terms of service
These Terms of Use (hereinafter referred to as the "Terms") set out the conditions of use for browsing the online shop " WAKAI Online Store DIY & LIFE GOODS " (hereinafter referred to as the "Website") managed and operated by Wakai Sangyo Co., Ltd. (hereinafter referred to as the "Company"), as well as the purchase, sale and purchase of products from this Website and related services (hereinafter referred to as the "Services").
Article 1 (Application)
1. These Terms and Conditions stipulate the rights and obligations between our company and all customers (hereinafter referred to as "Users"), including corporations, sole proprietors, and individuals who purchase products using this service, and apply to all relationships related to the use of this service.
2. In operating the Service, the Company may establish rules on the terms of use of the Service other than these Terms (hereinafter referred to as "Individual Rules", and these Terms and all Individual Rules are collectively referred to as "These Terms, etc."). In such cases, the Individual Rules will also constitute a part of these Terms.
3. In the event that the contents of the individual provisions set forth in the preceding paragraph contradict or conflict with these Terms, the contents of the individual provisions shall take precedence over the relevant part, unless otherwise specified in the individual provisions.
4. If there is a contract, pledge or other arrangement (hereinafter referred to as the "Sales Transaction Contract, etc.") between the User and the Company regarding sales transactions prior to the User's agreement and acceptance of these Terms, and the contents of the Sales Transaction Contract, etc. contradict or conflict with these Terms, the provisions of these Terms shall take precedence with respect to that part.
Article 2 (Agreement to these Terms)
1. The User shall use the Service only after agreeing to and accepting all matters set forth in these Terms.
2. When you complete an order for a product sold through this service (hereinafter referred to as the "Product"), you are deemed to have validly and irrevocably agreed to these Terms and Conditions.
Article 3 (Account Registration )
1. If you wish to register an account, you will need to register your email address, password, and other information required by the Company in accordance with the procedures set forth by the Company. In these Terms and Conditions, a person who has registered an account is referred to as a "Member." In addition, a person who orders products or uses the Service by inputting information set forth by the Company without going through the procedures for registering an account is referred to as a "Guest Purchaser."
2. If the Company determines that the applicant for account registration has any of the following reasons, the Company may not approve the application for account registration and shall not be obligated to disclose the reasons therefor.
(1) If you provide false information when applying for account registration
(2) If the application is from someone who has violated these Terms of Use
(3) Any other case in which the Company determines that your registration is inappropriate
3. If there are any changes to the information required for registration when ordering a product or using this service, the User must notify the Company of the changes without delay.
4. If any of the following events occur or are likely to occur, the User shall promptly notify the Company to that effect.
(1) Changes in address, trade name, representative, and organization related to transactions under these Terms and Conditions
(2) Business transfer, lease, merger, or other similar changes in important management matters
(3) Any of the circumstances falling under any of the items in Article 14 (Restrictions on Use and Cancellation of Registration) or any of the circumstances falling under Article 17 (Exemption from Liability for Force Majeure)
5. If the desired service is not provided due to the user's failure to give the notification set forth in Paragraphs 3 and 4 of this Article, the user shall be responsible for such failure, and the Company shall not be held liable in any way.
Article 4 (Management of registration information, email address and password)
1. Members shall properly manage and store their email addresses and passwords for this service at their own responsibility.
2. Members may not, under any circumstances, lend, transfer, change the name of, buy or sell their email addresses and passwords to third parties, or use them together with third parties, etc. If a login occurs with a combination of email address and password that matches the registered information, it will be deemed to have been used by the member who registered that email address.
3. Except in cases attributable to our company, any damages incurred as a result of leakage of email addresses and passwords, or use of email addresses and passwords by a third party shall be borne by the Member, and our company shall not be held liable in any way.
4. In the unlikely event that a login has occurred without permission using an email address and password combination that matches the registered information, or if the email address and password have been leaked to a third party, the User shall notify the Company immediately.
