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Terms of Service
The terms of service (the "Terms of Service") apply to all matters between the Company and the User (as defined in Article 3) of this Website operated by PERCH Ltd (the "Company"). By using this Website, the User agrees to all Terms of Service. Please note that the Company reserves the right to change the Terms of Service at any time without notice, so please check the latest version of the Terms of Service before using the site.
Article 1 Terms of Service Changes and Scope of Application
1.The Terms of Service apply to any and all use of this Website.
2.The Company may revise the Terms of Service as necessary. Please note that any revision of the Terms of Service shall be effective from the time of posting on this Website, and the User's use of this Website after the revision of the Terms of Service shall be deemed as the User's agreement that the revised Terms of Service shall apply to the use of this Website.
3.The Company may establish separate terms and conditions for the use of this Website, which may be different from the Terms of Service. These separate terms and conditions shall constitute a part of the Terms of Service regardless of their titles.
4.The Company may add or change the content and URL of this Website, or discontinue posting it, as necessary.
Article 2 Services
1.The services provided by the Company shall be the following services (the "Service(s)").
(1) services for the sale of goods
(2) information services
(3) miscellaneous services provided by the Company
(4) miscellaneous services incidental to the above
2.Company may revise the Service at its discretion.
Article 3 User Definition
The term "User" refers to an individual, corporation, or other organization that utilizes the Services. By using the Service, the User agrees to the Terms of Service.
Article 4 Member Definition
1.The "Member(s)" means a User who has agreed to the Terms of Service, has completed the prescribed procedures necessary to apply for membership on this Website, and has been approved by the Company.
2.The "Member Information" means information disclosed by the Member to the Company regarding the Member and the Member's transaction history.
3.The Terms of Service apply to any and all the Members.
Article 5 Member Registration
1. (Member Qualification)
If the User agrees to the Terms of Service and completes the necessary steps to apply for membership on this Website, and if the Company approves the application, the User shall become a Member. The registration process for the Member shall be completed by the User himself/herself, and no proxy shall be allowed to register. Please note that the Company reserves the right to reject applications for membership from persons whose membership has been previously revoked or who are otherwise deemed by the Company to be unsuitable for membership.
2. (Membership Fee)
There is no admission fee, annual membership fee, or other fees to become a Member.
3. (Member Information Registration)
When completing the Member registration process, please read the instructions carefully and fill out the required entry form correctly. If any special symbols, old Kanji characters (for Japanese members), or other characters that cannot be used are registered in the Member Information, the Company will change them as appropriate. The Member must not register any false information, third-party information, nonexistent information, or any other fraudulent information when enrolling. The Company reserves the right to terminate the Member's registration without prior notice to the Member in the event that such irregularities are discovered, even after the Member has been approved for membership.
4. (Change Member Information)
The Member shall promptly notify the Company of any change in the Member's registration information by following the prescribed procedure for changing registration information on this Website. The Member acknowledges that there may be a time lag in the updating of registration information, and the Member should always verify that the information is current before using the Service. The Company shall not be liable for any damages resulting from the Member's failure to make changes to his/her registration information, or for the Member's failure to acknowledge the time lag in updating his/her registration information. Transactions that have already been processed prior to the change of registration information shall be processed based on the information before the change.
Article 6 Member Information Management
1.The Member must register an e-mail address and a password. The Member may change the password at any time.
2.The Member shall manage the registered e-mail address and password at his/her own risk and shall not lend, transfer, sell, or otherwise deal with them to any third party.
3.The Member shall be solely responsible for any damage caused by reasons attributable to the Member, including, but not limited to, inadequate management of the Member's email address and password, errors in use, or use by a third party.
4.Any manifestations of intention made to the Company using the registered e-mail address and password shall be deemed to be the Member's manifestation of intention, except for reasons attributable to the Company, and any payments resulting therefrom shall be the Member's sole responsibility.
5.If the Member discovers that his/her registered e-mail address and password have been misused by a third party, the Member shall immediately notify the Company and comply with the Company's instructions (if any).
Article 7 Cancellation of Membership
If the Member wishes to cancel the membership, the Member shall complete the necessary cancellation procedures on this Website, and upon receipt of the Member's cancellation request by the Company, the Member shall be deemed to have cancelled his/her membership, Upon cancellation of membership, the Member will no longer be able to use the Member-only services that were previously available to the Member.
Article 8 Handling of Personal Information
1.Company shall handle User's personal information in accordance with the "Privacy Policy" separately stipulated. Please click here to read the contents of the Privacy Policy.
2.The Company may provide information (including advertisements) to Users who request it by means of e-mail newsletters and other methods. Whether or not to provide information shall be indicated by the User in the manner prescribed by the Company on this Website; provided, however, that the Company may provide information necessary for the operation of this Website without regard to the Member's manifestations of intent.
Article 9 Suspension of the Service, Cancellation of the Member's Registration, Damages
The Company may suspend the Service or cancel the Member registration without prior notice to the User if the User or a third party entrusted by the User commits any of the following acts, and the User shall be liable for any and all damages suffered by the Company as a result of this.
(1) unauthorized use of registered e-mail addresses and passwords;
(2) interfering with the Company's business when accessing this Website, altering information, sending harmful computer programs to this Website, etc., whether or not with malicious intent;
(3) infringement of the intellectual property rights of the Company's goods (the “Goodsˮ) and the contents of this Website;
(4) making a false declaration when applying for the Member status;
(5) any delay in payment or other default with respect to the Service;
(6) repeated returns and cancellations, in an extent as determined by the Company in is sole and absolute discretion;
(7) any acts that fall under Article 23 (Prohibitions), below;
(8) unreasonable demands beyond legal responsibility;
(9) threatening words or deeds or using violence in connection with a transaction;
(10) any act to damage the other party's credibility or obstruct the other party's business by spreading false rumors, using fraudulent means or using force;
(11) if a person is recognized as belonging to or being related to antisocial forces, or having business dealings with anti-social forces or in violation of community standards, as determined by the Company in its sole and absolute discretion;
(12) other acts that violate the Terms of Service;
(13) if the Company otherwise determines, based on reasonable grounds, that a person is unsuitable as a Member or a User of this Website.
Article 10 Individual Agreement
1.The User may use this Website to purchase Goods or services (the "Goods or Services") from the Company.
2.If the User wishes to purchase Goods or Services, the User shall place an order for Goods or Services in accordance with the method specified by the Company.
3.The individual agreement for Goods or Services (the "Individual Agreement") shall become effective when the Company sends the User an e-mail or indicates on this Website that the Company accepts the order as specified in the preceding paragraph; provided, however, that the Company shall have no obligation to accept any order from User, and the Company shall not be liable for any costs or losses incurred by User as a result of the Company's rejection of User's order.
4.If the User is a minor, the User shall obtain the consent of his/her parent or legal guardian before placing an order. If the Company receives an order from a minor User, the Company shall deem that the minor User has obtained the consent of his/her legal representative before placing the order.
5.Upon completion of the order, the User shall pay the Company the price of Goods or Services (the “Priceˮ) by the method of payment specified in Article 14 (Time and Method of Settlement of Payment).
6.Only users residing in Japan (excluding remote islands within Japan; hereinafter referred to as “Japanese Usersˮ) or the United States of America (excluding its territories and possessions; hereinafter referred to as “U.S. Usersˮ) may purchase Goods or Services through the Site. Orders from outside Japan or the United States, or orders specifying a delivery destination outside these countries or their remote islands, territories and possessions cannot be accepted.
