These Terms of Use (hereinafter referred to as "these Terms") define the conditions for the use of the online shop (hereinafter referred to as "the Service") provided by Phoenix Co., Ltd. (hereinafter referred to as "the Company") on this website. Registered users (hereinafter referred to as "Users") shall use the Service in accordance with these Terms.
Article 1 (Application)
- These Terms shall apply to all relationships between Users and the Company regarding the use of the Service.
- In addition to these Terms, the Company may establish various rules and other provisions regarding the use of the Service (hereinafter referred to as "Individual Provisions"). Regardless of their titles, these Individual Provisions shall constitute a part of these Terms.
- In the event that the provisions of these Terms conflict with the provisions of the Individual Provisions mentioned in the preceding paragraph, the provisions of the Individual Provisions shall take precedence unless otherwise specified therein.
Article 2 (Registration for Use)
- In the Service, registration for use shall be completed when a prospective registrant agrees to these Terms, applies for registration in a manner prescribed by the Company, and the Company notifies the prospective registrant of its approval.
- If the Company determines that an applicant for registration falls under any of the following reasons, it may not approve the application for registration and shall not be obligated to disclose the reason for such non-approval:
- If false information is provided when applying for registration
- If the application is from a person who has previously violated these Terms
- Otherwise, if the Company determines that the registration for use is inappropriate
Article 3 (Management of User ID and Password)
- Users shall manage their User ID and password for the Service at their own responsibility.
- Under no circumstances may a User transfer or lend their User ID and password to a third party or share them with a third party. When a login is performed with a combination of User ID and password that matches the registered information, the Company shall consider the use to be by the User themselves to whom the User ID is registered.
- The Company shall not be held liable for any damages caused by the use of a User ID and password by a third party, except in cases where the Company has engaged in willful misconduct or gross negligence.
Article 4 (Sales Contract)
- In the Service, a sales contract shall be deemed to be concluded when a User places an order with the Company and the Company notifies the User that it has accepted said order. The ownership of the products shall transfer to the User at the time the Company delivers the products to the delivery carrier.
- The Company may terminate the sales contract set forth in the preceding paragraph without prior notice to the User if the User falls under any of the following:
- If the User violates these Terms
- If the product delivery cannot be completed due to an unknown delivery address or long-term absence
- Other cases where the Company determines that the relationship of trust between the Company and the User has been impaired
- Payment methods, delivery methods, methods for cancelling purchase orders, and return methods for the Service shall be determined separately by the Company.
Article 5 (Intellectual Property Rights)
Copyrights or other intellectual property rights for product photographs and other content provided through the Service (hereinafter referred to as "Content") belong to the Company and the legitimate right holders such as Content providers. Users may not reproduce, reprint, modify, or otherwise use such Content for secondary purposes without permission.
Article 6 (Prohibited Acts)
In using the Service, Users shall not engage in the following acts:
- Acts that violate laws or public order and morals
- Acts related to criminal activities
- Acts that infringe upon copyrights, trademark rights, or other intellectual property rights included in the Service
- Acts that destroy or disrupt the functions of the Company's servers or networks
- Acts of commercially utilizing information obtained through the Service
- Acts that may interfere with the operation of the Company's services
- Acts of unauthorized access or attempting to gain unauthorized access
- Acts of collecting or accumulating personal information about other Users
- Acts of impersonating other Users
- Acts of directly or indirectly providing benefits to antisocial forces in connection with the Company's services
- Other acts that the Company deems inappropriate
Article 7 (Suspension of Service Provision, etc.)
- The Company may suspend or interrupt the provision of all or part of the Service without prior notice to Users if it determines that any of the following apply:
- When performing maintenance, inspection, or updating of the computer system related to the Service
- When the provision of the Service becomes difficult due to force majeure such as earthquakes, lightning, fire, power outages, or natural disasters
- When computers or communication lines, etc., are suspended due to accidents
- Other cases where the Company determines that providing the Service is difficult
- The Company shall not be held liable for any disadvantage or damage suffered by a User or a third party due to the suspension or interruption of the Service, regardless of the reason.
Article 8 (Restriction of Use and De-registration)
- The Company may, without prior notice, restrict the use of all or part of the Service to a User or cancel their registration as a User if any of the following applies:
- If the User violates any of the provisions of these Terms
- If it is found that there is a false fact in the registered items
- If the credit card reported by the User as a payment method is suspended
- If there is a default in payment of obligations such as fees
- If there is no response for a certain period of time to contact from the Company
- If there has been no use of the Service for a certain period of time since the last use
- Other cases where the Company determines that the use of the Service is inappropriate
- The Company shall not be held liable for any damages caused to the User by actions taken by the Company based on this Article.
Article 9 (Withdrawal)
Users may withdraw from the Service by following the prescribed withdrawal procedure.
Article 10 (Disclaimer of Warranties and Limitation of Liability)
- The Company does not warrant that the Service is free from defects in fact or law (including defects, errors, bugs, or infringements of rights regarding safety, reliability, accuracy, completeness, validity, fitness for a particular purpose, security, etc.).
- The Company shall not be held liable for any damages incurred by Users through the Service. However, if the contract between the Company and the User regarding the Service (including these Terms) constitutes a consumer contract as defined in the Consumer Contract Act, this disclaimer shall not apply; provided, however, that even in such cases, the Company shall not be held liable for any damages arising from special circumstances (including cases where the Company or the User foresaw or could have foreseen the occurrence of damages) among damages caused to the User due to non-performance or tort resulting from the Company's negligence (excluding gross negligence).
- The Company shall not be held liable for any transactions, communications, or disputes that may arise between a User and other Users or third parties in connection with the Service.
Article 11 (Changes to Service Content, etc.)
The Company may change the content of the Service or discontinue the provision of the Service without notifying Users, and shall not be held liable for any damages incurred by Users as a result.
Article 12 (Changes to Terms of Use)
The Company may change these Terms at any time without notifying Users when it deems necessary. If a User begins using the Service after the changes to these Terms, the User shall be deemed to have agreed to the changed Terms.
Article 13 (Handling of Personal Information)
The Company shall handle personal information acquired through the use of the Service appropriately in accordance with the Company's "Privacy Policy."
Article 14 (Notification or Contact)
Notifications or communication between a User and the Company shall be made in a manner determined by the Company. Unless a change notification is submitted by the User in accordance with the method separately determined by the Company, the Company shall treat the currently registered contact information as valid and perform notifications or communications to such address, which shall be deemed to have reached the User at the time of transmission.
Article 15 (Prohibition of Assignment of Rights and Obligations)
Users may not assign or pledge their status under the usage contract or their rights or obligations based on these Terms to a third party without the prior written consent of the Company.
Article 16 (Governing Law and Jurisdiction)
- These Terms shall be governed by and construed in accordance with the laws of Japan. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded for the Service.
- In the event that a dispute arises regarding the Service, the court having jurisdiction over the location of the Company's head office shall be the exclusive agreed court of jurisdiction.
Enacted: August 23, 2024