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Terms of service

Terms of Service
These Terms of Service (hereinafter referred to as "the Terms") defines the terms of use for the online shop “KOMARI_JP” (hereinafter referred to as "the service") provided by Komari Co., Ltd. (hereinafter referred to as "our company") on this website. All users (hereinafter referred to as "users") will use this service in accordance with the Terms. Our company considers users who use this service to agree to the Terms.


Article 1 (Application)
These Terms shall apply to all relationships between the user and our company relating to the use of the services.

Our company may make various provisions (hereinafter referred to as "individual provisions") regarding this service in addition to the Terms, such as rules for use. These individual provisions form part of the Terms, regardless of their name.

If the provisions of the Terms conflict with the provisions of the individual provisions in the preceding paragraph, the individual provisions shall prevail, unless otherwise specified in the individual provisions.



Article 2 (User Registration)
In this service, user registration is completed when the applicant agrees to the Terms, applies using the method specified by our company, and receives our approval notification.

Our company may not approve the application for user registration if we judge that the applicant meets the following conditions. In addition, we shall not be obliged to disclose the reason for rejection.

  1. When false information is submitted during application for user registration.
  2. When the application is from a person who has violated these Terms.
  3. Or in any other cases where our company determines that the application is not equivalent to a valid user registration.



Article 3 (Sales Contract)
In this service, a sales contract is concluded when a user makes an application for purchase to our company and is notified that our company has accepted the application. In addition, the ownership of the product shall be transferred to the user when our company delivers the product to the delivery carrier.

It is assumed that the user’s purchase application is made under their own responsibility.

In any of the following reasons, our company shall cancel the sales contract of paragraph 1 of this Article without notifying the users (hereinafter referred to as "the buyer") who concluded the sales contract in advance.

  1. When the buyer violates these Terms.
  2. When the product the buyer ordered is out of stock and the future arrival schedule is undecided.
  3. When the product is damaged, defective, etc. before delivery, out of stock, and the arrival schedule is undecided.
  4. When the manufacturer or supplier becomes unable to supply products due to discontinuation of production, etc.
  5. When delivery of the product is not completed due to unknown destination or long absence.
  6. When our company admits that the relationship of trust between our company and the buyer has been impaired.
  7. The payment method, delivery method, cancellation method of purchase application, return method, etc. for this service depend on a method specified separately by our company.



Article 4 (Price)
The price of each product is listed on the product detail page.
The list price includes consumption tax.

Our company may change the product price and shipping charges without notice to the user. If the product price, shipping fee, or both are changed after the sales contract is concluded, the buyer need only pay the price listed at the time the sales contract was established, and our company will not issue additional charges or refunds for any price differences.


Article 5 (Intellectual Property Rights)
Copyrights and other intellectual property rights of product photographs and other contents (hereinafter referred to as “contents”) provided by this service belong to our company and the rightful owners, such as content providers. Users may not copy, reprint, modify or otherwise use the contents without permission.


Article 6 (Prohibitions)
In using this service, users shall not perform the following acts:

  1. Acts that violate laws or public order and morals.
  2. Acts related to criminal activities.
  3. Acts that infringe copyrights, trademark rights, or other intellectual property rights included in this service.
  4. The act of destroying or interfering with the function of our server and/or network.
  5. The act of commercial use of the information obtained by this service.
  6. Acts that may interfere with the operation of our services.
  7. The act of making unauthorized access or attempting unauthorized access.
  8. The act of collecting or accumulating personal information about other users.
  9. The act of impersonating other users.
  10. The act of directly or indirectly providing profits to antisocial forces in connection with our services.
  11. Any other acts that our company deems inappropriate.




Article 7 (Suspension of Provision of This Service, etc.)
Our company may suspend or discontinue all or part of this service without notifying the user in advance if we determine that any of the following reasons apply:

  1. When performing maintenance inspections or updates of computer systems related to this service.
  2. When it becomes difficult to provide this service due to a major event such as an earthquake, lightning strike, fire, blackout, or other natural disasters.
  3. When the computer or communication line is halted due to an accident.
  4. In addition, when our company determines that it is difficult to provide this service.


Our company shall not be liable for any loss of profit or damage incurred by the user or a third party due to the suspension or interruption of the provision of this service for any reason.


Article 8 (Usage Restrictions)
Our company may restrict the use of all or part of this service to users without prior notice in any of the following cases:

  1. When users violate any provision of the Terms.
  2. When it is found that any of the registered information has been falsified.
  3. When the credit card that the buyer has used as a payment method is suspended.
  4. When users default on payment obligations, such as fees.
  5. When there is no response for a certain period of time from our contact.
  6. In addition, when our company determines that the user of this service is inappropriate.


Our company does not take any responsibility for the damage caused to the user by the actions performed by us based on this section.



Article 9 (Warranty Disclaimer and Limitation of Liability)
Our company may have any issues (errors, bugs, rights, etc.) related to this service, whether due to factual or legal defects. Safety, reliability, accuracy, completeness, effectiveness, fitness for a particular purpose, security, etc. (including infringement) is not guaranteed.

Our company does not take any responsibility for any damage caused to the user by this service. However, if the contract (including these Terms) between us, our company, and the user regarding this service becomes a consumer contract stipulated in the Consumer Contract Law, this disclaimer does not apply. Even in such cases, our company shall not be responsible for any damages caused to us by special circumstances, such as damages caused to us by default or tort due to our negligence (excluding gross negligence). We bear no responsibility, even in cases that were foreseeable or could have been foreseen.

Our company will not be responsible for any transaction, communication or dispute between the user and other users or third parties regarding this service.

 

Article 10 (Change of Service Content, etc.)
Our company can change the content of this service or stop the provision of this service without notifying the user, and we will not be liable for any damage caused by this.



Article 11 (Change of Terms of Service)
Our company may change these Terms at any time without notice to the user if we deem it necessary. If the user starts using the Service after changing the Terms, it is assumed that the user has agreed to the changed Terms.

 

Article 12 (Handling of Personal Information)
Our company will handle personal information acquired by using this service appropriately in accordance with our “Privacy Policy”.

 


Article 13 (Notification or Contact)
Notifications or communications between the user and our company shall be made by the method specified by our company. Unless the user notifies us of any changes through a method separately designated by our company, we will consider the currently registered contact information as valid and use that method for all notifications and communications with the user. We assume that you will be reached.



Article 14 (Prohibition of Transfer of Rights and Obligations)
The user may not transfer the position in the contract of use or the rights or obligations under the Terms to a third party or provide collateral without the prior written consent of our company.



Article 15 (Governing Law, Jurisdiction)
In interpreting these Terms, Japanese law shall be the governing law. The provision of the United Nations Convention on Contracts for the International Sale of Goods shall be excluded from this service.
In the event of a dispute regarding this service, the court having jurisdiction over the location of our company’s head office shall be the exclusive agreement jurisdiction court.