7.If the User places an order for products from outside Japan or the United States using a service that delivers products outside Japan or the United States on behalf of the User ("International Forwarding Service"), or if the Company determines that the User has placed an order using International Forwarding Service, the Company will not accept such order.
8.The Company strictly refuses orders intended for resale or other commercial purposes ("Resale Orders") and orders placed on behalf of a prospective purchaser by obtaining the prospective purchaser's personal information ("Proxy Orders"), whether in Japan or abroad.
Article 11 Termination
1.The Company shall be entitled to terminate the Individual Agreement and any other agreements with User in any of the following cases even after the Individual Agreement has been executed. In such cases, the Company shall not be liable for any damages incurred by the User as a result of such termination;
(1) If the Goods specifications or delivery address information specified by the User is incomplete;
(2) If an order is placed to an area where delivery is not available;
(3) If Goods or Services cannot be delivered due to an unknown delivery address, refusal to receive, etc.;
(4) If the User does not complete payment of the Price within the specified period;
(5) If the credit card company designated by the User notifies the Company or the User that the credit card is in default;
(6) if the User is recognized as belonging to or being related to antisocial forces, or having business dealings with anti-social forces or in violation of community standards, all as determined by the Company in its sole and absolute discretion;
(7) If there is any other fraudulent or inappropriate acts in the use of the Service;
(8) If the name on the transfer account is different from the name of the User and payment cannot be confirmed;
(9) If the factory or material supplier discontinues production or otherwise becomes unable to supply the Goods;
(10) If there is an error in the Goods information or selling price, etc. of the Goods in an order;
(11) If it becomes impossible to produce or deliver the Goods due to other reasons.
(12) If the order is not placed by Japanese Users or U.S. Users, if the order is placed from outside Japan or the United States, or if the order specifies a delivery address outside Japan or the United States.
(13) If the Company determines that the order is from outside Japan or the United States of America using an international forwarding service.
(14) If the Company determines that the order is for resale (Resale Order) or placed on behalf of another customer (Proxy Order).
(15) Other cases in which the Company reasonably determines that it is unable to accept the order.
2.Even if we are liable for damages under Paragraph 1, in the event of our negligence, our liability for damages shall be limited to ordinary damages (excluding special damages, consequential damages, lost profits, indirect damages, or attorney's fees) actually and directly incurred, and shall be capped at 10,000 yen.
3.The Company shall be entitled to charge the User for any costs and expenses incurred up to the time of termination, unless such costs and expenses are attributable to the Company.
Article 12 Product/Goods Information
1.Product/Goods (hereinafter “Goodsˮ) information such as specifications and options for each Goods shall be displayed on each Goods page.
2.The Company shall be entitled to change Goods information, including Goods specifications and options, without prior notice to the User.
3.The images of Goods on this Website are not full-size. The colors and shapes may appear different from the originals depending on the environment and photographic technique.
Article 13 Sales price, etc.
1.The selling price of each Goods shall be displayed on each Goods page.
2.The delivery expense for each Goods will be displayed on the payment page once the shipping address is entered.
3.The Company shall be entitled to change the selling price of the Goods and the delivery expense of the Goods without prior notice to the User.
4.Even if the sales price of the Goods and/or the delivery expense of the Goods are changed after the User's order is placed, the User shall pay the price as of the completion of the order, and the Company shall not refund the difference to the User.
Article 14 Time and Method of Settlement of Payment
1.Payment methods and other details related to the purchase of Goods or service by Japanese users are described in the Notation based on the Specified Commercial Transactions Act, which is provided separately. Please click here to read the description based on the Specified Commercial Transactions Act of Japan.
2.The payment method for the purchase of Goods by U.S. Users shall be made exclusively through Shopify using credit card or PayPal. However, any payments other than the purchase price of Goods, including but not limited to additional charges for certain options and repair charges for Goods, shall be made exclusively using paypal.
3.For deliveries within the United States, the user is responsible for all delivery expenses, customs duties, other transportation-related costs, use taxes, and other taxes ("Delivery Expenses"). These expenses must be paid to us simultaneously with the payment of the Goods price. However, any customs duties must be paid directly by the user to the shipping carrier or customs broker, and any use tax must be paid directly by the user to the applicable state.
4.The Company shall be entitled to add and/or delete the settlement methods set forth in Paragraph 1 and 2 without prior notice.
5.If the User opts to pay by credit card and the credit card company designated by the User reports that the credit card is in default, the Company may request the User to choose an alternative payment method.
6.User shall comply with the terms and conditions of the agreement with the credit card company for credit card payment. Please note that in the event of any dispute between the User and the credit card company, etc., the dispute shall be resolved by both parties concerned, and the Company shall not be liable for any loss or damage incurred.
Article 15 Communication and Notification
1.Any inquiries regarding the Service or other communications or notices from the User or the Member to the Company, and any notices regarding changes to the Terms of Service or other communications or notices from the Company to the User or the Member shall be made in the manner prescribed by the Company.
2.Notwithstanding the provisions of the preceding paragraph, if the User does not respond to communications from the Company within 10 days, the Company shall be deemed to have duly contacted or notified the User, regardless of whether or not the User has responded. This is applicable if the Company contacts or notifies the User at the e-mail address registered by the User in accordance with Article 6, Paragraph 1. In such cases, the Company shall be considered to have fulfilled its obligation to contact or notify the user.
3.The User must not set the Company's email address to be blocked on their receiving terminal. If the Companyʼs email address has been blocked, the User must cancel such a setting.
Article 16 Delivery of Goods
1.For all orders, the Goods shall be shipped by the carrier designated by the Company. The user shall not be entitled to specify the carrier.
2.Goods will only be delivered within Japan or the United States of America. However, delivery may not be possible to remote islands or certain other areas within these countries. If an order is placed to an area where delivery is not feasible, the Company may cancel the purchase agreement in accordance with Article 11 of these Terms and Conditions.
3.If the delivery destination of the Goods is not covered by carrier's standard service, additional delivery expenses may apply. In such cases, the additional charges shall be invoiced after the order is placed. In such cases, the additional charges shall be invoiced after the order is placed.
4.After the Company has made arrangements to ship the Goods, the Company shall not accept any changes to the delivery destination or delivery date and time from the User. The User shall confirm the tracking number of the carrier, which will be notified by the Company at the time of shipment, and make arrangements for the change by the User himself/herself.
5.The User may designate that Goods will be delivered to a location other than the User's place of residence; provided, however, that if the User does not receive the Goods himself/herself, the User shall notify the recipient of the delivery destination in advance that the Goods will be shipped by the Company so that the delivery will be made without delay. In the event that the Goods are returned to the Company due to reasons attributable to the User or recipient, such as refusal to receive the goods or long-term absence, and the Goods are to be redelivered at a later date, the User shall be responsible for paying the Company the delivery expenses for both the return and the reshipment of the Goods.
6.In the event that the delivery company is unable to deliver the Goods on the scheduled delivery date due to the User's absence, the User must make arrangements directly with the delivery company to schedule a new delivery date.
7.Under normal circumstances, bridal rings will be shipped approximately 3 months after the purchase contract is concluded, in accordance with Article 10, Paragraph 3.
