TERMS OF SERVICE
These terms of service (hereinafter referred to as "these Terms") stipulate the terms of service of the online shop (hereinafter referred to as "this Service") provided on this website by HEAVENSAKE KK (hereinafter referred to as "the Company"). Registered Users (hereinafter referred to as "the Users") shall use this Service in accordance with these terms.
1.APPLICATION
These terms shall apply to all relationships between Users and the Company related to the use of this Service. In addition to these terms, the Company may make various provisions regarding this Service, such as rules for use (hereinafter referred to as "individual provisions"). These individual provisions shall constitute part of these terms, regardless of their name. In the event that the provisions of these terms conflict with the provisions of the individual provisions in the preceding paragraph, the provisions of the individual provisions shall take precedence, unless otherwise specified in the individual provisions.
2.USER REGISTRATION
For this Service, user registration is completed when the person who wishes to register agrees to these terms and conditions, applies for user registration in the manner specified by the Company, and the Company notifies the person who wishes to register of its approval. If the Company determines that the applicant for user registration has any of the following reasons, the Company may not approve the application for user registration, and shall not be obligated to disclose the reason.
- ・False information is provided when applying for user registration.
- ・If the application is from a person who has violated these Terms and Conditions.
- ・If the Company otherwise determines that the user registration is inappropriate.
3.MANAGEMENT OF USER ID AND PASSWORD
Users shall manage their user ID and password for this Service at their own responsibility. Under no circumstances may Users transfer or lend their user ID and password to a third party, or share them with a third party. If a user ID and password combination matches the registered information and logs in, the Company shall consider that the user ID is used by the user who registered it. The Company shall not be liable for any damages caused by the use of the user ID and password by a third party, except in cases of willful or gross negligence on the part of the Company.
4.SALES CONTRACT
In this Service, a sales contract is established when the user makes a purchase application to the Company and the Company notifies the user that the application has been accepted. The ownership of the product shall be transferred to the user when the Company delivers the product to the delivery company. The Company may cancel the sales contract under the preceding paragraph without prior notice to the User if the User falls under any of the following reasons:
- ・If the User violates these terms and conditions
- ・If the delivery of the product is not completed due to an unknown delivery address or a long absence
- ・If the Company otherwise deems that the relationship of trust between the Company and the user has been damaged.
Payment methods, delivery methods, cancellation methods for purchase applications, and return methods for this Service shall be determined by the Company separately.
5.INTELLECTUAL PROPERTY RIGHTS
The copyright or other intellectual property rights of product photos and other content (hereinafter referred to as "Content") provided by this Service belong to the legitimate rights holders such as the Company and the Content provider, and the User may not reproduce, reprint, modify, or make any other secondary use of these without permission.
6.PROHIBITED MATTERS
When using this Service, Users shall not engage in the following acts.
- ・Acts that violate laws, regulations, or public order and good morals
- ・Acts related to criminal activities
- ・Acts that infringe on copyrights, trademarks, or other intellectual property rights contained in this Service
- ・Acts that destroy or interfere with the functioning of our servers or networks
- ・Acts that commercially use information obtained through this Service
- ・Acts that may interfere with the operation of this Services
- ・Acts of unauthorized access or attempts to gain unauthorized access
- ・Acts of collecting or storing personal information, etc. about other Users
- ・Acts of impersonating other Users
- ・Acts that directly or indirectly provide benefits to anti-social forces in relation to this Services
- ・Other acts that the Company deems inappropriate
7.SUSPENSION OF PROVISION OF THIS SERVICE, ETC.
If the Company determines that any of the following circumstances exist, it may suspend or interrupt the provision of all or part of this Service without prior notice to the user.
- ・When maintenance, inspection, or updates are being performed on the computer system related to this Service.
- ・When it becomes difficult to provide this Service due to force majeure such as earthquakes, lightning strikes, fires, power outages, or natural disasters.
- ・When computers or communication lines, etc. are stopped due to an accident.
- ・When the Company otherwise judges it difficult to provide this Service.
The Company shall not be liable for any disadvantage or damage suffered by the User or a third party, regardless of the reason, due to the suspension or interruption of the provision of this Service.
8.RESTRICTIONS ON USE AND CANCELLATION OF REGISTRATION
The Company may, without prior notice, restrict the User's use of all or part of this Service, or cancel the User's registration, in any of the following cases:
- ・When any provision of these Terms and Conditions is violated.
- ・When it is discovered that there is a false fact in the registered information.
- ・When the credit card registered by the User as a payment method is suspended.
- ・When there is a default on payment obligations such as fees.
- ・When there is no response to contact from the Company for a certain period of time.
- ・When there is no use of this Service for a certain period of time since the last use.
- ・When the Company otherwise judges that the use of this Service is inappropriate.
The Company shall not be liable for any damages incurred by the User due to the actions taken by the Company under this Article.
9.WITHDRAWAL
Users may withdraw from this Service by completing the prescribed withdrawal procedure.
10.DISCLAIMER OF WARRANTY AND EXEMPTION
The Company does not guarantee that this Service is free from factual or legal defects (including defects related to safety, reliability, accuracy, completeness, validity, suitability for a specific purpose, security, etc., errors and bugs, infringement of rights, etc.). The Company shall not be liable for any damages incurred by the User as a result of this Service. However, if the contract between the Company and the User regarding this Service (including these Terms and Conditions) is a consumer contract as defined in the Consumer Contract Act, this exemption provision shall not apply. Even in this case, the Company shall not be liable for any damages incurred by the User due to special circumstances (including cases where the Company or the User foresaw or could have foreseen the occurrence of the damages) caused by breach of contract or tort due to the Company's negligence (excluding gross negligence). The Company shall not be liable for any transactions, communications, disputes, etc. that arise between the User and other Users or third parties regarding this Service.
11.CHANGES TO THE SERVICE CONTENT, ETC.
The Company may change the content of this Service or discontinue provision of this Service without notifying the User, and shall not be liable for any damages incurred by the User as a result.
12.CHANGES TO THE TERMS OF USE
The Company may change these Terms at any time without notifying the User if it deems it necessary. In addition, if a User begins to use this Service after these Terms have been changed, the User shall be deemed to have agreed to the changed Terms.
13.HANDLING OF PERSONAL INFORMATION
The Company shall handle personal information acquired through the use of this Service appropriately in accordance with the Company's Privacy Policy.
14.NOTIFICATION OR CONTACT
Any notification or contact between the Users and the Company shall be made in accordance with the method specified by the Company. Unless the User notifies the Company of a change in accordance with the method separately specified by the Company, the Company shall consider the currently registered contact information to be valid and shall notify or contact the said contact information, and such notification or contact shall be deemed to have reached the User at the time of sending.
15.PROHIBITION OF TRANSFER OF RIGHTS AND OBLIGATIONS
Users may not transfer to a third party or use as security their status under this Service or their rights or obligations under these Terms and Conditions without the prior written consent of the Company.
16.GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by Japanese law. The application of the United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Service. In the event of a dispute arising in relation to this Service, the court with jurisdiction over the location of the Company's head office shall be the court of exclusive jurisdiction.