Terms of service
These Terms of Service (hereinafter, the "Terms") set forth the conditions of use for the online shop (hereinafter, the "Service") provided on this website by OMOTO Co., Ltd. (hereinafter, the "Company"). All registered users (hereinafter, "Users") shall use the Service in accordance with these Terms.
Article 1 (Scope of Application)
- These Terms shall apply to all relationships between Users and the Company concerning the use of the Service.
- In addition to these Terms, the Company may establish rules and guidelines (hereinafter, "Individual Provisions") regarding the use of the Service. Such Individual Provisions shall, regardless of their title, constitute part of these Terms.
- In the event of any inconsistency between the provisions of these Terms and those of Individual Provisions, the provisions of the Individual Provisions shall prevail, unless otherwise specifically provided.
Article 2 (User Registration)
- Registration for the Service shall be completed when an applicant, having agreed to these Terms, applies for registration in the manner specified by the Company, and the Company notifies the applicant of its approval.
- The Company may refuse registration if it determines that an applicant falls under any of the following, and the Company shall bear no obligation to disclose the reasons:
- Submission of false information upon registration
- A prior violation of these Terms
- Any other case where the Company deems registration inappropriate
Article 3 (User ID and Password Management)
- Users shall be responsible for managing their user ID and password for the Service.
- Users shall not transfer, lend, or share their user ID or password with any third party under any circumstances. The Company will deem any login using a registered user ID and password combination as use by the registered User.
- The Company shall not be liable for any damages resulting from the use of a user ID or password by a third party, except in cases of willful misconduct or gross negligence on the part of the Company.
Article 4 (Sales Contracts)
- A purchase agreement shall be established when a User submits an order to the Company and the Company notifies the User of its acceptance. Ownership of the product shall transfer to the User upon the Company’s handover of the product to the shipping carrier.
- The Company may cancel the purchase agreement without prior notice to the User if:
- The User violates these Terms
- Delivery cannot be completed due to an unknown address or prolonged absence
- The Company determines that trust between the User and the Company has been damaged
- Payment methods, shipping methods, cancellations of orders, and returns shall be governed by the Company’s separately established policies.
Article 5 (Intellectual Property Rights)
All copyrights and other intellectual property rights related to product images and other content provided through the Service (hereinafter, the "Content") belong to the Company or the rightful content providers. Users may not reproduce, distribute, modify, or otherwise use the Content without authorization.
Article 6 (Prohibited Conduct)
Users shall not engage in the following acts when using the Service:
- Acts in violation of laws or public order and morals
- Acts related to criminal activity
- Infringement of intellectual property rights contained in the Service
- Disruption or destruction of Company servers or networks
- Commercial use of information obtained through the Service
- Acts that may interfere with the operation of the Service
- Unauthorized access or attempts thereof
- Collection or accumulation of personal information concerning other users
- Impersonation of other users
- Providing benefits, directly or indirectly, to antisocial forces in relation to the Service
- Any other act deemed inappropriate by the Company
Article 7 (Suspension of Service)
- The Company may suspend or interrupt the Service, in whole or in part, without prior notice to Users, if:
- System maintenance or updates are required
- Provision of the Service becomes difficult due to natural disasters or other force majeure events
- The system halts due to accidents involving computers or communication lines
- The Company deems provision of the Service to be difficult for other reasons
- The Company shall bear no responsibility for any damages or losses incurred by Users or third parties as a result of such suspension or interruption.
Article 8 (Usage Restrictions and Deregistration)
- The Company may, without prior notice, restrict a User’s use of the Service or cancel their registration if the User:
- Violates any provision of these Terms
- Provides false registration information
- Has their registered credit card suspended
- Fails to fulfill payment obligations
- Fails to respond to Company communications for a certain period
- Has not used the Service for a significant period
- Is otherwise deemed inappropriate for continued use of the Service
- The Company shall not be liable for any damages suffered by the User due to actions taken under this Article.
Article 9 (Withdrawal)
Users may withdraw from the Service by following the prescribed withdrawal procedure.
Article 10 (Disclaimer of Warranties and Limitation of Liability)
- The Company makes no warranty that the Service is free from factual or legal defects (including but not limited to safety, reliability, accuracy, completeness, effectiveness, fitness for a particular purpose, security, errors, bugs, or rights infringement).
- The Company shall not be liable for any damages incurred by Users as a result of using the Service. However, if the agreement between the Company and a User constitutes a consumer contract under the Consumer Contract Act of Japan, this limitation shall not apply. Even in such cases, the Company shall not be liable for damages arising from special circumstances (including cases where the Company or the User foresaw or could have foreseen such damages), except where such damages are caused by the Company’s willful misconduct or gross negligence.
- The Company shall not be liable for any disputes, communications, or transactions between Users or between a User and a third party in connection with the Service.
Article 11 (Changes to Service Content)
The Company may change the content of the Service or discontinue the Service without prior notice to Users, and shall bear no liability for any damages incurred by Users as a result.
Article 12 (Amendment of Terms)
The Company may amend these Terms at any time without notice if deemed necessary. By continuing to use the Service after any amendments, Users shall be deemed to have agreed to the revised Terms.
Article 13 (Handling of Personal Information)
Personal information obtained through use of the Service shall be handled appropriately in accordance with the Company’s Privacy Policy.
Article 14 (Notices and Communications)
All notices and communications between Users and the Company shall be made in a manner designated by the Company. Unless the User notifies the Company of a change in contact information according to the prescribed procedure, the Company shall assume the registered contact information is valid, and any notices sent to such contact information shall be deemed to have reached the User at the time of transmission.
Article 15 (Prohibition of Assignment of Rights and Obligations)
Users may not assign or pledge their contractual status or rights or obligations under these Terms to a third party without the prior written consent of the Company.
Article 16 (Governing Law and Jurisdiction)
These Terms shall be governed by and construed in accordance with the laws of Japan. The application of the United Nations Convention on Contracts for the International Sale of Goods shall be excluded. Any disputes arising in connection with the Service shall be subject to the exclusive jurisdiction of the court having jurisdiction over the location of the Company’s head office.