8.Even if the Company notifies the User of the scheduled delivery date, the Company shall not ensure the exact date and time of delivery. Delivery may be delayed or delayed without prior notice in the event that delivery is difficult due to the carrier's or delivery route being busy, the carrier being closed, natural disasters (inclement weather), or other force majeure reasons.
9.the User does not respond to the Company's communication within 10 days, the Company may proceed to deliver the Goods based on the shipping address information provided by the User, regardless of whether or not the User has replied to the Company's communication. In such cases, the User shall bear all related delivery expenses.
10.The risk and ownership of all Goods shall transfer from the Company to the User at the time the Goods are delivered to the User, or to a carrier, freight forwarder, or other third party engaged for the purpose of delivery within the Company's jurisdiction.
11.For purchases of Goods by Japanese Users, please note that except for reasons attributable to the Company, the Company shall not be liable for any delays in delivery or any risks associated with transportation, including but not limited to loss or damage of Goods.
12.In no event shall the Company be liable for any delay in delivery or any risks associated with transportation (including, but not limited to, loss or damage of goods) in the case of purchases made by users in U.S. Users.
Article 17 Returns and Exchanges
1.The User shall not be entitled to change the order to other Goods, change the specifications, cancel the order, or return or exchange the Goods for the User's own reason after the Individual Agreement has been executed; provided, however, that this shall not apply to the Goods that are not made-to-order and meet all of the following conditions.
(1) the Company has been contacted within 8 days of receipt of the Goods;
(2) the Goods have never been used;
(3) the Good has not been soiled or scratched; and
(4) other accessories, tags, boxes, etc. are intact and in good order have not been lost.
2.If the Goods delivered to the User are defective, damaged or misdirected (the “Non-Conformityˮ), the User shall notify the Company of the details within 8 days of receipt of the Goods (the “Inspection Periodˮ) via this Website. The Company shall replace the Goods only if the User contacts the Company within the Inspection Period with details and the Non-Conformity of the Goods is deemed to be the Company's responsibility by the Company. In this case, the Company shall bear the delivery expenses for the replacement.
3.If the Goods to be exchanged under the preceding two paragraphs fall under any of the following items, the Company shall not exchange the Goods but shall refund the amount of the Goods.
(1) If the manufacturer or supplier discontinues production or otherwise becomes unable to supply the Goods;
(2) If it is difficult to produce and deliver the Goods to the specifications required by the User; or
(3) If it is impossible to produce and deliver the Goods due to other reasons.
4.The warranties contained in the preceding three paragraphs shall be the only warranties made with respect to Goods sold under the Terms of Service.
5.The User agrees and acknowledges that the actual color and texture of the Goods may differ from the Goods photograph (including, but not limited to, the possibility of defects or uneven coloration on each pearl product), and that due to individual differences in the Goods caused by the material, the image of the actual Goods and the Goods photograph on the Site may differ, and that the images shown on the Site are not actual size. In such cases, the Goods shall not be considered Non-Conformity and shall not be subject to return or exchange.
6.The Company shall be entitled to change the specifications of the Goods without prior notice due to quality improvement or other reasons. The Goods may have different specifications even if they are the same part number as previously purchased Goods. In such cases, this shall not fall under Non-Conformity and shall not be subject to return or exchange.
Article 18 Repair, etc.
1.Repairs for Goods purchased on the Site will be handled in accordance with the Company's after-sales service (hereinafter referred to as "After-Sales Service"). The After-Sales Service may differ for Japanese Users and U.S. Users due to differences in shipping procedures and shipping expenses. Japanese Users should refer to "After-Sales Service for Japan," while U.S. Users should refer to "After-Sales Service for the United States."
2.If a Japanese user relocates to the United States after purchasing the Goods, they will be treated as a U.S. User, and these Terms and Conditions (including the After-Sales Service for the United States) will apply. Delivery Expenses, etc. shall be borne by the user. Similarly, if a U.S. user relocates to Japan after purchasing the Goods, they will be treated as a Japanese User and will be subject to the Terms and Conditions (including the After-Sales Service for Japan).
3.The Company shall be entitled to change the content and price of After sales Service as necessary.
4.If U.S. Users wish to request after-sales service, they must contact the Company by email in advance and arrange for packing and delivery in accordance with the Company's instructions. Please note that the Company is not responsible for any risks associated with shipping (including, but not limited to, loss or damage to the Goods), regardless of whether packing and delivery arrangements were made according to the Company's instructions.
5.When the Company provides after-sales service to U.S. Users, whether for a fee or free of charge, the relevant User must bear all delivery expenses associated with the provision of after-sales service. This includes cases where the shipment is sent by a method different from that instructed by the Company.
6.If U.S. Users wish to receive after-sales service and the Company requests the user to take a photograph of the Goods and the certificate of quality and send it by email, the user must follow the Company's instructions and submit the photograph via email.
7.If the Company receives photographs from a user in accordance with the preceding paragraph, the Company will review the photographs and provide the user with a tentative estimate. Thereafter, the User shall pay the Company the repair fee (if applicable) and the delivery expenses associated with the after-sales service before the service is provided. However, any delivery expenses that the user can pay directly shall be paid by the user.
8.Please note that additional charges may apply if, after the Goods arrive at the Company, damage is found that was not evident in the photographs sent in accordance with Paragraph 6.
9.In the case of a paid replacement for irreparable damage or sizing purposes, the price of the item may differ between the time of purchase and the time of replacement due to a price revision. In such cases, the replacement price shall be calculated based on the price at the time of replacement in accordance with the Company's regulations.
10.The Company may refuse to provide after-sales service in any of the following cases. The Company shall not be liable for any damage or loss incurred by the User arising from or in connection with the refusal to provide after-sales service:
(1) When a User purchases Goods from a store, vendor, e-commerce site, flea market site, or individual other than directly managed stores and handling stores, whether in Japan or abroad.
(2) In the event that the User has placed an order for the purpose of resale (Resale Order) or has placed an order on behalf of another customer (Proxy Order).
(3) If the Goods have been provided with maintenance by another company.
(4) If the User orders the Goods or Service from outside Japan or the United States using an international forwarding service.
(5) If the User moves his/her residence outside of Japan or the United States after purchasing the Goods or Service.
(6) When it is impossible to repair or remanufacture the relevant Goods due to unavoidable reasons, such as changes in specifications or discontinuation of production of the Goods at the factory or material supplier.
(7) In any other cases where we reasonably determine that we are unable to provide after-sales service.
11.In the event that the User does not respond to the Company's communications for 30 days or more after the Company has received the Goods for after-sales service from the User, the Company may cease the performance of the after-sales service and return the Goods to the User at the address provided by the User. In this case, the User shall bear all delivery expenses, and the Company shall not be liable for any risks associated with transportation, including but not limited to loss or damage of the Goods.
Article 19 Copyrights, etc.
1.All copyrights, patent rights, utility model rights, trademark rights, design rights, and other intellectual property rights related to all images, text, logos, and other works and likenesses used on this Website and the Service are the property of the Company or third parties authorized by the Company.
2.The User shall not be entitled to use or disclose any copyrighted materials or other information provided through this Website beyond the scope of the User's personal use as stipulated in the Copyright Act of Japan and other laws.
3.If the User violates any of the provisions of this Article and a problem arises regarding intellectual property rights such as copyrights, the User shall resolve the problem at the User's own expense and responsibility. If the Company suffers any damage, the User shall be liable to compensate the Company for such damage, including reasonable attorney fees.
