Chapter 1: General Provisions
Article 1: Scope and Amendment of These Terms
1. These Terms of Service establish the terms governing use of the services common to the website known as NOVESTA JAPAN STORE (the “Site”), which is operated by KLEINSTEIN CO., LTD. (the “Company”). Such services are hereinafter referred to as the “Services.”
2. These Terms apply to all users of the Services as defined in Article 3 of Chapter 2 below.
3. The Company may amend all or part of these Terms as appropriate without obtaining users’ prior consent.
4. If all or part of these Terms are amended, the amended Terms will apply to use of the Services.
Article 2: Use of the Services
Users shall use the Services in accordance with applicable laws, regulations, and official notices, these Terms, and any other terms, personal-information protection policies, privacy policies, or similar rules separately established by the Company.
Chapter 2: Users and Members
Article 3: Definition of a User
For purposes of these Terms, a “User” means any person who, after accepting all provisions of these Terms, searches for, views, or uses images, text, designs, logos, video, audio, programs, ideas, information, electronic data relating to any of the foregoing, or other materials provided by the Company through the Services (collectively, “Content”), as well as any Member, meaning an account holder under Article 4 below.
Article 4: Definition of a Member
For purposes of these Terms, a “Member” means a person who, after accepting all provisions of these Terms, applies for membership, creates an account in accordance with the procedures prescribed by the Company, and is approved by the Company.
Article 5: Membership Registration
1. A person wishing to register as a Member (an “Applicant”) shall apply for membership in accordance with the procedures specified by the Company on the Site. Membership registration is free of charge.
2. The registration procedure is complete when the Company approves the application described in the preceding paragraph. However, the Company may decline an application or revoke its approval after registration if any of the following applies:
• It is discovered that the Applicant was previously subject to cancellation of membership or another measure for violating terms governing services provided by the Company, including but not limited to these Terms.
• The Applicant’s submission contains false information.
• It is discovered that, without legitimate reason, the Applicant previously delayed payment of fees or other obligations, remained unable to receive products for an extended period, refused a return or exchange, otherwise failed to perform an obligation, or interfered with business operations in connection with any service provided by the Company.
• It is discovered that the Applicant previously engaged in conduct prohibited by Article 17 of these Terms.
• The Company otherwise determines that approving the registration would be inappropriate or disadvantageous to the operation or management of the Services.
Article 6: Changes to Registered Information
1. If any registered information changes in whole or in part, a Member shall promptly update the information using the method separately specified by the Company. If the Member fails to do so, the Company’s performance of its operations based on the information already registered will be deemed proper and effective.
2. The Company assumes no liability for any loss or damage, including failure or delay in delivery or failure of email delivery, arising from a User’s failure to update registered information in a timely manner.
Article 7: Suspension of the Services and Cancellation of Membership
If a Member falls under any of the circumstances below, the Company may, without prior notice, suspend that Member’s use of the Services, cancel the membership, or take any other measure the Company considers appropriate. The Company is not obligated to disclose the reason for taking such action. Even if use is suspended or membership is cancelled, the former Member remains responsible under these Terms for payment obligations and other liabilities already arising from use of the Services.
• The Member falls under any item of Article 5 of these Terms.
• It is discovered that the Member previously engaged in conduct prohibited by Article 17 of these Terms.
• The Member otherwise violates any terms or rules established by the Company.
Article 8: Withdrawal
A Member may withdraw from membership and delete the account at any time by completing the procedures prescribed by the Company. The Member will lose membership status when the Company receives the withdrawal request.
Article 9: Management of User IDs and Passwords
1. A Member is responsible for strictly managing and safeguarding the user ID and password set by the Member during membership registration or otherwise (collectively, “Registration Credentials”). The Member is responsible for any loss or damage caused by inadequate management, operational error, unauthorized use by a third party, or similar circumstances, and the Company assumes no liability.
2. Unless the Company has given prior consent, a Member must not transfer, sell, succeed to, lend, disclose, leak, or otherwise make Registration Credentials available to any third party.
3. If a Member discovers that Registration Credentials have been or may have been used improperly by a third party, the Member shall contact the Company immediately.
Article 10: Handling of Personal Information
Personal information collected on the Site will be handled in accordance with the Privacy Policy.
Chapter 3: Purchase of Products
Article 12: Purchase of Products
1. A Member wishing to purchase a product or other item shall use the Services and make the purchase in accordance with the method separately specified by the Company. Payment methods are governed by the Legal Notice under the Act on Specified Commercial Transactions.
2. After reviewing the delivery destination, order details, and other information entered or registered by the Member, the Member clicks the button indicating an intention to place the order. A sales contract for the applicable product or other item is formed between the Member and the Company when the Company subsequently sends the Member an email confirming and accepting the order, or when the order is recorded in the Shopify administrative data used by the Services.
3. Notwithstanding the preceding paragraph, if fraudulent or inappropriate conduct occurs in connection with use of the Services, including repeated returns, a request to exchange a product after damaging it, or customer harassment, the Company may cancel or terminate the sales contract or take other appropriate action.
4. After a sales contract is formed, the Company will arrange delivery of the product or other item in accordance with the order details. Delivery through the Services is limited to destinations to which delivery is available. The Member acknowledges in advance that delivery may be delayed depending on the destination and shipping conditions.
Article 13: Payment Methods
1. When a User selects a particular payment method and makes payment, the terms separately agreed between the Member and the credit-card issuer, payment company, or payment-service provider (collectively, a “Payment Provider”) will apply. Any dispute between a Member and a Payment Provider shall be resolved responsibly between the Member and that Payment Provider.
2. Details are governed by the Company’s Legal Notice under the Act on Specified Commercial Transactions.
Article 14: Returns and Exchanges of Products and Order Cancellations
Returns and exchanges are governed by the Returns and Exchanges Policy for the Services.