Article 5 (Sales contract, how to order products)
1. When ordering products using this service, you will need to enter information required by our company. If you are a member of this service, you can omit some of the information required by our company by logging in by entering your email address and password on the login screen of this service.
2. Any order for a product on this service made by inputting information required by our company or by using an email address and password will be deemed to be a valid expression of intent by the user and will be considered a legitimate order.
3. After the user places an order, the sales contract, including the product and delivery date, is deemed to have been concluded when the company accepts the order and confirms the order processing. Since the product will be shipped immediately after the order processing is confirmed, cancellation or changes after the order is placed are not possible. In addition, if the displayed price changes between the time of the order and the shipment of the product, the user agrees in advance that the displayed price at the time of the product order will be applied as the purchase price. Please check the product list, " Payment " and " Shipping " for information on the handling of product sales prices, consumption tax, shipping fees and other necessary fees.
4. If the Company is unable to deliver the Product due to special circumstances, such as a long-term lack of stock or discontinuation of the Product, the Company may cancel the sales contract. However, in this case, the Company shall notify the User without delay.
Article 6 (Product delivery)
1. The User acknowledges in advance that there may be cases where the Company is unable to process orders normally due to incomplete or input errors in the order details or required items, or where delivery cannot be made within the specified delivery period due to force majeure such as traffic conditions or bad weather, or due to the year-end and New Year holidays, midyear and year-end gift seasons, summer holidays, or other circumstances, and the Company shall not be liable for delays in delivery.
2. Depending on the user's internet connection environment, there may be a time difference between the time an order is sent by the user and the time it is received by our company. In this case, the time of the user's order will be the time it is received by our company.
3. Products can only be delivered to addresses within Japan. For details about product delivery, please see " About Delivery ."
Article 7 (Acceptance inspection and liability for non-conformity with contract)
1. The provisions of this Article apply to users who are corporations or sole proprietors (hereinafter referred to as "Business Users").
2. The Business User shall immediately conduct an acceptance inspection of the type, quality, quantity, etc. of the Goods after delivery of the Goods, and shall notify the Company of the results in writing within five business days of the Business User from the date of delivery of the Goods.
3. The delivery of the goods will be completed when the business user notifies our company that the goods have passed the inspection.
4. If the Business User does not notify the Company in writing of the results of the acceptance inspection within five business days from the date of delivery of the Goods, the Goods shall be deemed to have passed the inspection under Paragraph 2 of this Article.
5. If the Business User finds that the delivered goods do not conform to the order in terms of type, quality, or quantity (hereinafter referred to as "contract non-conformity"), the Business User shall immediately notify the Company of the fact, indicating the specific reason for the contract non-conformity. If the Company receives a notice from the Business User that the goods have failed the inspection, the Company shall immediately take back the failed goods and, at the Company's expense, deliver substitute goods, deliver the missing goods, or take other measures that the Company deems appropriate. However, if the failed goods fall under any of the following items, the Company shall be exempt from taking the measures set forth in this paragraph at its expense.
(1) Using the product for purposes other than acceptance inspection
(2) If the product is transferred to a third party
(3) If an applicant is rejected without a reasonable reason
(4) When the non-conformity of the product is due to reasons attributable to the business user
6. If the business user does not issue the notice in the preceding paragraph, the business user cannot make a claim for completion by delivery of a substitute or delivery of the missing part on the grounds of non-conformity with the contract. The same applies to the termination of the contract and claims for damages on the grounds of non-conformity with the contract.
7. In the case of non-conformity that is not easily discovered during the inspection, the same shall apply as in the preceding paragraph if it is discovered within six months after the end of the inspection.
8. Paragraphs 2 to 6 of this Article shall apply mutatis mutandis to the acceptance inspection, etc. of the Products re-delivered by our Company.
Article 8 (Delivery and Returns)
1. The provisions of this Article apply to individual Users.
2. Delivery of the product is completed when the product arrives at the "delivery address" entered when placing the order.
3. If you find any non-conformity with the contract, please check " About Returns and Refunds " and contact us by phone or through the " Inquiry Form ."
