Terms of service
These Terms of Use (hereinafter, the “Terms”) provide the terms of use of BYYO ONLINE STORE (hereinafter, the “Service”) provided on this website by hakimono_sekizuka (hereinafter, the “Company”). Registered users (hereinafter “User(s)”) may use the Service in accordance with these Terms.
Article 1 (Application)
1. These Terms shall apply to any relationship between the User and the Company in relation to the use of the Service.
2. The Company may stipulate various rules and other provisions (hereinafter, “Individual Regulations”) for the use of the Service in addition to these Terms.
3. If there is any conflict between the provisions of these Terms and the provisions of any such Specific Provisions as in the preceding paragraph, the provisions of the Individual Regulations shall prevail, unless otherwise provided for in the Individual Regulations.
Article 2 (User Registration)
1. For this Service, user registration shall be complete when a person who desires to register agrees with the Terms and applies for user registration by the method prescribed by the Company, and approval thereof is notified to such person by the Company.
2. The Company may decline approval of an application for user registration if it deems that the applicant for user registration falls under any of the following, and the Company shall not be obligated to disclose the reasons thereof:
1. The applicant submitted any false information when applying for user registration;
2. The application is made by a person who has violated the Terms; or
3. The Company otherwise determines that such user registration is not appropriate.
Article 3 (Management of User ID and Password)
1. The User shall manage the user ID and password for the Service at its own responsibility.
2. The User may not transfer or lend his/her user ID and Password to or share the same with a third party under any circumstances. If someone logs in to the Service by using a combination of user ID and password that matches registered information, the Company will deem that it is used by the User him-/herself for whom such user ID is registered.
3. The Company shall not be held liable for any damage caused by such use of a User’s user ID and password by a third party unless it was due to an intentional act or gross negligence of the Company.
Article 4 (Sale and Purchase Contract)
1. In this Service, a sale and purchase contract shall be established when the User makes a purchase application to the Company and the Company gives a notice that it accepts such application. Ownership of such product shall transfer to the User when the Company has handed over the product to the delivery company.
2. If the User falls under any of the following, the Company may cancel such sale and purchase contract as in the preceding paragraph without prior notice to the User:
1. The User has violated the Terms;
2. Delivery of the product cannot be completed due to unknown destination or long-term absence; or
3. The Company otherwise deems that the relationship of trust between the Company and the User has been impaired.
3. The methods of settlement, delivery, cancellation of purchase application or returning products shall be as separately prescribed by the Company.
Article 5 (Intellectual Property Rights)
The copyright and other intellectual property rights of the product photos and other contents provided by the Service (hereinafter “Content”) belong to their legitimate owners, such as the Company, content providers, etc., and the User may not reproduce, reprint, modify or otherwise make secondary use of them without permission.
Article 6 (Prohibited Matters)
The User shall not engage in any of the following acts when using the Service:
1. Acts in violation of laws and regulations or public order and morals;
2. Acts relating to any criminal offense;
3. Acts of infringement of any copyright, trademark right or other intellectual property right in the Service;
4. Acts of destroying or interfering with the functions of the Company’s server or network;
5. Acts of commercially using information obtained through the Service;
6. Acts that may interfere with the operation of the Company’s services;
7. Acts of unauthorized access or any attempt thereof;
8. Acts of collecting or accumulating personal information, etc., relating to other Users;
9. Acts of impersonating other Users;
10. Acts of directly or indirectly providing benefits to antisocial forces in relation to the Company’s services; or
11. Any other act that the Company determines inappropriate.
Article 7 (Suspension, etc., of Provision of the Service)
1. In the event that the Company determines that any of the following reasons exists, the Company may suspend or discontinue the provision of all or a part of the Service without prior notice to the Users:
1. When performing maintenance, inspection or updating of the computer system related to the Service;
2. When it has become difficult to provide the Service due to a force majeure event, such as an earthquake, lightning strike, fire, power outage or other natural disasters;
3. When the computer or communication lines, etc., has come to a stop due to an accident; or
4. When the Company otherwise determines that it is difficult to provide the Service.
2. The Company shall not be held liable for any disadvantage or damage suffered by a User or third party due to such suspension or discontinuation of the provision of the Service for whatever reasons.
Article 8 (Use Restrictions and Cancellation of Registration)
1. If the User falls under any of the following, the Company may restrict the User from using the whole or a part of the Service or cancel the User’s registration without prior notice:
1. The User has violated any provision of the Terms;
2. It is found that any false fact is included in the registered matters;
3. The credit card registered by the User as a means of settlement has been suspended;
4. The User has defaulted in his/her payment obligations for fees, etc.;
5. The User fails to respond to communication from the Company for a certain period;
6. The user has not used the Service for a certain period after his/her last use;
7. When the Company otherwise determines that his/her use of the Service is not appropriate.
2. The Company shall not be held liable for any damage incurred by the User as a result of any act conducted by the Company according to this Article.
Article 9 (Withdrawal)
The User may withdraw from the Service by following the prescribed withdrawal procedures.
Article 10 (No Warranty and Disclaimer)
1. The Company makes no warranty that the Service is free of any defect in fact or law (including defects relating to safety, reliability, accuracy, completeness, effectiveness, fitness for a particular purpose, security, etc., errors, bugs and infringements of rights).
2. The Company shall not be held liable for any damage incurred by the User due to the Service; provided that, this disclaimer clause will not apply if the contract (including these Terms) between the Company and the User for the Service falls under consumer contracts provided under the Consumer Contract Act, but even in this case, the Company will not be held liable for any damage incurred by the User due to default or tort by negligence (excluding gross negligence) of the Company if the same arises from special circumstances (including cases where the Company or the User foresaw or could have foreseen the occurrence of such damage).
3. The Company will not be responsible for any transactions, communications, disputes, etc., arising between the User and another User or a third party regarding the Service.
Article 11 (Change of Service Content, etc.)
The Company may change the content of the Service or discontinue the provision of the Service without giving a notice to the User, and shall not be held liable for any damage incurred by the User as a result thereof.
Article 12 (Amendment of the Terms of Use)
The Company may amend the Terms whenever the Company deems it necessary without giving a notice to the User. The User will be deemed to have agreed to the amended Terms when he/she starts using the Service after such amendment of the Terms.
Article 13 (Handling of Personal Information)
The Company shall handle any personal information obtained through your use of the Service properly in accordance with the Company’s “Privacy Policy.”
Article 14 (Notification or Contact)
Any notification or contact between the User and the Company shall be made by the method specified by the Company. Unless the User notifies the Company of any change in accordance with the method specified separately by the Company, the Company assumes that the currently-registered contact information is valid, and will notify or contact the User using such contact information and deem that the same has reached the User at the time of transmission.
Article 15 (Prohibition of Transfer of Rights and Obligations)
The User may not transfer or pledge his/her status under the User Agreement or his/her rights or obligations under these Terms to a third party without prior written consent of the Company.
Article 16 (Governing Law / Jurisdiction)
1. The interpretation of these Terms shall be governed by the laws of Japan. The application of the United Nations Convention on Contracts for the International Sale of Goods shall be excluded with respect to the Service.
2. Any dispute arising in relation to the Service shall be submitted to the exclusive jurisdiction of the court that has jurisdiction over the location of the Company.