Article 20 Layout and Content of this Website
1.The Company shall be entitled to add, change or discontinue the content and URL of this Website at any time if necessary.
2.If this Website is opened with an older browser version, the text and layout may be corrupted or the Website may not be viewable, so it is recommended that the latest version of the browser be used at all times. The Website may not be viewed properly due to compatibility issues between browsers and plug-ins, hardware, etc.
Article 21 Default
If the User fails to perform any provision of the Terms of Service, or violates any provision of the Terms of Service, or if the Company reasonably determines that the User is unable to continue to perform under the Individual Agreement, Company shall be entitled to engage the following acts.
(1) suspend or interrupt performance under the Individual Agreement and any other agreements with the User, including After-sales Service;
(2) terminate the Individual Agreement and any other agreements with the User, in whole or in part; and
(3) disposal of the Goods in such manner as the Company deems appropriate, with the proceeds to be applied to satisfy in whole or in part any loss or damage caused by the User's default.
Article 22 No Assignment
No User may assign any of its rights or obligations under this Terms of Service and contracts relating to goods, etc. traded using this Website to any third party.
Article 23 Prohibitions
When using the Service, the User shall not engage in any of the following acts.
(1) any acts that violate or may violate laws, regulations, or Terms of Service;
(2) any acts that damage or may damage the rights, interests, or reputation of other Users, third parties, or the Company;
(3) criminal acts or acts that are or may be offensive to public order and standards;
(4) any acts that interferes or may interfere with the operation or business of this Website, as determined by the company in its sole and absolute discretion;
(5) any acts that uses a third party's personal information or false information to use the Service in an unauthorized manner;
(6) any acts that results in the refusal to accept Goods or Services without justifiable reason, as determined by the company in its sole and absolute discretion;
(7) any failure to reply to communications from the Company without good cause; and
(8) Any other acts that the Company determines in is sole and absolute discretion to be inappropriate.
Article 24 Suspension and Interruption of Service, etc.
1.The Company shall have the right to suspend all or part of the Service, without prior notice, in order to keep the Service in good working condition, in one of the following situations:
(1) if necessary for routine or emergency maintenance of the system;
(2) if the system is overloaded;
(3) if system operation becomes difficult due to fire, power outage, or sabotage by a third party, acts of god; or
(4) If the Company determines in its sole and absolute discretion that the system should be shut down for any other reason.
2.The Company shall not be liable for any loss or damage arising out of the User's inability to use the Service during a period when all or part of the Service is unavailable.
Article 25 Other Disclaimers, etc.
1.The Company shall not be liable for any damage, loss, or disadvantage incurred by the User in connection with the use of the Service, including, but not limited to, system interruption, delay, discontinuation, or loss of data due to communication line or computer failure, or damage resulting from unauthorized access to data.
2.The Company will use standard business practices to ensure that e-mail contents sent from the Company's web pages, servers, domains, etc. do not contain computer viruses or other harmful content; provided, however, that the Company shall not be liable for any damage, loss, or disadvantage incurred by the User in the event that such harmful content is included.
3.Notwithstanding any of the provisions of the Terms of Service, the Company shall not be liable for any damage, loss or disadvantage caused by User's violation of the Terms of Service.
4.In the event that the Company is liable to a User for damages based on these Terms and Conditions or for any other reason (hereinafter referred to as the “Reason for Damagesˮ), except in cases of willful misconduct or gross negligence by the Company, the Companyʼs liability shall be limited to ordinary damages and the Company shall not be liable for the following special damages, consequential damages, lost profits, indirect damages, or attorney fees that are actually and directly incurred due to the Reason for Damages. The maximum amount of damages shall be limited to 10,000 yen.
5.The Company shall be entitled to change, delete or add to the structure of this Website, its contents, pages, services, and goods handled by the Company at any time at the Company's sole and absolute discretion.
6.The User shall bear any and all costs related to the preparation and installation of computer equipment and telecommunications equipment, Internet connection fees, line usage fees, and other telecommunications charges necessary to use the Service, and shall use the Service at his/her own responsibility.
7.If User's data is lost or becomes illegible due to malfunction or trouble of the Company's computer equipment or telecommunication equipment used to provide the Service, or due to communication line failure, the Company shall be entitled to, without prior notice to the User, immediately and unconditionally cancel or terminate the Individual Agreement and any other agreements with the User, and suspend the provision of the Service.
8.If the Company is obligated to notify the User of any matter, the Company shall be deemed to have fulfilled its obligation by notifying the User based on the User's pre-registered information. The User shall indemnify and hold the Company harmless from any and all damages, losses, claims or disadvantages resulting from the performance of notices and other necessary procedures based on the User's registration information.
9.If the User causes any damage to a third party by using the Service, the User shall settle the matter at the User's own responsibility and expense, and the Company shall not be liable for any damage unless the damage is attributable to the Company. The User shall indemnify and hold the Company harmless from any and all claims, from third parties, including reasonable attorney fees, caused by User.
10.The Company may provide voluntary information and advice to the User, but the Company shall not be liable for any damages resulting therefrom.
11.Notwithstanding any of the provisions of the Terms of Service, the Company shall not be liable for any damages caused by User's violation of the Terms of Service.
12.The failure of a party to perform its obligations due to war, strikes, uprisings, fires, floods, explosions, earthquakes, government regulations, or other causes beyond the control of a party (the “Force Majeureˮ), except for monetary liabilities, shall not constitute a breach of this Terms of Service, provided that all efforts have been made to overcome such Force Majeure and resume performance.
13.If a force majeure event continues for more than one (1) month, the Company may terminate this Agreement and any related agreements by providing notice to the User in accordance with Article 11.
Article 26 Governing Law, Jurisdiction
1.This Terms of Service, the rights and obligations of the Parties and all disputes arising out of or in connection with this Terms of Service and contracts relating to goods, etc. traded using this Website shall be governed by and interpreted in accordance with the laws of Japan, without regard to the principles of conflict of laws.
2.Neither the United Nations Convention on Contracts for International Sales of Goods nor the United Nations Convention on the Limitation Period in the International Sale of Goods, as amended, shall apply to this Terms of Service.
3.Any matter not provided for in this Terms of Service or if any differences with regard to interpreting this Terms of Service arise, the Company and the Service Provider shall consult with each other in good faith in the attempt to resolve such matter amicably.
4.Any and all disputes arising out of or in connection with this Terms of Service and contracts relating to the Goods or Services traded using this Website shall submit to the exclusive agreed jurisdiction of the Tokyo District Court at the first instance.
Article 27 Severability
1.In the event that any provision of this Terms of Service is judged to be illegal, invalid or unenforceable under present or future laws in effect while this Terms of Service remains in effect, the legality, validity and enforceability of the remaining provisions shall not be thereby affected.
2.Provisions that are judged to be illegal, invalid or unenforceable shall be interpreted as being legal, valid and enforceable to the extent legally permissible.
Article 28 No Waiver of Rights
1.No failure on the part of a party to exercise any rights, powers or privileges under this Terms of Service or under any instrument executed pursuant thereto, shall operate as a waiver.
2.No single or partial exercise of any right shall preclude further exercise of that right or the exercise of any other right.
3.No waiver of any of the provisions hereof shall be effective unless in writing and signed by the Company.