Article 9 (Ownership and Risk)
The ownership and risk of the goods will be transferred from us to the user when the goods are handed over to the user by the carrier.
Article 10 (Intellectual Property Rights)
1. If a user receives a complaint, request, injunction or other assertion on the grounds that a product infringes a third party's intellectual property right, the user must contact the Company immediately.
2. When the Company receives a report from a user as described in the preceding paragraph, the Company will immediately investigate whether there has been any infringement of a third party's rights and the cause of the infringement, and the user will cooperate with this investigation.
3. If the infringement of a third party's rights as set forth in paragraph 1 of this Article is deemed to be due to reasons attributable to the User, such as a case where the infringement is due to an instruction or request from the User, the User shall deal with the third party in question at its own expense and responsibility and resolve the matter.
Article 11 (Prohibited matters)
When using this service, users are prohibited from engaging in the following acts.
(1) Any act violating laws and regulations
(2) Any act related to a crime, such as aiding, assisting, or inciting a crime
(3) Fraudulent or threatening acts against the Company, other users of the Service, or other third parties
(4) Any act that violates public order and morals
(5) Any act that infringes the copyright, intellectual property right, portrait right, right to privacy, reputation, or other rights or interests of the Company, other users of the Service, or other third parties.
(6) Any act that destroys or interferes with the functioning of the servers or networks of the Company or any third party related to the Service
(7) Reverse engineering or other analysis of the software or other systems provided by the Company
(8) Any act that may disrupt the operation of our services
(9) Any unauthorized access to our network or systems
(10) Collecting or storing personal information of other users
(11) Using the Service for any illegal purpose
(12) Any act that causes disadvantage, damage, or offense to other users of the Service or other third parties
(13) Impersonating another user
(14) Using the ID or password of another user of the Service
(15) Promoting, advertising, soliciting or conducting any other sales activities on the Service without prior consent from the Company
(16) Any act of directly or indirectly providing benefits to antisocial forces
(17) Any act that directly or indirectly causes or facilitates any of the acts listed above.
(18) Any other conduct that the Company deems inappropriate
(19) Attempting any of the acts listed above
Article 12 (Suspension of provision of the Service, etc.)
1. If the Company determines that any of the following circumstances exist, it may suspend or interrupt the provision of all or part of the Service without prior notice to the User.
(1) When carrying out maintenance, inspection or updating of the computer system related to the Service
(2) When the operation of the Service becomes impossible due to computer or communication line failure, operational errors, excessive concentration of access, unauthorized access, hacking, etc.
(3) When it becomes difficult to provide the Service due to fire, power outage, natural disaster, or other force majeure
(4) When the computers or communication lines related to the Service are stopped due to an accident
(5) Any other case in which the Company determines it necessary to suspend or interrupt the Service.
2. The Company shall not be liable for any damage suffered by the User or a third party due to the suspension or interruption of the provision of the Service.
3. The provisions of the preceding paragraph shall not apply in cases where the Company is guilty of willful misconduct or gross negligence.
Article 13 (Termination of the Service)
The Company may change the content of the Service or terminate the provision of the Service at its convenience. If the Company terminates the provision of the Service, the Company will notify the user of the termination of the Service at least one month prior to the termination date, in a manner that the Company considers appropriate.
Article 14 (Restrictions on Use and Cancellation of Registration)
1. If a user falls under any of the following items, our company may, without prior notice, restrict the user's use of all or part of the Service or cancel the user's registration as a user.
(1) If you violate any provision of these Terms, etc.
(2) If it is discovered that the registered information is not true
(3) If there is a default on payment obligations such as the price of goods.
(4) If the company is subject to a business suspension, revocation of business license, or other disposition.
(5) When a petition for bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, or special liquidation has been filed.
(6) If the User is subject to compulsory execution such as seizure, provisional seizure, or provisional disposition, or to disposition for default on public taxes and dues.
(7) When a payment is suspended or a debtor becomes unable to pay, or when a bill is dishonored.
