Terms of Use
The Terms of Use (the “Terms”) set forth by K&A Co., Ltd (the “Company") are stipulated by the Company under the name of omoinotake Official Web Shop (the “Service”). These Terms apply to all visitors, users and others (the “Customer”) who access or use the Service.
All Customer must comply with this agreement when using the Service.
Article 1 Agreement
In using the Service, you agree to be bound by these Terms (including the Privacy Policy and other terms related to these Terms). The same shall apply hereinafter. By starting to use the Service, you are deemed to have agreed to the Terms.
If you are a minor, you must obtain the consent of the legal representative of parental authority, etc. before using this Service, and by starting the use of this Service, you are deemed to have obtained the consent of the legal representative such as a person with parental authority.
Even if any part of this Agreement is determined to be invalid under laws and regulations, the provisions other than the invalidated part shall continue to be valid, and the Customer's agreement to the remaining part shall also remain valid.
The Company reserves the right to modify these Terms at any time as necessary. If you continue to use the Service after any changes are made to the Terms, you will be deemed to have agreed to the changes in the Terms.
Article 2 Use of This Service
In order to use this Service, the Customer must enter or register the necessary information. The Company shall not be liable for any damage or disadvantage caused to the Customer due to an error in the information entered or registered. The Company may suspend the use of all or part of the Service, cancel the purchase agreement, or take any other necessary measures without prior notice to the Customer if any of the following applies.
(1 When the input information is incorrect and cannot be contacted.
(2 If the Customer is a member of an anti-social force such as a crime syndicate or has a close relationship with any of these parties.
(3 In the case of insolvency, lack of funds, commencement of bankruptcy proceedings, commencement of civil rehabilitation proceedings, commencement of corporate reorganization proceedings, commencement of special liquidation proceedings, dissolution, or suspension of business.
(4 If the Customer has been suspended from using this service in the past for violating this Agreement.
(5 If the Customer does not have the ability to perform legal acts effectively.
(6 When there is a request of a suspension of Customer’s use of this Service by a payment service provider, etc.
(7 When a payment service provider, etc. takes measures to suspend the use of settlement or storage services.
When using the Service, the Customer shall prepare the necessary communication environment and terminal equipment at his/ her own responsibility and expense. The Company shall not be responsible for any matters arising from such preparation.
Customer shall use the Service at his/ her own discretion, responsibility, and expense.
When using this Service, no fees for the Service will be incurred in addition to the price of the products, etc., consumption tax, delivery charges, and fees based on payment methods. However, if there are provisions on the detailed pages of individual products, etc., the provisions shall be followed.
The Company may suspend the use of the Service without prior notice to the Customer if the Company determines that the Customer falls under the category of anti-social forces such as organized crime groups, parties with close relationships to such parties, or parties equivalent to such parties. The Company shall not be liable for any damages incurred by the customer as a result of such suspension.
The Company may terminate or change all or part of the Service at any time at its discretion.
In the event of force majeure, such as natural disasters, or other circumstances deemed necessary by the Company, the Company may cancel the provision of all or part of the Service by giving prior notice to the Customer. However, in the event of an emergency, the Company may omit prior notice to the customer.
The Customer agrees that the payment service provider, etc. may suspend or cancel the provision of all or part of the service due to system failure, force majeure such as natural disasters, or other reasons deemed necessary.
The Company shall not be liable for any damage or disadvantage incurred by the customer as a result of the preceding three paragraphs.
Article 3 Purchase and Payment of products, etc.
After an application for the purchase of products, etc. by Customer has been received by the Company's server through the Internet connection, the contents of application shall be recorded in the Company's system and a sales agreement shall be concluded once a notice of acceptance has been sent in a manner specified by the Company. The Company shall not be liable for any damage or disadvantage incurred by the Customer due to the failure of record of the contents of the Customer's application in the Company's system.
The purchase of products, etc. by the Customer may not be cancelled or rescinded once a sales agreement has been concluded.