The terms of service (the "Terms of Service") apply to all matters between the Company and the User (as defined in Article 3) of this Website operated by PERCH Ltd (the "Company"). By using this Website, the User agrees to all Terms of Service. Please note that the Company reserves the right to change the Terms of Service at any time without notice, so please check the latest version of the Terms of Service before using the site.
Article 1 Terms of Service Changes and Scope of Application
1.The Terms of Service apply to any and all use of this Website.
2.The Company may revise the Terms of Service as necessary. Please note that any revision of the Terms of Service shall be effective from the time of posting on this Website, and the User's use of this Website after the revision of the Terms of Service shall be deemed as the User's agreement that the revised Terms of Service shall apply to the use of this Website.
3.The Company may establish separate terms and conditions for the use of this Website, which may be different from the Terms of Service. These separate terms and conditions shall constitute a part of the Terms of Service regardless of their titles.
4.The Company may add or change the content and URL of this Website, or discontinue posting it, as necessary.
Article 2 Services
1.The services provided by the Company shall be the following services (the "Service(s)").
(1) services for the sale of goods
(2) information services
(3) miscellaneous services provided by the Company
(4) miscellaneous services incidental to the above
2.Company may revise the Service at its discretion.
Article 3 User Definition
The term "User" refers to an individual, corporation, or other organization that utilizes the Services. By using the Service, the User agrees to the Terms of Service.
Article 4 Member Definition
1.The "Member(s)" means a User who has agreed to the Terms of Service, has completed the prescribed procedures necessary to apply for membership on this Website, and has been approved by the Company.
2.The "Member Information" means information disclosed by the Member to the Company regarding the Member and the Member's transaction history.
3.The Terms of Service apply to any and all the Members.
Article 5 Member Registration
1. (Member Qualification)
If the User agrees to the Terms of Service and completes the necessary steps to apply for membership on this Website, and if the Company approves the application, the User shall become a Member. The registration process for the Member shall be completed by the User himself/herself, and no proxy shall be allowed to register. Please note that the Company reserves the right to reject applications for membership from persons whose membership has been previously revoked or who are otherwise deemed by the Company to be unsuitable for membership.
2. (Membership Fee)
There is no admission fee, annual membership fee, or other fees to become a Member.
3. (Member Information Registration)
When completing the Member registration process, please read the instructions carefully and fill out the required entry form correctly. If any special symbols, old Kanji characters (for Japanese members), or other characters that cannot be used are registered in the Member Information, the Company will change them as appropriate. The Member must not register any false information, third-party information, nonexistent information, or any other fraudulent information when enrolling. The Company reserves the right to terminate the Member's registration without prior notice to the Member in the event that such irregularities are discovered, even after the Member has been approved for membership.
4. (Change Member Information)
The Member shall promptly notify the Company of any change in the Member's registration information by following the prescribed procedure for changing registration information on this Website. The Member acknowledges that there may be a time lag in the updating of registration information, and the Member should always verify that the information is current before using the Service. The Company shall not be liable for any damages resulting from the Member's failure to make changes to his/her registration information, or for the Member's failure to acknowledge the time lag in updating his/her registration information. Transactions that have already been processed prior to the change of registration information shall be processed based on the information before the change.
Article 6 Member Information Management
1.The Member must register an e-mail address and a password. The Member may change the password at any time.
2.The Member shall manage the registered e-mail address and password at his/her own risk and shall not lend, transfer, sell, or otherwise deal with them to any third party.
3.The Member shall be solely responsible for any damage caused by reasons attributable to the Member, including, but not limited to, inadequate management of the Member's email address and password, errors in use, or use by a third party.
4.Any manifestations of intention made to the Company using the registered e-mail address and password shall be deemed to be the Member's manifestation of intention, except for reasons attributable to the Company, and any payments resulting therefrom shall be the Member's sole responsibility.
5.If the Member discovers that his/her registered e-mail address and password have been misused by a third party, the Member shall immediately notify the Company and comply with the Company's instructions (if any).
Article 7 Cancellation of Membership
If the Member wishes to cancel the membership, the Member shall complete the necessary cancellation procedures on this Website, and upon receipt of the Member's cancellation request by the Company, the Member shall be deemed to have cancelled his/her membership, Upon cancellation of membership, the Member will no longer be able to use the Member-only services that were previously available to the Member.
Article 8 Handling of Personal Information
1.Company shall handle User's personal information in accordance with the "Privacy Policy" separately stipulated. Please click here to read the contents of the Privacy Policy.
2.The Company may provide information (including advertisements) to Users who request it by means of e-mail newsletters and other methods. Whether or not to provide information shall be indicated by the User in the manner prescribed by the Company on this Website; provided, however, that the Company may provide information necessary for the operation of this Website without regard to the Member's manifestations of intent.
Article 9 Suspension of the Service, Cancellation of the Member's Registration, Damages
The Company may suspend the Service or cancel the Member registration without prior notice to the User if the User or a third party entrusted by the User commits any of the following acts, and the User shall be liable for any and all damages suffered by the Company as a result of this.
(1) unauthorized use of registered e-mail addresses and passwords;
(2) interfering with the Company's business when accessing this Website, altering information, sending harmful computer programs to this Website, etc., whether or not with malicious intent;
(3) infringement of the intellectual property rights of the Company's goods (the “Goodsˮ) and the contents of this Website;
(4) making a false declaration when applying for the Member status;
(5) any delay in payment or other default with respect to the Service;
(6) repeated returns and cancellations, in an extent as determined by the Company in is sole and absolute discretion;
(7) any acts that fall under Article 23 (Prohibitions), below;
(8) unreasonable demands beyond legal responsibility;
(9) threatening words or deeds or using violence in connection with a transaction;
(10) any act to damage the other party's credibility or obstruct the other party's business by spreading false rumors, using fraudulent means or using force;
(11) if a person is recognized as belonging to or being related to antisocial forces, or having business dealings with anti-social forces or in violation of community standards, as determined by the Company in its sole and absolute discretion;
(12) other acts that violate the Terms of Service;
(13) if the Company otherwise determines, based on reasonable grounds, that a person is unsuitable as a Member or a User of this Website.
Article 10 Individual Agreement
1.The User may use this Website to purchase Goods or services (the "Goods or Services") from the Company.
2.If the User wishes to purchase Goods or Services, the User shall place an order for Goods or Services in accordance with the method specified by the Company.
3.The individual agreement for Goods or Services (the "Individual Agreement") shall become effective when the Company sends the User an e-mail or indicates on this Website that the Company accepts the order as specified in the preceding paragraph; provided, however, that the Company shall have no obligation to accept any order from User, and the Company shall not be liable for any costs or losses incurred by User as a result of the Company's rejection of User's order.
4.If the User is a minor, the User shall obtain the consent of his/her parent or legal guardian before placing an order. If the Company receives an order from a minor User, the Company shall deem that the minor User has obtained the consent of his/her legal representative before placing the order.
5.Upon completion of the order, the User shall pay the Company the price of Goods or Services (the “Priceˮ) by the method of payment specified in Article 14 (Time and Method of Settlement of Payment).
6.Only users residing in Japan (excluding remote islands within Japan; hereinafter referred to as “Japanese Usersˮ) or the United States of America (excluding its territories and possessions; hereinafter referred to as “U.S. Usersˮ) may purchase Goods or Services through the Site. Orders from outside Japan or the United States, or orders specifying a delivery destination outside these countries or their remote islands, territories and possessions cannot be accepted.
