These Terms and Conditions of Use are established by MJ Lou JAPON LLC (the "Company") for the use of services provided by the OMACCHAYA Online Shop Website (the "Service"), which is operated by the Company.
Terms and Conditions of Use for OMACCHAYA Online Shop Website
Article 1 Scope and Changes Regarding the Terms and Conditions of Use
- The Terms and Conditions of Use shall apply to the Company and a User (as defined in Article 3) of the Service with regard to the provision and use of the Service.
- The Company reserves the right to change or modify the Terms and Conditions of Use at any time without obtaining the prior consent of a User.
Article 2 Use of the Service
- A User shall use the Service in accordance with the Terms and Conditions of Use and with the online Shopping Guide, as well as with other rules established separately by the Company.
- The Company reserves the right to change the content of the Service without giving prior notice to a User.
Article 3 Users
In the Terms and Conditions of Use, a "User" refers to an individual who uses the Service, which includes visiting this website and purchasing products through the Service. A User who uses the Service is deemed to have agreed to the Terms and Conditions of Use.
Article 4 User Registration
- In cases where a User uses the Service and purchases any product of the Company for the first time, the User is required to register his/her membership with the Service. The User shall access the Member Registration page and apply for membership in accordance with the procedures as set forth by the Company.
- In cases where a User purchases any product by credit card, the User shall use a credit card under the User's name.
- In cases where the Company accepts a User's membership application provided for in Paragraph 1, the Company shall notify the User of such an acceptance by sending an email confirming the registration to the User.
- The Company may refuse a membership application if:
- it is found that the applicant has had his/her membership cancelled in the past for breaching the provisions of the Terms and Conditions of Use or any other reason; or
- the content of the membership application contains any false information; or
- the Company judges that the acceptance of the application is inappropriate for any other reason.
Article 5 Notice of Change of User Information
In accordance with the procedures instructed separately by the Company, a User shall notify the Company of any changes to the membership information registered with the Company, including the User's address, name, and telephone number.
Article 6 Suspension of Provision of Service; Cancellation of User's Membership
The Company may suspend the provision of Service to a User or cancel a User's membership without giving prior notice if:
- it is found that the User has had his/her membership cancelled in the past for breaching the provisions of the Terms and Conditions of Use or any other reason; or
- the User fails to perform any of his/her obligations, including a delay in performing payment obligations for charges in connection with the Service; or
- the User commits any of the prohibited acts provided for in Article 7; or
- the User breaches any other provision of the Terms and Conditions of Use.
Article 7 Prohibited Acts
A User shall not commit any of the following acts:
- submit a membership application containing false information
- interfere with the operation of the Service or engage in any other act that is likely to disturb the provision of the Service
- engage in the unauthorized use of a credit card when using the Service
- engage in the unauthorized use of an email address or password
- commit any act that causes or is likely to cause inconvenience, disadvantage or damage to any other User, third party, or the Company
- commit any act that infringes or is likely to infringe on any trademark right, copyright, privacy right or any other right of any other User, third party, or the Company
- commit any act that is or is likely to be morally offensive or that violates or is likely to violate any law or regulation
- commit any other act that the Company considers inappropriate
Committing any such prohibited act may be not only a breach of etiquette, but also a violation of the criminal code, the Unauthorized Computer Access Law, trademark law, copyright law, the civil code, or the commercial code; and will be subject to criminal penalty or civil damages.
Article 8 Copyright
- Unless a User obtains consent from the copyright holder, the User shall not use any information provided through the Service beyond the scope of use allowed for by the copyright law, including private copying.
- In cases where any problem arises between a User and a holder of any right, or any third party, as a result of a breach of the provisions of the Terms and Conditions of Use, it is the responsibility of the User to resolve such problem on his/her own and at his/her own expense, and the User shall cause no trouble to the Company, and shall hold the Company harmless against any damages.
Article 9 Management of Member IDs and Passwords
- A User shall be responsible for the management of his/her member ID and password designated by the User.
- A User shall not assign, lend, and disclose his/her member ID or password to any third party.
- A User shall be liable for any damage caused by inappropriate management, errors in usage, or a third party's use of his/her member ID or password.
- In cases where a User becomes aware of an unauthorized use of his/her member ID or password by any third party, the User shall promptly notify the Company of such an occurrence.
Article 10 Use of User Information
- The Company shall not disclose or provide any information concerning a User that the Company obtained in connection with the use of the Service to any third party, unless:
- the User consents to the disclosure of his/her name, address, gender, age, email address and other information; or
- the Company provides the third party with statistical data regarding the User's personal information, collected to study a trend in the use of the Service, in such a way that the specific User cannot be identified; or
- such information is required in connection with the provision of the Service (for instance, the disclosure of the User's name and address to a delivery company at the time of delivering products to the User); or
- the use of User information is authorized by the Company's guidelines in any other case.
Article 11 The Purchase of Products
- A User may purchase the Company's products through the Service.