After the conclusion of the sales agreement, the customer shall pay for the products, etc. by the due date in accordance with the method specified by the Company. the Company may cancel the purchase order, in the event that payment is not made by the deadline.
The ownership of the products, etc. purchased by the Customer shall be transferred to the Customer once the products, etc. are delivered to the Customer. Except as otherwise specified in these Terms, the Company shall not be liable for any event that occurs after the ownership is transferred.
Article 4 Delivery, Return and Refund
The Company will use a delivery company affiliated with the Company to deliver products, etc. to the address in Japan entered by the Customer in the prescribed method. Matters related to delivery shall be subject to the conditions separately stipulated by the delivery company.
As a general rule, the customer shall bear the shipping costs, but in cases where such costs are specified on individual product pages, the customer shall comply with such costs.
Customers may return products only if the products are defective or when the content of the products delivered are different from the purchase. Please note that returns cannot be made in the following cases. In addition, if there are other conditions specified on the product details page, those conditions shall be followed.
(1 7 days have passed after the product, etc. has been delivered.
(2 The tag package of the product is lost, damaged, soiled, etc.
(3 The Company determines that the purchase is for return purposes.
Article 5 Prohibited Acts
The Company prohibits the following acts (the "Prohibited Acts") from being performed by the Customer when using the Service. The following acts are prohibited.
(1 Acts that violate the laws and regulations of this agreement.
(2 False registration, lending an account to a third party, or using a third party's account.
(3 Purchase of products, etc. for the purpose of making a profit from resale.
(4 Acts that are detrimental to public order or morals.
(5 Acts that infringe the rights of a third party, slander, defame or discredit the Company or a third party, or otherwise interfere with the Company's business.
(6 Use of this service for advertising or promotional activities.
(7 Purchase of products, etc., despite an application without the intent to transact and without the documents of payment for the products, etc.
(8 Acts of spreading rumors, using deception or force, making unreasonable demands beyond legal responsibility, using violence or threatening words and actions.
(9 Acts that interfere with the Company's server or network system.
In the event that the Company deems that the Customer has committed any of the prohibited acts set forth in each item of the preceding paragraph, the Company may suspend the Customer's use of the Service without giving any prior notice to the Customer (including cancellation of the purchase, cancellation of the purchase application, and other measures deemed necessary by the Company). In this case, the Company may suspend the use of the Service and shall not be liable for any damage or disadvantage caused to the Customer.
Article 6 Handling of Information
The Company will handle Customers' personal information related to the use of the Service in an appropriate manner in accordance with the Privacy Policy established by the Company.
The Company may disclose the customer's registration information, transaction history, and other information necessary for the investigation of fraudulent use of the Service and criminal investigation to payment providers, storage agents, victims of fraudulent use, and investigative agencies, as necessary.
Article 7 Disclaimer
The Company does not warrant, expressly or impliedly, that the Service will be free of defects, errors or malfunction, or infringement of rights relating to factual or legal defects, safety, reliability, accuracy, completeness, effectiveness, fitness for a particular purpose, security, etc., or that the Products, etc. will be of good quality, function, or be compatible with other products.
Even in cases where the Company's exemption from liability is limited by the application of the Consumer Contract Act, the maximum amount of damages to the customer caused by reasons attributable to the Company shall be the price of the product, or 10,000 yen, whichever is lower.
Article 8 Means of Contact
In the event that the Company deems it is necessary to notify or contact the customer, the Company shall do so in a manner that the Company considers appropriate. The Customer agrees that the Company may use the registered information for the purpose of such notification or communication.
Article 9 Governing Law and Jurisdiction
These Terms of Use shall be governed by the laws of Japan.
Any dispute arising between the Company and the Customer shall be subject to the exclusive jurisdiction of the Tokyo Summary Court or the Tokyo District Court as the court of first instance, depending on the amount of the lawsuit.