7.If the User places an order for products from outside Japan or the United States using a service that delivers products outside Japan or the United States on behalf of the User ("International Forwarding Service"), or if the Company determines that the User has placed an order using International Forwarding Service, the Company will not accept such order.
8.The Company strictly refuses orders intended for resale or other commercial purposes ("Resale Orders") and orders placed on behalf of a prospective purchaser by obtaining the prospective purchaser's personal information ("Proxy Orders"), whether in Japan or abroad.
Article 11 Termination
1.The Company shall be entitled to terminate the Individual Agreement and any other agreements with User in any of the following cases even after the Individual Agreement has been executed. In such cases, the Company shall not be liable for any damages incurred by the User as a result of such termination;
(1) If the Goods specifications or delivery address information specified by the User is incomplete;
(2) If an order is placed to an area where delivery is not available;
(3) If Goods or Services cannot be delivered due to an unknown delivery address, refusal to receive, etc.;
(4) If the User does not complete payment of the Price within the specified period;
(5) If the credit card company designated by the User notifies the Company or the User that the credit card is in default;
(6) if the User is recognized as belonging to or being related to antisocial forces, or having business dealings with anti-social forces or in violation of community standards, all as determined by the Company in its sole and absolute discretion;
(7) If there is any other fraudulent or inappropriate acts in the use of the Service;
(8) If the name on the transfer account is different from the name of the User and payment cannot be confirmed;
(9) If the factory or material supplier discontinues production or otherwise becomes unable to supply the Goods;
(10) If there is an error in the Goods information or selling price, etc. of the Goods in an order;
(11) If it becomes impossible to produce or deliver the Goods due to other reasons.
(12) If the order is not placed by Japanese Users or U.S. Users, if the order is placed from outside Japan or the United States, or if the order specifies a delivery address outside Japan or the United States.
(13) If the Company determines that the order is from outside Japan or the United States of America using an international forwarding service.
(14) If the Company determines that the order is for resale (Resale Order) or placed on behalf of another customer (Proxy Order).
(15) Other cases in which the Company reasonably determines that it is unable to accept the order.
2.Even if we are liable for damages under Paragraph 1, in the event of our negligence, our liability for damages shall be limited to ordinary damages (excluding special damages, consequential damages, lost profits, indirect damages, or attorney's fees) actually and directly incurred, and shall be capped at 10,000 yen.
3.The Company shall be entitled to charge the User for any costs and expenses incurred up to the time of termination, unless such costs and expenses are attributable to the Company.
Article 12 Product/Goods Information
1.Product/Goods (hereinafter “Goodsˮ) information such as specifications and options for each Goods shall be displayed on each Goods page.
2.The Company shall be entitled to change Goods information, including Goods specifications and options, without prior notice to the User.
3.The images of Goods on this Website are not full-size. The colors and shapes may appear different from the originals depending on the environment and photographic technique.
Article 13 Sales price, etc.
1.The selling price of each Goods shall be displayed on each Goods page.
2.The delivery expense for each Goods will be displayed on the payment page once the shipping address is entered.
3.The Company shall be entitled to change the selling price of the Goods and the delivery expense of the Goods without prior notice to the User.
4.Even if the sales price of the Goods and/or the delivery expense of the Goods are changed after the User's order is placed, the User shall pay the price as of the completion of the order, and the Company shall not refund the difference to the User.
Article 14 Time and Method of Settlement of Payment
1.Payment methods and other details related to the purchase of Goods or service by Japanese users are described in the Notation based on the Specified Commercial Transactions Act, which is provided separately. Please click here to read the description based on the Specified Commercial Transactions Act of Japan.
2.The payment method for the purchase of Goods by U.S. Users shall be made exclusively through Shopify using credit card or PayPal. However, any payments other than the purchase price of Goods, including but not limited to additional charges for certain options and repair charges for Goods, shall be made exclusively using paypal.
3.For deliveries within the United States, the user is responsible for all delivery expenses, customs duties, other transportation-related costs, use taxes, and other taxes ("Delivery Expenses"). These expenses must be paid to us simultaneously with the payment of the Goods price. However, any customs duties must be paid directly by the user to the shipping carrier or customs broker, and any use tax must be paid directly by the user to the applicable state.
4.The Company shall be entitled to add and/or delete the settlement methods set forth in Paragraph 1 and 2 without prior notice.
5.If the User opts to pay by credit card and the credit card company designated by the User reports that the credit card is in default, the Company may request the User to choose an alternative payment method.
6.User shall comply with the terms and conditions of the agreement with the credit card company for credit card payment. Please note that in the event of any dispute between the User and the credit card company, etc., the dispute shall be resolved by both parties concerned, and the Company shall not be liable for any loss or damage incurred.
Article 15 Communication and Notification
1.Any inquiries regarding the Service or other communications or notices from the User or the Member to the Company, and any notices regarding changes to the Terms of Service or other communications or notices from the Company to the User or the Member shall be made in the manner prescribed by the Company.
2.Notwithstanding the provisions of the preceding paragraph, if the User does not respond to communications from the Company within 10 days, the Company shall be deemed to have duly contacted or notified the User, regardless of whether or not the User has responded. This is applicable if the Company contacts or notifies the User at the e-mail address registered by the User in accordance with Article 6, Paragraph 1. In such cases, the Company shall be considered to have fulfilled its obligation to contact or notify the user.
3.The User must not set the Company's email address to be blocked on their receiving terminal. If the Companyʼs email address has been blocked, the User must cancel such a setting.
Article 16 Delivery of Goods
1.For all orders, the Goods shall be shipped by the carrier designated by the Company. The user shall not be entitled to specify the carrier.
2.Goods will only be delivered within Japan or the United States of America. However, delivery may not be possible to remote islands or certain other areas within these countries. If an order is placed to an area where delivery is not feasible, the Company may cancel the purchase agreement in accordance with Article 11 of these Terms and Conditions.
3.If the delivery destination of the Goods is not covered by carrier's standard service, additional delivery expenses may apply. In such cases, the additional charges shall be invoiced after the order is placed. In such cases, the additional charges shall be invoiced after the order is placed.
4.After the Company has made arrangements to ship the Goods, the Company shall not accept any changes to the delivery destination or delivery date and time from the User. The User shall confirm the tracking number of the carrier, which will be notified by the Company at the time of shipment, and make arrangements for the change by the User himself/herself.
5.The User may designate that Goods will be delivered to a location other than the User's place of residence; provided, however, that if the User does not receive the Goods himself/herself, the User shall notify the recipient of the delivery destination in advance that the Goods will be shipped by the Company so that the delivery will be made without delay. In the event that the Goods are returned to the Company due to reasons attributable to the User or recipient, such as refusal to receive the goods or long-term absence, and the Goods are to be redelivered at a later date, the User shall be responsible for paying the Company the delivery expenses for both the return and the reshipment of the Goods.
6.In the event that the delivery company is unable to deliver the Goods on the scheduled delivery date due to the User's absence, the User must make arrangements directly with the delivery company to schedule a new delivery date.
7.Under normal circumstances, bridal rings will be shipped approximately 3 months after the purchase contract is concluded, in accordance with Article 10, Paragraph 3.
8.Even if the Company notifies the User of the scheduled delivery date, the Company shall not ensure the exact date and time of delivery. Delivery may be delayed or delayed without prior notice in the event that delivery is difficult due to the carrier's or delivery route being busy, the carrier being closed, natural disasters (inclement weather), or other force majeure reasons.