(8) When a resolution is passed to dissolve, merge, or transfer all or a significant part of the business
(9) If there is no response to our contact within 7 days
(10) Any other case in which the Company determines that use of the Service is inappropriate
2. The Company shall not be liable for any damages incurred by the User as a result of any action taken by the Company pursuant to the preceding paragraph.
Article 15 (Acceleration of Time)
If any of the events listed in the preceding article occur to the User, the User shall lose the benefit of the term for all debts owed to the Company (including, but not limited to, debts related to sales transaction contracts, etc.) and shall immediately repay such debts to the Company, even without any notice from the Company.
Article 16 (Disclaimer of Warranty and Exemption from Liability)
1. The Company makes no warranty, express or implied, that the Service will conform to the specific purpose of the User, that the User's use of the Service will conform to the laws and regulations or internal rules of industry associations that are applicable to the User, that the Service will be available continuously, that there will be no malfunctions, or that the Service will be free from factual or legal defects (including, but not limited to, defects in safety, reliability, accuracy, completeness, validity, or security, etc.).
2. Even if a user incurs damages due to reasons not attributable to our company, our company shall not be liable for any compensation for said damages.
3. Any transactions, communications, or disputes that arise between a user and another user or a third party in relation to the Service, regardless of the reasons attributable to the Company, shall be resolved by the user at his/her own responsibility, and the Company shall not be held liable in any way.
Article 17 (Force majeure exemption)
1. If it becomes difficult to fulfill a sales contract using this service due to force majeure such as natural disasters, war, riots, civil war, epidemics, amendments or abolition of laws and regulations, orders by public authorities, strikes or other labor disputes, accidents involving transportation, factory shutdowns, shortages in the supply of fuel or raw materials, or other reasons beyond our control, we may cancel or modify all or part of a sales contract using this service. Furthermore, we shall not be obligated to compensate the user for any damages incurred as a result of such cancellation or modification.
2. If the situation described in the preceding paragraph continues for one month or more and the Company judges that it is difficult to continue the business relationship between the User and the Company, the Company may notify the User to that effect and suspend or interrupt the provision of the Service without incurring any liability to the User.
Article 18 (Limitation of damages)
If the Company is liable for damages in relation to the use of the Service, the Company shall be liable for compensation up to the total amount paid by the Subscriber to the Company as the fee for the Service.
Article 19 (Handling of Personal Information)
1. The Company will handle personal information acquired in connection with the Service appropriately in accordance with the " Privacy Policy " separately established by the Company, and Users agree that the Company will handle their User Information in accordance with this Privacy Policy.
2. Our company may, at its discretion, use and disclose any information, data, etc. provided by users to our company as statistical information in a form that does not identify individuals, and users shall not object to this.
Article 20 (Notice or Contact)
1. Inquiries regarding the Service and other communications or notices from users to the Company, and notices regarding changes to these Terms and Conditions and other communications or notices from the Company to users, shall be made in the manner specified by the Company.
2. When the Company contacts or notifies the email address or other contact information included in the registration information, the currently registered contact information shall be deemed valid and the notice or notification shall be sent to that contact information, unless the user takes the procedure to change the registration information pursuant to Article 3. Even if the notice or communication does not reach the user due to the user's failure to take the procedure to change the registration information, it shall be deemed to have reached the user at the time it would normally reach the user.
Article 21 (Prohibition of Transfer of Rights and Obligations)
Users may not transfer their status under these Terms or their rights or obligations hereunder to a third party, use them as collateral for a third party, or dispose of them in any other way without our prior written consent.
Article 22 (Governing Law and Jurisdiction)
1. The interpretation of these Terms and Conditions shall be governed by Japanese law.
2. Any disputes arising from or relating to the Service shall first be filed for civil mediation in the district court having jurisdiction over the location of the Company's head office, and the User shall be required to appear at said civil mediation, and both parties shall seek to resolve the dispute through amicable settlement.
3. If the civil mediation set forth in the preceding paragraph fails, the summary court or district court with jurisdiction over the location of our head office shall be the court of first instance with exclusive jurisdiction, depending on the amount of the claim.