Chapter 4: Disclaimers and Prohibited Conduct
Article 15: Intellectual Property Rights
1. All intellectual property rights in Content provided through the Services, as defined in Chapter 2, belong exclusively to the Company.
2. If unauthorized reproduction, republication, secondary use, or any other conduct prohibited by Japanese or foreign copyright laws or other applicable laws is discovered in relation to Content provided through the Services, the Company will take legal action immediately.
3. If a violation of this Article results in a dispute with a third party, the User shall resolve the dispute at the User’s own responsibility and expense and shall not cause the Company any loss, damage, or disadvantage.
Article 16: Disclaimers
1. Except as otherwise provided in the preceding Article, the Company makes no warranty and assumes no liability, including liability for damages, in connection with the quality, materials, labeling, function, performance, compatibility with other products, or other defects of the Services or products sold through the Services, or any resulting loss, damage, or disadvantage.
2. In the event of an issue caused by an unknown or incorrect delivery destination or similar circumstance, the Company will be deemed to have fulfilled and be released from its delivery obligation by delivering or otherwise sending the product or other item to the destination specified when the product was purchased.
3. If the Services provide a link to another website or resource, or if a third-party website or resource links to the Services, the Company assumes no liability for the content or use of the linked destination or the results of such use, including but not limited to its legality, validity, accuracy, reliability, security, currency, or completeness. If the Company reasonably determines that a linked website or resource is illegal or inappropriate for the management or operation of the Services, the Company may remove the link without notifying Members.
4. The Company assumes no liability for any direct or indirect loss, damage, or disadvantage incurred by a Member if the Services are temporarily suspended, discontinued, or changed in any of the following circumstances:
• Social disruption caused by fire, flood, lightning, heavy snow, earthquake and related tsunami or other disaster, typhoon, or another natural disaster, or by war, terrorism, riot, or other social conditions.
• The Company is unable to obtain appropriate services from a contracted telephone company, telecommunications company, carrier, or internet service provider.
• A circumstance arises that the Company is technically unable to address.
• The Company is performing maintenance on the Services.
5. The Company will be deemed to have fulfilled and be released from its obligations by processing matters in accordance with the Member’s registered information.
6. If a Member causes loss or damage to another User or a third party through use of the Services, that Member shall resolve the matter at the Member’s own responsibility and expense and shall not cause the Company any loss, damage, or disadvantage.
7. The Company assumes no liability for any loss or damage arising from use of the Services, including the Company’s provision of information in connection with such use, including emotional distress or any other financial loss or disadvantage.
8. The Company assumes no liability if, despite having taken reasonable security measures, unauthorized access to data relating to the Services, introduction of a computer virus, or other improper conduct occurs and causes loss or damage to a Member.
9. Even if the Company is liable, unless the Company acted intentionally or with gross negligence, its liability is limited to direct and ordinary damages.
Article 17: Prohibited Conduct
Users must not engage in any of the following conduct. If a violation causes loss or damage to the Company or a third party, the User responsible for the violation shall compensate all such loss or damage.
• Conduct that causes or may cause annoyance, disadvantage, or loss to another User, a third party, or the Company.
• Conduct that infringes or may infringe the copyright or other intellectual property rights, portrait rights, personal rights, privacy rights, or other rights of another User, a third party, or the Company.
• Use of the Services for commercial purposes, except where approved in advance by the Company.
• Conduct contrary to public order and morals, conduct that violates applicable laws, or conduct that may do so.
• Registration of information containing false or misleading content.
• Use by a User of Content obtained through the Services beyond the scope of private use.
• Reproduction, publication, distribution, disclosure, sale, or similar use, whether through a third party or otherwise, of Content obtained through the Services.
• Collection, accumulation, or storage of another User’s personal information.
• Uploading to the Services or sending by email or other means any computer virus, program, or other content designed to interfere with, damage, or limit the functionality of computer software, hardware, or telecommunications equipment.
• Conduct that interferes with business operations, such as excessive returns or refusal to accept delivery.
• Conduct that violates Article 15.
• Any other conduct undertaken for the purpose of damaging or undermining the Company’s credibility, or which the Company reasonably determines to be inappropriate.
Chapter 5: Operation of the Services
Article 18: Maintenance of the Services
To maintain the Services in good operating condition, the Company may temporarily suspend or discontinue all or part of the Services without prior notice to Users in any of the following circumstances:
1. Routine or emergency maintenance of systems or software used to provide the Services.
2. Operation becomes difficult due to fire, flood, lightning, heavy snow, earthquake and related tsunami or other disaster, typhoon, or another natural disaster, or due to war, terrorism, riot, or other social conditions.
3. Operation of the systems becomes difficult due to a system failure, unauthorized access by a third party, infection by a computer virus, or similar circumstances.
4. An administrative or judicial authority requests suspension or discontinuation of the Services on reasonable grounds.
5. The Company otherwise determines that suspension or discontinuation is unavoidably necessary.
Article 19: Changes to the Services
The Company may change or discontinue the Services without obtaining Users’ consent. The Company assumes no liability to Users even if it changes or discontinues the Services.
Article 20: Miscellaneous
1. Except where approved in advance by the Company, a User must not transfer to a third party or pledge as security the User’s status in relation to the Services or any rights or obligations arising from that status.
2. If an issue relating to use of the Services cannot be resolved under these Terms or through the Company’s guidance or response, the Company and the User shall discuss the matter in good faith and seek a resolution.
3. If litigation becomes necessary in connection with use of the Services, the Tokyo District Court will have exclusive agreed jurisdiction as the court of first instance.
These Terms apply to all Users from December 20, 2021.