9.the User does not respond to the Company's communication within 10 days, the Company may proceed to deliver the Goods based on the shipping address information provided by the User, regardless of whether or not the User has replied to the Company's communication. In such cases, the User shall bear all related delivery expenses.
10.The risk and ownership of all Goods shall transfer from the Company to the User at the time the Goods are delivered to the User, or to a carrier, freight forwarder, or other third party engaged for the purpose of delivery within the Company's jurisdiction.
11.For purchases of Goods by Japanese Users, please note that except for reasons attributable to the Company, the Company shall not be liable for any delays in delivery or any risks associated with transportation, including but not limited to loss or damage of Goods.
12.In no event shall the Company be liable for any delay in delivery or any risks associated with transportation (including, but not limited to, loss or damage of goods) in the case of purchases made by users in U.S. Users.
Article 17 Returns and Exchanges
1.The User shall not be entitled to change the order to other Goods, change the specifications, cancel the order, or return or exchange the Goods for the User's own reason after the Individual Agreement has been executed; provided, however, that this shall not apply to the Goods that are not made-to-order and meet all of the following conditions.
(1) the Company has been contacted within 8 days of receipt of the Goods;
(2) the Goods have never been used;
(3) the Good has not been soiled or scratched; and
(4) other accessories, tags, boxes, etc. are intact and in good order have not been lost.
2.If the Goods delivered to the User are defective, damaged or misdirected (the “Non-Conformityˮ), the User shall notify the Company of the details within 8 days of receipt of the Goods (the “Inspection Periodˮ) via this Website. The Company shall replace the Goods only if the User contacts the Company within the Inspection Period with details and the Non-Conformity of the Goods is deemed to be the Company's responsibility by the Company. In this case, the Company shall bear the delivery expenses for the replacement.
3.If the Goods to be exchanged under the preceding two paragraphs fall under any of the following items, the Company shall not exchange the Goods but shall refund the amount of the Goods.
(1) If the manufacturer or supplier discontinues production or otherwise becomes unable to supply the Goods;
(2) If it is difficult to produce and deliver the Goods to the specifications required by the User; or
(3) If it is impossible to produce and deliver the Goods due to other reasons.
4.The warranties contained in the preceding three paragraphs shall be the only warranties made with respect to Goods sold under the Terms of Service.
5.The User agrees and acknowledges that the actual color and texture of the Goods may differ from the Goods photograph (including, but not limited to, the possibility of defects or uneven coloration on each pearl product), and that due to individual differences in the Goods caused by the material, the image of the actual Goods and the Goods photograph on the Site may differ, and that the images shown on the Site are not actual size. In such cases, the Goods shall not be considered Non-Conformity and shall not be subject to return or exchange.
6.The Company shall be entitled to change the specifications of the Goods without prior notice due to quality improvement or other reasons. The Goods may have different specifications even if they are the same part number as previously purchased Goods. In such cases, this shall not fall under Non-Conformity and shall not be subject to return or exchange.
Article 18 Repair, etc.
1.Repairs for Goods purchased on the Site will be handled in accordance with the Company's after-sales service (hereinafter referred to as "After-Sales Service"). The After-Sales Service may differ for Japanese Users and U.S. Users due to differences in shipping procedures and shipping expenses. Japanese Users should refer to "After-Sales Service for Japan," while U.S. Users should refer to "After-Sales Service for the United States."
2.If a Japanese user relocates to the United States after purchasing the Goods, they will be treated as a U.S. User, and these Terms and Conditions (including the After-Sales Service for the United States) will apply. Delivery Expenses, etc. shall be borne by the user. Similarly, if a U.S. user relocates to Japan after purchasing the Goods, they will be treated as a Japanese User and will be subject to the Terms and Conditions (including the After-Sales Service for Japan).
3.The Company shall be entitled to change the content and price of After sales Service as necessary.
4.If U.S. Users wish to request after-sales service, they must contact the Company by email in advance and arrange for packing and delivery in accordance with the Company's instructions. Please note that the Company is not responsible for any risks associated with shipping (including, but not limited to, loss or damage to the Goods), regardless of whether packing and delivery arrangements were made according to the Company's instructions.
5.When the Company provides after-sales service to U.S. Users, whether for a fee or free of charge, the relevant User must bear all delivery expenses associated with the provision of after-sales service. This includes cases where the shipment is sent by a method different from that instructed by the Company.
6.If U.S. Users wish to receive after-sales service and the Company requests the user to take a photograph of the Goods and the certificate of quality and send it by email, the user must follow the Company's instructions and submit the photograph via email.
7.If the Company receives photographs from a user in accordance with the preceding paragraph, the Company will review the photographs and provide the user with a tentative estimate. Thereafter, the User shall pay the Company the repair fee (if applicable) and the delivery expenses associated with the after-sales service before the service is provided. However, any delivery expenses that the user can pay directly shall be paid by the user.
8.Please note that additional charges may apply if, after the Goods arrive at the Company, damage is found that was not evident in the photographs sent in accordance with Paragraph 6.
9.In the case of a paid replacement for irreparable damage or sizing purposes, the price of the item may differ between the time of purchase and the time of replacement due to a price revision. In such cases, the replacement price shall be calculated based on the price at the time of replacement in accordance with the Company's regulations.
10.The Company may refuse to provide after-sales service in any of the following cases. The Company shall not be liable for any damage or loss incurred by the User arising from or in connection with the refusal to provide after-sales service:
(1) When a User purchases Goods from a store, vendor, e-commerce site, flea market site, or individual other than directly managed stores and handling stores, whether in Japan or abroad.
(2) In the event that the User has placed an order for the purpose of resale (Resale Order) or has placed an order on behalf of another customer (Proxy Order).
(3) If the Goods have been provided with maintenance by another company.
(4) If the User orders the Goods or Service from outside Japan or the United States using an international forwarding service.
(5) If the User moves his/her residence outside of Japan or the United States after purchasing the Goods or Service.
(6) When it is impossible to repair or remanufacture the relevant Goods due to unavoidable reasons, such as changes in specifications or discontinuation of production of the Goods at the factory or material supplier.
(7) In any other cases where we reasonably determine that we are unable to provide after-sales service.
11.In the event that the User does not respond to the Company's communications for 30 days or more after the Company has received the Goods for after-sales service from the User, the Company may cease the performance of the after-sales service and return the Goods to the User at the address provided by the User. In this case, the User shall bear all delivery expenses, and the Company shall not be liable for any risks associated with transportation, including but not limited to loss or damage of the Goods.
Article 19 Copyrights, etc.
1.All copyrights, patent rights, utility model rights, trademark rights, design rights, and other intellectual property rights related to all images, text, logos, and other works and likenesses used on this Website and the Service are the property of the Company or third parties authorized by the Company.
2.The User shall not be entitled to use or disclose any copyrighted materials or other information provided through this Website beyond the scope of the User's personal use as stipulated in the Copyright Act of Japan and other laws.
3.If the User violates any of the provisions of this Article and a problem arises regarding intellectual property rights such as copyrights, the User shall resolve the problem at the User's own expense and responsibility. If the Company suffers any damage, the User shall be liable to compensate the Company for such damage, including reasonable attorney fees.
Article 20 Layout and Content of this Website
1.The Company shall be entitled to add, change or discontinue the content and URL of this Website at any time if necessary.
