Terms & Conditions
Article 1 Scope
These TERMS OF USE regarding use of this shopping website (hereinafter referred to as “SERVICE”) operated by simple joint-stock company EDC (“the COMPANY”) shall be applied to all users of the SERVICE (hereinafter referred to as “USERS”) including members defined by Article 5 and the COMPANY.
Article 2 Modifications to the TERMS OF USE
1 The COMPANY may modify these TERMS OF USE, either in whole or in part, without separate consent from the user, by notifying the user within the SERVICE itself or through a means deemed proper by the COMPANY.
2 Regardless of the previous item, the COMPANY may form a separate agreement with USERS for significant modifications to these TERMS OF USE, at the COMPANY’s discretion.
3 Any modifications made to these TERMS OF USE, either in whole or in part, shall become effective immediately upon COMPANY notification within the SERVICE, unless specified otherwise by the COMPANY.
4 If the TERMS OF USE have been modified in whole or in part, the modified TERMS OF USE shall be applicable to use of the SERVICE and the user shall adhere to only the modified TERMS OF USE, unless specified otherwise by the COMPANY.
Article 3 Use of the SERVICE
1 USERS shall abide by all relevant laws, regulations, standards, notifications, these TERMS OF USE, the individual stipulations indicated in the next article, as well as the Personal Information Protection Policy and the Personal Information Agreement established by the COMPANY.
2 The COMPANY may modify this SERVICE at any time without separate consent from the user. The COMPANY shall not assume any liability whatsoever for any loss of profit or damages incurred by modification to these TERMS OF USE, except in cases of ill-intent or negligence by the COMPANY.
Article 4 Relation to Individual Agreements
1 In addition to these TERMS OF USE, USERS must obey individual stipulations (hereinafter referred to generally as “INDIVIDUAL TERMS”, and referred to collectively with these TERMS OF USE as “VARIOUS TERMS OF USE”) which, past or future, are established for individual services provided within the SERVICE or together with the SERVICE by the COMPANY.
2 The stipulations in INDIVIDUAL TERMS will be preferentially applied over these TERMS OF USE when a stipulation differs between these TERMS OF USE and the INDIVIDUAL TERMS, unless specifically stipulated otherwise in the relevant INDIVIDUAL TERMS.
Article 5 Membership
In these TERMS OF USE, “member” refers to an individual who has applied using the COMPANY’s procedures upon reading, understanding, and agreeing to the entirety of these TERMS OF USE, and whose application has been approved by the COMPANY.
Article 6 Modifying applied and registered Information
1 Members shall modify their application information, by a means determined elsewhere by the COMPANY, as quickly as possible when there has been a change in the name, address, phone number, date of birth, credit card number, credit card expiration date, or other member information registered with the COMPANY.
2 The COMPANY will assume no liability whatsoever for any damages that occur as a result of the user failing to modify their application and registration information properly.
Article 7 Cancellation Procedure
1 Members may cancel their membership with this SERVICE at any time by completing the procedures specified by the COMPANY. Members lose their membership status immediately when the COMPANY receives a request for cancellation from the member.
2 Membership status is an exclusive personal right. The procedures in the previous item shall be considered to be completed for a member when the COMPANY becomes aware of death of the member.
Article 8 Prohibition against Transfer of Membership Status
Members must not transfer, trade, pledge, or place in lien any rights that result from these TERMS OF USE, such as membership status, to a third party.
Article 9 Cancelling Membership Application and Registration
If any of the items below is applicable to a member, the COMPANY may, without any prior notification, halt use of this SERVICE, expunge the membership application and registration, or take other action against the member deemed proper by the COMPANY.
Should the above stipulation be applied, the COMPANY shall not be responsible for any damages incurred by the member or a third party upon removal of the membership status by the COMPANY and halting of the member’s use of this SERVICE.
(1) The member’s membership application and registration had been previously expunged, or had incurred a similar penalty, due to a violation of an agreement for any service provided by the COMPANY in the past
(2) The registered information contains a false representation of facts
(3) The member had previously failed to resolve an obligation for any service provided by the COMPANY without a valid reason, including delayed payment of fees, failure to receive products for a long period of time, refusal to return or exchange products, etc.
(4) The member has taken any action specified in Article 18 “Prohibitions” in these TERMS OF USE
(5) The member has violated a stipulation in any other agreement with the COMPANY (including, but not limited to, these TERMS OF USE)
Article 10 Facilities
Members shall bear the cost burden for preparing all devices, software, communication devices, as well as concluding internet usage agreements and all other preparations for internet connection service, as necessary for utilization of this SERVICE.
Article 11 Responsibilities when Using This SERVICE
1 Members assume liability for all actions and the results of said actions taken while using this SERVICE.
2 Any member whose use of this SERVICE results in damages to another user or non-user third party is responsible for resolving the issue at their own expense, and shall not inflict any damages, loss, or loss of profit on the COMPANY.
Article 12 Copyright and Other Intellectual Property Rights
1 Members cannot use any copyrighted materials or other intellectual property provided through this SERVICE for any purposes other than personal use.
