Users agree to comply with these Terms when ordering "KYOTO SHOP TANI" products using the Online Store.
In addition to these Terms, the Company may establish rules and other provisions (hereinafter "Individual Provisions") regarding the use of the Online Store. Individual Provisions, regardless of their name, will constitute a part of these Terms.
In the event that the provisions of these Terms conflict with the provisions of Individual Provisions, the terms of the Individual Provisions will take precedence unless otherwise specified in the Individual Provisions.
On the Online Store, completion of registration for use will be constituted by a registration applicant consenting to these Terms and applying for registration for use by the method specified by the Company, and the Company notifying the registration applicant of approval for the preceding.
In the case that the Company has determined that any of the following matters applies to the applicant for registration for use, the Company may decline to approve the application for registration for use, and will bear no obligation to disclose the reason.
False information has been reported in the application for registration for use
The application has been made by a person who has violated these Terms
The Company has otherwise deemed that registration for use would not be appropriate
Users will bear personal responsibility for managing their user IDs and passwords for the Online Store.
Under no circumstances may Users transfer or lend their user IDs and passwords to a third party, or share these with a third party. If a combination of user ID and password matches registered information and has been used to log in, the Company will deem the use of the Online Store to be performed by the user with whom that user ID is registered.
The Company will bear no liability for any damages resulting from the use of a user ID and password by a third party, except in the event of intentional or gross negligence by the Company.
On the Online Store, the conclusion of a sales agreement will be constituted by a user requesting purchase from the Company, and the Company providing notification of the acceptance of said request. Ownership of the products and responsibility for risk concerning the products will be transferred to the User at the time that the Company delivers the products to a delivery company.
The Company may cancel the sales agreement set forth in the preceding paragraph without prior notification to the User, if any of the following matters applies to the User.
The User has violated these Terms
Delivery of the products has not been completed due to an unknown delivery address or prolonged absence
The User has committed an action that corresponds to a prohibited matter under Article 6
Payment cannot be confirmed due to delay or default of obligation for payment of the transaction value, etc.
Payment by credit card has been requested but cannot be concluded
The order has been placed by a person under the age of 18 without the consent of guardians
The ordered products are out of stock and the schedule for subsequent arrival of stock has not been set
Damage, malfunction, or other defect has occurred to the products before delivery of the products, replacement stock is not available, and the schedule for arrival of stock is undecided
The products cannot be supplied due to discontinued production, etc.
A relationship of trust between the Company and the User is otherwise recognized as having been lost
Methods of payment, methods of delivery, methods of cancellation of requests for purchase, methods of returning products, etc. pertaining to the Online Store will be set forth separately by the Company.
Copyrights and other intellectual property rights to product photos and other content provided on the Online Store (hereinafter "Content") will reside with the Company, the content providers, and other legitimate rights holders. Users may not duplicate, reprint, modify, or otherwise make secondary use of these without permission.
Users may not perform the following acts when using this Online Store.
Acts that violate laws or public order and morals
Acts related to criminal acts
Acts that infringe upon copyrights, trademark rights, or other intellectual property rights contained in the Online Store
Acts that would disrupt or interfere with the functionality of the Company's servers or networks
Commercial use of information obtained from the Online Store
Acts that may interfere with the business of the Company
Unauthorized access or acts of attempted unauthorized access
Acts of collection or accumulation of personal information pertaining to other Users
Acts of impersonating another User
Application for membership registration based on false registration information
Order placement based on false information or order placement based on the membership qualifications of another person
Improper use of credit cards
Acts that directly or indirectly benefit antisocial forces, in conjunction with services of the Company
Other acts deemed to be inappropriate by the Company
The Company may suspend or discontinue the provision of the Online Store, in whole or in part, without prior notice to Users, if any of the following matters apply.
Maintenance, inspection, or updates are being performed on computer systems involved in the Online Store
Provision of the Online Store has become difficult due to earthquake, lightning, fire, power outage, natural disaster, or other force majeure
Computers or communication lines have been halted due to accident
The Company has otherwise deemed provision of the Online Store to be difficult
The Company will bear no liability for any disadvantage or damages incurred by Users or any third party due to suspension or discontinuation of the provision of the Online Store, regardless of reason.
In the event that any of the following applies to a User, the Company may restrict use of the Online Store by a User, in whole or in part, or may delete the registration of the User, without prior notice.
The User has violated any provision of these Terms
The use of false information for registration has been determined
Use of the credit card which the User has selected as the payment method has been suspended
Default of payment obligations, such as fees, has occurred
There has been no response to contact from the Company for a certain period of time
A certain period of time has elapsed since the User's last use of the Online Store
Delay or other default of obligation for product payment has occurred
Repeated acts of product returns or cancellations have occurred
The Company has otherwise deemed use of the Online Store to be inappropriate
The Company will bear no liability for any damage caused to Users due to actions taken by the Company in conjunction with this Article.
Users may withdraw from membership in the Online Store by following the prescribed membership withdrawal procedures.
The Company makes no warrant regarding a lack of de facto or legal defects in the Online Store (including defects involving safety, reliability, accuracy, completeness, efficacy, fitness for particular purpose, security, etc., or errors, bugs, or infringement of rights, etc.).
The Company bears no responsibility for any damages incurred by Users due to the Online Store.
In the event that an agreement between the Company and a User pertaining the Online Store (including these Terms) constitutes a consumer contract as set forth in the Consumer Contract Act, the provisions of Article 7 Paragraph 2, Article 8 Paragraph 2, Article 10 Paragraph 2, and Article 11 will not apply. However, even in this case, among any damages incurred by the User due to tort or by default on obligations caused by negligence (with the exception of gross negligence) on the part of the Company, the Company will bear no liability for those damages that are attributable to special circumstances (including in cases in which the Company or the User could have foreseen the occurrence of damages).
The Company will bear no responsibility for any transactions, communications, or disputes that occur between a User and other Users or third parties in conjunction with the Online Store.
The Company may change, add to, or discontinue the provision of the Online Store, in whole or in part, without prior notice to and without the consent of Users, and will bear no responsibility for any damages incurred by Users as a result.
The Company may make changes to these Terms. In the event that the Company makes changes to these Terms, the Company will provide notification of the fact of changes to these Terms, the content of the Terms following the changes, and the date on which the changes take effect, via the website.
Notifications or contact between Users and the Company will be conducted through methods specified by the Company. In the absence of notification of changes from a User via methods set forth separately, the Company will consider currently registered contact information to be valid, will conduct notification or contact using that contact information, and, upon performing said communication, will deem said communication to have reached the User.
Users may not transfer status under the usage agreement, or rights or obligations based on these Terms, to a third party, or provide the same as collateral, without the prior written consent of the Company.
Interpretation of these Terms will conform to Japanese law. Application of the United Nations Convention on Contracts for the International Sale of Goods will be excluded with respect to the Online Store.
In the event of dispute pertaining to the Online Store, the Tokyo District Court will be the exclusive court of first jurisdiction.