights to the works used in the Service (including, but not limited to, sentences, photographs, maps, paintings, drawings, diagrams, films, music, programs and database, and derivative works or compilations thereof) are the property of the Company or of the legitimate holders of such copyrights. Users shall not reproduce, present, perform, show, transmit to the public (or make transmittable), dictate, display, distribute, transfer, rent, translate, adapt or alter such copyrighted works without the consent of the Company or the respective copyright holders.
Article 10 (Trademarks and Other Names or Marks)
Users shall not use the trade names, trademarks, product names, service names, logos or any other names or marks used in the Service without the consent of the Company or the respective owners thereof.
Article 11 (Prohibited Acts)
When using the Service, Users are prohibited from engaging in any of the following acts:
(1) Violating any of these Terms;
(2) Altering or deleting information that can be used through the Service;
(3) Attempting unauthorized access to other computer systems or networks connected to the Service;
(4) Infringing, or engaging in any act that may cause infringement of, a copyright, trademark right or other intellectual right of the Company or a third party;
(5) Slandering or libeling the Company or a Supplier or third party, or damaging or prejudicing their honor or reputation, or engaging in an act that may cause such slandering, libeling, damaging or prejudicing;
(6) Violating a property right, privacy right, right of likeness, publicity right or any other right of the Company or a Supplier or third party, or engaging in an act that may cause such violation;
(7) Failing to pay any amount charged by the Company (for whatever reason);
(8) Engaging in a commercial activity or any other activity for profit-making purposes, or in an act that is intended to prepare therefor;
(9) Promoting a pyramid scheme, or soliciting participation in such pyramid scheme;
(10) Engaging in an election campaign or any similar activity or an activity that violates the Public Offices Election Act;
(11) Using or providing computer viruses or other harmful programs, or engaging in an act that may lead to the use or provision of such computer viruses or other harmful programs
(12) Using the Service in the disguise of the Company or a Supplier or third party;
(13) Causing damage or disadvantage to the Company or a Supplier or third party or engaging in an act that may cause such damage or disadvantage;
(14) Transmitting spam mails, junk mails, chain letters or other unsolicited messages;
(15) Communicating to other people any information, document, graphic or anything alike that is offensive to public order and morals, or engaging in an act that is, or is likely to be, offensive to public order and morals;
(16) Committing an act that constitutes or may constitute or lead to a crime;
(17) Committing any other act that constitutes or may constitute a violation of any applicable law, rule, regulation or ordinance;
(18) Assisting in or encouraging any of the acts listed above; or
(19) Performing any other action that the Company deems inappropriate.
Article 12 (Indemnification for Damage)
Users shall indemnify the Company and Suppliers and third parties for any damage (including attorneys' fees and expenses) suffered by them as a result of a breach of these Terms by Users. If any dispute arises between a User and the Company or a Supplier or third party out of or in connection with a breach by a User of these Terms, the User shall settle such dispute at its own responsibility and expense and shall not cause any damage, trouble or influence to the Company.
Article 13 (Disclaimers)
1. The information on the Merchandise and Service made available through the Service may be amended, supplemented or deleted from time to time without prior notice to Users when deemed necessary by the Company or Suppliers.
2. The Company shall not be liable for any damage or trouble caused to Users in connections with their use of the Service, including the services provided by Suppliers, to the extent that such damage has occurred due to reasons for which the Company is not responsible.
3. In order to improve the Service, the content and functionality of the Service may be changed, added or deleted from time to time without prior notice.
4. With respect to the Service, the Company does not warrant that:
(1) The Service will meet all requirements of Users;
(2) The information posted on the Service will meet the requirement of being immediate, correct, legitimate, useful or complete;
(3) The Service or its functionality will be uninterrupted, there will be no disturbance to communication lines, or there will be no system-related errors, bugs or other faults;
(4) Errors or defects will be corrected; or
(5) The Service will be free from computer viruses or other harmful components;
5. The Company reserves the right to suspend or terminate the operation of the Service without prior notice if and when:
(1) Any information or functionality provided by the Service or any system used to provide the Service needs to be changed on a periodic basis or in the instance of an emergency;
(2) A system or device needs to be inspected on a periodic basis or in the instance of an emergency;
(3) It becomes impossible to maintain the operation of the Service due to force majeure including without limitation an act of god, earthquake or power failure;
(4) The Company determines that it is necessary to do so on the grounds of its business strategy;
(5) It becomes necessary to suspend or terminate the provision of the Service due to unforeseen circumstances;
7. Even in cases where the content or functionality of the Service is changed, added or deleted pursuant to paragraph 3 of this Article, or where the operation of the Service is suspended or terminated pursuant to paragraph 5 of this Article, without prior notice, the Company shall not be liable for any damage that may be caused as a result thereof.
Article 14 (Revision of These Terms)
1. The term of these Terms shall commence on the latest revision date mentioned in the supplementary provisions hereof and shall continue until these Terms are revised next time.
2. The Company reserves the right to amend, add to or delete any of these Terms without prior notice to Users.
3. Users are required to acknowledge these Terms each time using the Service. These Terms, as amended, will become effective when they are posted on the Website unless otherwise specified by the Company.
4. If a User uses the Service after these Term have been amended, the User shall be deemed to have accepted these Terms as amended.
Article 15 (Other Provisions) 1. Users may not assign, transfer or encumber in favor of a third party their status as a user of the Service or their rights or obligations arising from such status without the prior written consent of the Company.
2. The formation, validity, performance and interpretation of these Terms shall be governed by and construed in accordance with the laws of Japan.
3. If a dispute arises between the Company and a User in connection with the use of the Service and the dispute cannot be settled by applying these Terms, the Company and the User shall endeavor to resolve such dispute through good faith discussions between the parties.
4. Any action relating to the use of the Service shall be subject to the exclusive jurisdiction of the Tokyo District Court or the Tokyo Summary Court, irrespective of the amount claimed, in the first instance.