2 If a member publishes a copyrighted work on this SERVICE, the member allows the COMPANY the right to use said copyrighted work at no cost within the SERVICE or for promoting the SERVICE, and the member shall not exercise any of the copyright holder’s personal rights in regards to said use.
Article 13 Halting or Terminating Service
1 During periodic or emergency system maintenance, when the system is under a heavy burden, when the COMPANY determines that there is a hindrance to SERVICE operation, when security measures must be taken for member security, or at any other time deemed necessary by the COMPANYy, the COMPANY may, without notice, take necessary measures, including halting or terminating provision of the SERVICE, in whole or in part.
2 The COMPANY shall assume no liability for any damages that occur as a result of SERVICE halts or stoppages indicated in the previous item.
Article 14 Establishment of Contract, Transfer of Ownership Rights, and Burden of Risks
1 When a member orders a product through this SERVICE, the COMPANY will send an email which contains a confirmation of the order and order content. The order from the member shall be treated as an application for contract to purchase the product, and this application for contract is acknowledged and the contract established once the above email is sent to the member.
2 Upon transfer of the product from the COMPANY to the shipping company, ownership rights and burden of risk regarding the product are transferred to the member. However, if the product is lost before arrival at the specified destination due to ill-intent or negligence of the shipping company, the COMPANY shall assume liability for the loss.
3 Regarding an order of individual products, if there are any special instructions that differ from the stipulation in Item 2 above, the special instructions will be applied in preference to the stipulation above.
Article 15 Handling of Personal Information
Regarding members’ personal information acquired by the COMPANY in relation to use of the SERVICE, the COMPANY shall handle such personal information in accordance with the “Personal Information Agreement” and the “Personal Information Protection Policy” established elsewhere, and the member shall agree to the same.
Article 16 Disclaimer
1 When the SERVICE provides a link to another website or resource, or when a third-party website or resource links to this SERVICE, the COMPANY assumes no liability for the content at the link destination or for the use and result of use of these links (including but not limited to legality, validity, accuracy, definiteness, safety, completeness, and concurrence). Furthermore, the COMPANY may delete the link without any notification to members if the COMPANY reasonably judges the content or resources at the link destination to be illegal or inappropriate for the management or operation of the SERVICE.
2 The COMPANY assumes no liability whatsoever for any damages, loss, or loss of profit incurred directly or indirectly by a member in the event of a temporary halt, termination or change of this SERVICE due to any of the following reasons.
(1) Fire, earthquake, flood, lightning strike, blizzards, and other natural disasters
(2) War, civil unrest, terrorism, riots, commotions, and other cases of societal disruption
(3) Cases in which the COMPANY has not received proper service from a contracted provider, shipping company, or phone company
(4) Situations that the COMPANY cannot resolve due to technical reasons
3 The COMPANY shall be exempted of liability when fulfilling COMPANY obligations by performing business operations in accordance with a member’s registered information.
Article 17 Prohibitions
The user must not perform any of the actions below. If the user performs any of these violations and thereby incurs damage to the COMPANY or a third party, the user shall bear the responsibility for all compensation for said damages.
(1) Any action that causes severe disturbance, loss of profit, or damages to another user, a non-user third party, or the COMPANY, or any action that is likely to do so
(2) Any action that infringes on the intellectual property of another user, a non-user third party, or the COMPANY, such as copyrights, portrait rights, personal rights, privacy rights, publicity rights or other rights, or any action that is likely to do so
(3) Use of the SERVICE for commercial purposes (excluding those approved by the COMPANY in advance)
(4) Any actions that violate public order and morals, or any actions that violate laws or regulations or are likely to do so
(5) Registering information that is deceptive or includes falsehoods
(6) Using content obtained through this SERVICE for purposes other than personal use
(7) Copying, selling, publishing, distributing, or publicizing of content obtained through this SERVICE via another user or third party, or any similar action
(8) Collection, aggregation, or storing of other users’ personal information
(9) Delivering (by email or other means) or uploading to the SERVICE of any computer viruses, computer code, files, programs, or other content that is designed to disrupt, destroy, or limit the functionality of computer software, hardware, or transmission devices
(10) Obtaining multiple membership registrations for the same individual (including multiple registration using a computer, cell phone, and/or smartphone. Excluding those acknowledged by the COMPANY in advance)
(11) Excessively returning products
(12) Other actions deemed improper by the COMPANY, including actions that lead to defamation or loss of trust in the COMPANY
Article 18 Governing Law
Japanese law shall be the applicable law for establishment, validity, execution, and interpretation of these TERMS OF USE.
Article 19 Good Faith Discussion and Court of First Instance
1 If any dispute regarding use of this SERVICE arises and cannot be resolved by these TERMS OF USE or by a response from the COMPANY, the COMPANY and member shall enter into discussions with mutual good faith and work towards a resolution.
2 If the discussion indicated in the previous item does not lead to a resolution and a lawsuit regarding this SERVICE becomes necessary, the Tokyo District Court shall be the court of first instance.
Supplementary provision: These TERMS OF USE shall be applied to all users as of April 25th, 2017.