2.If this Website is opened with an older browser version, the text and layout may be corrupted or the Website may not be viewable, so it is recommended that the latest version of the browser be used at all times. The Website may not be viewed properly due to compatibility issues between browsers and plug-ins, hardware, etc.
Article 21 Default
If the User fails to perform any provision of the Terms of Service, or violates any provision of the Terms of Service, or if the Company reasonably determines that the User is unable to continue to perform under the Individual Agreement, Company shall be entitled to engage the following acts.
(1) suspend or interrupt performance under the Individual Agreement and any other agreements with the User, including After-sales Service;
(2) terminate the Individual Agreement and any other agreements with the User, in whole or in part; and
(3) disposal of the Goods in such manner as the Company deems appropriate, with the proceeds to be applied to satisfy in whole or in part any loss or damage caused by the User's default.
Article 22 No Assignment
No User may assign any of its rights or obligations under this Terms of Service and contracts relating to goods, etc. traded using this Website to any third party.
Article 23 Prohibitions
When using the Service, the User shall not engage in any of the following acts.
(1) any acts that violate or may violate laws, regulations, or Terms of Service;
(2) any acts that damage or may damage the rights, interests, or reputation of other Users, third parties, or the Company;
(3) criminal acts or acts that are or may be offensive to public order and standards;
(4) any acts that interferes or may interfere with the operation or business of this Website, as determined by the company in its sole and absolute discretion;
(5) any acts that uses a third party's personal information or false information to use the Service in an unauthorized manner;
(6) any acts that results in the refusal to accept Goods or Services without justifiable reason, as determined by the company in its sole and absolute discretion;
(7) any failure to reply to communications from the Company without good cause; and
(8) Any other acts that the Company determines in is sole and absolute discretion to be inappropriate.
Article 24 Suspension and Interruption of Service, etc.
1.The Company shall have the right to suspend all or part of the Service, without prior notice, in order to keep the Service in good working condition, in one of the following situations:
(1) if necessary for routine or emergency maintenance of the system;
(2) if the system is overloaded;
(3) if system operation becomes difficult due to fire, power outage, or sabotage by a third party, acts of god; or
(4) If the Company determines in its sole and absolute discretion that the system should be shut down for any other reason.
2.The Company shall not be liable for any loss or damage arising out of the User's inability to use the Service during a period when all or part of the Service is unavailable.
Article 25 Other Disclaimers, etc.
1.The Company shall not be liable for any damage, loss, or disadvantage incurred by the User in connection with the use of the Service, including, but not limited to, system interruption, delay, discontinuation, or loss of data due to communication line or computer failure, or damage resulting from unauthorized access to data.
2.The Company will use standard business practices to ensure that e-mail contents sent from the Company's web pages, servers, domains, etc. do not contain computer viruses or other harmful content; provided, however, that the Company shall not be liable for any damage, loss, or disadvantage incurred by the User in the event that such harmful content is included.
3.Notwithstanding any of the provisions of the Terms of Service, the Company shall not be liable for any damage, loss or disadvantage caused by User's violation of the Terms of Service.
4.In the event that the Company is liable to a User for damages based on these Terms and Conditions or for any other reason (hereinafter referred to as the “Reason for Damagesˮ), except in cases of willful misconduct or gross negligence by the Company, the Companyʼs liability shall be limited to ordinary damages and the Company shall not be liable for the following special damages, consequential damages, lost profits, indirect damages, or attorney fees that are actually and directly incurred due to the Reason for Damages. The maximum amount of damages shall be limited to 10,000 yen.
5.The Company shall be entitled to change, delete or add to the structure of this Website, its contents, pages, services, and goods handled by the Company at any time at the Company's sole and absolute discretion.
6.The User shall bear any and all costs related to the preparation and installation of computer equipment and telecommunications equipment, Internet connection fees, line usage fees, and other telecommunications charges necessary to use the Service, and shall use the Service at his/her own responsibility.
7.If User's data is lost or becomes illegible due to malfunction or trouble of the Company's computer equipment or telecommunication equipment used to provide the Service, or due to communication line failure, the Company shall be entitled to, without prior notice to the User, immediately and unconditionally cancel or terminate the Individual Agreement and any other agreements with the User, and suspend the provision of the Service.
8.If the Company is obligated to notify the User of any matter, the Company shall be deemed to have fulfilled its obligation by notifying the User based on the User's pre-registered information. The User shall indemnify and hold the Company harmless from any and all damages, losses, claims or disadvantages resulting from the performance of notices and other necessary procedures based on the User's registration information.
9.If the User causes any damage to a third party by using the Service, the User shall settle the matter at the User's own responsibility and expense, and the Company shall not be liable for any damage unless the damage is attributable to the Company. The User shall indemnify and hold the Company harmless from any and all claims, from third parties, including reasonable attorney fees, caused by User.
10.The Company may provide voluntary information and advice to the User, but the Company shall not be liable for any damages resulting therefrom.
11.Notwithstanding any of the provisions of the Terms of Service, the Company shall not be liable for any damages caused by User's violation of the Terms of Service.
12.The failure of a party to perform its obligations due to war, strikes, uprisings, fires, floods, explosions, earthquakes, government regulations, or other causes beyond the control of a party (the “Force Majeureˮ), except for monetary liabilities, shall not constitute a breach of this Terms of Service, provided that all efforts have been made to overcome such Force Majeure and resume performance.
13.If a force majeure event continues for more than one (1) month, the Company may terminate this Agreement and any related agreements by providing notice to the User in accordance with Article 11.
Article 26 Governing Law, Jurisdiction
1.This Terms of Service, the rights and obligations of the Parties and all disputes arising out of or in connection with this Terms of Service and contracts relating to goods, etc. traded using this Website shall be governed by and interpreted in accordance with the laws of Japan, without regard to the principles of conflict of laws.
2.Neither the United Nations Convention on Contracts for International Sales of Goods nor the United Nations Convention on the Limitation Period in the International Sale of Goods, as amended, shall apply to this Terms of Service.
3.Any matter not provided for in this Terms of Service or if any differences with regard to interpreting this Terms of Service arise, the Company and the Service Provider shall consult with each other in good faith in the attempt to resolve such matter amicably.
4.Any and all disputes arising out of or in connection with this Terms of Service and contracts relating to the Goods or Services traded using this Website shall submit to the exclusive agreed jurisdiction of the Tokyo District Court at the first instance.
Article 27 Severability
1.In the event that any provision of this Terms of Service is judged to be illegal, invalid or unenforceable under present or future laws in effect while this Terms of Service remains in effect, the legality, validity and enforceability of the remaining provisions shall not be thereby affected.
2.Provisions that are judged to be illegal, invalid or unenforceable shall be interpreted as being legal, valid and enforceable to the extent legally permissible.
Article 28 No Waiver of Rights
1.No failure on the part of a party to exercise any rights, powers or privileges under this Terms of Service or under any instrument executed pursuant thereto, shall operate as a waiver.
2.No single or partial exercise of any right shall preclude further exercise of that right or the exercise of any other right.
3.No waiver of any of the provisions hereof shall be effective unless in writing and signed by the Company.
<First-time users/customers who are not registered>
・You can register as a new member on the purchase procedure page.
・We also accept "guest purchases" without registration.
If you agree with the above, please agree to the terms of use and click the "Proceed to checkout" button.