Terms of Service
These Terms of Service apply to the online shop provided by zutto matsurika (hereinafter referred to as the “store”) on this website. All registered users (“Users”) are requested to use the Service in accordance with these Terms of Service.
Article 1 (Application)
These Terms of Service shall apply to all relationships between the User and the Store in relation to the use of the Service.
The store may also make various rules regarding the use of the Service (“Individual Regulations”) in addition to these Terms of Use. Regardless of the name by which these Individual Regulations are called, they shall constitute a part of these Terms and Service.
Article 2 (Registration)
Registration for use of the Service shall be completed upon acceptance of the Terms and Service by the applicant, application for registration in the manner prescribed by the Store, and notification of approval by the Store to the applicant.
If the Store determines that the applicant has any of the following reasons, the Store reserves the right to deny the application and shall not be obligated to disclose the reasons for such denial.
The applicant has provided false information when applying for registration.
If the application is from a person who has violated these Terms of Use.
In any other cases where the Store deems that the registration is not appropriate.
Article 3 (Management of User ID and Password)
The User shall manage his/her user ID and password for the Service at his/her own responsibility.
Under no circumstances may the User transfer or lend his/her user ID and password to a third party, or share them with a third party. When a user logs in with a combination of user ID and password that matches the registered information, the Shop deems the use of the Service to be by the user who has registered the user ID.
The Store shall not be liable for any damage caused by the use of a user ID and password by a third party, except in the case of willful misconduct or gross negligence on the part of the Store.
Article 4 (Sales Contract)
A purchase agreement for the Service shall be formed when a User makes an offer to purchase a Product, and when Shop notifies the User of Shop's acceptance of the offer. Ownership of the product shall be transferred to the User when the Store delivers the product to the delivery company.
The Store reserves the right to terminate the purchase agreement without prior notice to the User in the event of any of the following
If the user violates these Terms and Service
If the product delivery is not completed because the delivery address is unknown or the user is absent for a long period of time
In any other cases where the Shop deems that the relationship of trust between the Shop and the User has been damaged.
The method of payment, delivery, cancellation of purchase orders, return of products, and other matters related to this service shall be determined separately by the Store.
Article 5 (Intellectual Property Rights)
The copyrights or other intellectual property rights of the product photos and other contents (hereinafter referred to as “Contents”) provided by the Service belong to the legitimate right holders such as the Store and Contents providers, and the User may not reproduce, reprint, modify or make any other secondary use of them without permission.
Article 6 (Prohibited Matters)
In using the Service, the User shall not engage in any of the following acts
Acts that violate laws and regulations or public order and morals
Actions related to criminal acts
Acts that infringe on copyrights, trademarks, or other intellectual property rights contained in the Service
Acts that destroy or interfere with the functioning of the Shop's server or network
Commercial use of information obtained from the Service.
Acts that may interfere with the operation of the Shop's services.
Unauthorized access or attempts to gain unauthorized access.
Collecting or accumulating personal information about other users.
Impersonating another user.
Providing benefits directly or indirectly to antisocial forces in relation to the Shop's services.
Any other activity that the Shop deems inappropriate.
Article 7 (Suspension of the Service, etc.)
The Store reserves the right to suspend or discontinue the Service, in whole or in part, without prior notice to the User, for any of the following reasons
When performing maintenance inspections or updating of computer systems related to the Service
When provision of the Service becomes difficult due to force majeure such as earthquake, lightning, fire, power outage, or natural disasters
In the event of a computer or telecommunication line outage due to an accident; or
In any other case in which the Shop deems it difficult to provide the Service.
The Store shall not be liable for any loss or damage incurred by the User or any third party due to the suspension or interruption of the Service, regardless of the reason.
Article 8 (Restriction of Use and Termination of Registration)
The Store reserves the right, without prior notice, to restrict a User's use of all or part of the Service, or to terminate the User's registration as a User, in any of the following cases
If a user violates any of the provisions of these Terms of Use.
When it is found that there is a false fact in the registration information
In the event that the credit card submitted by the user as a means of payment is suspended.
In the event of default in payment of fees and other obligations.
If there is no response from the Shop for a certain period of time
If the user has not used the service for a certain period of time since the last use of the service.
The Store otherwise deems the use of the Service inappropriate.
The Store shall not be liable for any damages incurred by the User as a result of actions taken by the Shop in accordance with this Article.
Article 9 (Withdrawal from Membership)
The User may withdraw from the Service by following the prescribed withdrawal procedure.
Article 10 (disclaimer of warranty and disclaimer of liability)
the Store does not warrant that the services will be free from defects in fact or law (including, but not limited to, defects in safety, reliability, accuracy, completeness, effectiveness, fitness for a particular purpose, security, errors or bugs, or infringement of rights). The Store does not warrant that the Service will be free from such defects.
The Store shall not be liable for any damages incurred by the User as a result of the Service. However, the Store shall not be liable for any loss or damage incurred by the User in connection with the Service if the contract between the Shop and the User (including the Terms and Conditions) is a consumer contract as defined in the Consumer Contract Act. However, this disclaimer does not apply if the contract between the Shop and the User (including this Agreement) is a consumer contract as defined in the Consumer Contract Act. In no event shall the Shop be liable for damages arising out of special circumstances (including cases in which the Shop or the User foresaw or could have foreseen the occurrence of the damages), or for damages arising out of default or tort (including but not limited to, negligence) by the Shop. The Shop shall not be liable for any damages arising from special circumstances (including damages that the Shop or User foresaw or could have foreseen).
The Shop shall not be liable for any transactions, communications, or disputes between the User and other Users or third parties in connection with the Service.
Article 11 (Change of Service Contents, etc.)
The Shop reserves the right to change the contents of the Service or discontinue providing the Service without notice to the User, and shall not be liable for any damages incurred by the User as a result thereof.
Article 12 (Modification of Terms of Use)
The Shop may change the Terms of Use at any time without notice to the User if it deems it necessary. In the event that a User starts using the Service after the modification of the Terms of Use, such User shall be deemed to have agreed to the modified Terms of Use.
Article 13 (Handling of Personal Information)
The Shop will properly handle personal information obtained through the use of the Service in accordance with the Shop's “Privacy Policy.
Article 14 (Notification or Communication)
Notices or communications between a User and the Shop shall be made in a manner determined by the Shop. Unless the User notifies the Shop of a change in his/her contact information in accordance with a method specified separately by the Shop, the Shop will assume that the currently registered contact information is valid and will send notices or communications to such information, which will be deemed to have reached the User at the time of transmission.
Article 15 (Prohibition of Assignment of Rights and Obligations)
The User may not assign his/her position under the User Agreement or any rights or obligations under this Agreement to any third party or offer them as collateral without the prior written consent of the Shop.
Article 16 (Governing Law and Jurisdiction)
The Terms of Use shall be governed by and construed in accordance with the laws of Japan. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to the Service.
In the event of any dispute arising in connection with the Service, the court having jurisdiction over the location of the head office of the Shop shall be the court of exclusive jurisdiction.
End of Terms and Service