- A User who desires to purchase a product shall make an offer to purchase the product in accordance with procedures as set forth by the Company.
- A sales/purchase contract for the product shall be deemed to be concluded between a User and the Company at the time when the Company sends an email to the User notifying him/her of the Company's acceptance of such offer provided for in the preceding paragraph.
- The cancellation of an offer provided for in Paragraph 2 shall be subject to the provisions of the online Shopping Guide or any other applicable provisions established separately by the Company.
Article 12 Termination of Sales/Purchase Contract
- The Company may terminate a sales/purchase contract with a User if:
- the User breached any of the provisions of the Terms and Conditions of Use; or
- reasonable grounds arise as to the User's inability to pay for the Service; or
- the Company has difficulty delivering products to the User due to a lack of items in stock; or
- the Company is unable to deliver products to the User due to the User's unidentifiable address or the User's long period of absence from the site.
- Notwithstanding the foregoing, in cases where a User engaged in an unauthorized or inappropriate act in connection with the use of the Service, the Company may take appropriate actions, including the revocation or termination of a sales / purchase contract.
Article 13 Payment
- To purchase products, a User shall pay the aggregate value of the product purchase price, shipping charge and any applicable sales tax.
- When paying for a product purchased through the Service, a User may be unable to use certain payment methods, depending on the content of the product or the User's age.
- Payment by credit card shall be subject to the terms and conditions provided for in a separate agreement between a User and his/her credit card company. In cases where any dispute arises between a User and his/her credit card company, such parties shall be responsible for the resolution of such dispute. Under no circumstances shall the Company be held responsible for such resolution.
Article 14 Return of Products
- Except for cases where the product is damaged during delivery, the product is defective, a wrong product is delivered, or any other case where the Company accepts returns, a User may not return any product to the Company.
- A User shall return products to the Company in accordance with the procedures established separately by the Company.
- If merchandise is returned to sender (the Company) undelivered, the User shall bear the entire cost of the order in cases where the Company is not able to establish contact with the User within 30 days of sending notice to the User that the shipment was returned.
- When merchandise is returned to sender (the Company) undelivered, the User shall bear any cost of reshipping or redirection. The User should use online tracking in order to ensure that merchandise is delivered without issue.
Article 15 Management of Information
- The Company may delete comments or any other information provided by a User at the Company's sole discretion without giving notice to the User if:
- it is judged that such information clearly infringes on the Company's or any third party's right, including a copyright, or tarnishes the reputation of the Company or the third party, or undermines trust in the Company or the third party; or
- any third party gives warning to the Company that such information infringes on such party's right, including copyright, or tarnishes such party's reputation, or undermines trust in such party; or
- it is judged that such information breaches any applicable law or regulation of Japan or any other country; or
- any government or public body orders the Company to delete such information in accordance with the provisions of any applicable law or regulation; or
- it is judged that such information is inappropriate for the operation of the Service.
- At its sole discretion, the Company may deny a User access to this website, in whole or in part, without giving any notice to the User.
- A User's personal information, which the Company obtained through the Service, shall be used for the purpose of providing various services to the User and making improvements with respect to products and services, including account settlement, the provision of information to the User, sales management, product development, and trend analysis.
Article 16 Suspension of Service
- For the purpose of keeping the operation of the Service in good condition, the Company may suspend the Service, in whole or in part, without giving prior notice to a User if:
- such suspension is required for the regular or emergency maintenance of the Service; or
- the Service is difficult to operate due to such reasons as fire, power failure, or interference by a third party; or
- the Company judges that it has no choice but to suspend the operation of the Service due to any other reason.
Article 17 Disclaimers
- The Company is deemed to have performed its duties when it completes the following action:
- (In the case of a duty to send notice)
It sends notice to a User at his/her email address, which the User registered with the Company.
- (In the case of a duty to deliver products)
It delivers products to the address designated by a User at the time of his/her purchase.
- (In the case of a duty to send notice)
- Under no circumstances shall the Company be held liable for any damage, loss or disadvantage in connection with the use of the Service or in connection with products the Company sells through the Service, regardless of legal cause of action.
- Under no circumstances shall the Company be held liable for any damage a User incurred due to an inability to use the Service.
- The Company shall be fully and legally discharged by implementing the company's established required procedures based on a User's registered information.
- In cases where a User inflicts any damage on another User or any third party by his/her use of the Service, such User shall resolve such problem at his/her own responsibility and expense, and shall not cause any trouble to the Company.
- When changing a User's password, the Company shall be discharged by verifying the User's identity through the procedures specified by the Company.
Article 18 Miscellaneous
- The Company shall, in principle, communicate with Users by email and telephone.
- In cases where any problem arises in connection with the use of the Service that cannot be settled in accordance with the Terms and Conditions of Use, the Company and a User shall consult with each other and resolve such problem in good faith.
- The Tokyo District Court, as the court of the first instance, shall have jurisdiction over any lawsuit in connection with the use of the Service.