Terms of service

In this terms of use (this "Terms of Use"), TOMIOKA SHOTEN CO., LTD. (the “Company”) sets out terms and conditions for use of online-shop which the Company provides on its website (the “Service”).

 

Use of the Service and sales of products (the “Products”) which the Company sells user of the Service, including purchaser of the Products through the Service (collectively, the “User”), shall be subject to this Terms of Use.

 

Section 1 Use of Service

 

Article 1 Use of Service

  1. The User is deemed to agree that, by using the Service, it is subject to this Terms of Use and other applicable laws and regulations.
  2. For the purpose of using the Service, the User is prohibited from making the following conducts:
    (1)Conducts which violate or damage any intellectual property rights, publicity, privacy, credit, honor, business or any other rights or benefits of the Company, other users of the Service or any third party;
    (2)Fraud, assault or harassment against the Company, other users of the Service or any third party;
    (3)Conducts which cause loss, disadvantage, damage or discomfort against the Company, other users of the Service or any third party;
    (4)Conducts which get or attempt to get falsely access to network, system or others of the Service;
    (5)Conducts which put an excessive load on network, system or others of the Service
    (6)Conducts which cause damage to network, system or others of the Service by sending spam, chain mail, computer-virus or others;
    (7)Conducts which impersonate any third party or other users of the Service;
    (8)Conducts which, in relation to Service, directly or indirectly provides anti-social forces with any benefit;
    (9)Conducts which are contrary to public order and morality;
    (10)Conducts which are in breach of laws and regulations or are in relation to criminals; or
    (11)Any other conducts which the Company reasonably determines inappropriate.

 

Article 2 Intellectual Property Rights

Any copyright, trademark or other intellectual property rights with regard to logo, design or images in this website belong to the Company or legitimate owners and the User must not violate any intellectual property rights of the Company or such legitimate owners.

 

Article 3 Registration

  1. Registration of use of the Service shall be completed, when the User applies for registration of use in a manner specified by the Company after such User agrees this Terms of Use and the Company gives notice of approval to such User.
  2. The Company may not approve the application for registration of use, when the Company determines that the User falls under any one of the followings and the Company does not bear any obligation to disclose the reason for such non-approval:

(1) when false information is notified upon application for registration of use;

(2) when the person who has ever breached this Terms of Use applied for registration; or

(3) when the Company otherwise determines that approval of such application is not appropriate.

 

Article 4 Control of User ID and Password

  1. The User shall keep and control its user ID and password of the Service on its own responsibility.
  2. In any case, the User must neither transfer or lend its user ID and password to any third party nor share them with any third party. When log-in by combination of user ID and password matches registration information, the Company regards as use by the User who registered such user ID.
  3. The Company does not take any responsibility for any damage incurred for third party’s use of user ID and password, except in case of willful misconduct or gross negligence by the Company.

 

Article 5 Confidentiality

The User is responsible for maintaining the confidentiality of its own account credentials which were registered and provided in order to use the Service and is fully responsible for all activities that occur through the use of such credentials.  Also, the Company is not liable for any loss or damage arising from unauthorized use by any third party of such User’s credentials.

 

Article 6 Treatment of Personal Information

Regarding the personal information which the User provides upon use of the Service and the Company obtains, the Company shall appropriately treat such personal information in accordance with Privacy Policy of the Company.

 

Section 2 Sale and Purchase of Products Through Service

 

Article 7 Purchase of Products

  1. Purchase of the Products by the User shall basically be for personal use.
  2. Please contact the Company if the User would like to re-sell the Products as wholesaler or retailer.

 

Article 8 Price

  1. The price of the Product displayed in the Service includes the consumption tax in Japan, but not for orders received from overseas.
  2. Shipping fees shall otherwise be added. Such shipping fees will be shown at your order page of the Products.
  3. Depending on the importing country, there may be additional tariffs or other charges that may apply and such additional tariffs or other charges shall be borne by the User.
  4. It is also the responsibility of the User to abide by any local applicable laws and regulations with regard to the imported Products.

 

Article 9 Manner of Payment

In Japan, we accepts payment by credit card (VISA, Mastercard, American Express, JCB), Shop pay, Apple Pay, Google Pay, Amazon Pay, convenience store payment (FamilyMart, Lawson, 7-Eleven, Ministop, Daily Yamazaki), Paidy, Pay-easy, PayPay, LINE Pay, Melpay or Paypal. , Ministop, Daily Yamazaki), Paidy, Pay-easy, PayPay, LINE Pay, Melpay or Paypal.

For international payments, we accept Shopify Payments (VISA, Master, AMEX, JCB, Apple Pay, Google Pay), Pay Pal, or Amazon Pay.

 

Article 10 Manner of Delivery

  1. The product will be sent by shipping company in Japan and by EMS internationally.
  2. It has the weight and size limit for one order and those are different depending upon imported countries.
  3. Regarding packaging of the Products, they will be packaged in accordance with guidelines for international export packaging.

 

Article 11 Agreement of Sales and Purchase

  1. The User makes purchase order of the Products through the Service. When the Company confirms such purchase order, it sends confirmation of such order by e-mail to the User. However, the purpose of sending this confirmation e-mail is to notify the User of the Company’s receipt of order information and it does not mean that the Company accepts such purchase order.
  2. Even though the Company sends the confirmation of order by e-mail to the User, the Company may not accept such order due to the following reasons, when:
    (1)the Products are out of stock and the Company does not have plan to restock the inventory;
    (2)the information the User provided to the Company turned out to be inaccurate or false;
    (3)the Company determines that the User violates this Terms of Use; or
    (4)the Company otherwise reasonably determines that it should not accept such order.
  3. Sales and purchase agreement is executed when the Products are shipped from the Company to the User.
  4. Notwithstanding the preceding paragraph, when there is any misconduct or inappropriate conduct by the User with regard to use of the Service or the Company receives contact from credit card company designated by the User that such User is in default or others, the Company may terminate the sales and purchase agreement, suspend its performance or take other appropriate measures.

 

Article 12 Transfer of Ownership

  1. Ownership of the Products transfers from the Company to the User when the Products are shipped from the Company to the User.
  2. After the ownership of the Products has been transferred to the User, the Company is not responsible for any loss, destruction, damage or others to the Products.

 

Article 13 Shipping Period of Products

  1. The Company will basically ship the Products within 3 business days after confirmation of purchase order from the User (the “Shipping Period”).
  2. It may take longer time than the Shipping Period depending upon the inventory of the Products. In such case, the Company will give notice of it to the User by e-mail.
  3. The Products will be delivered to the User in accordance with delivery schedule of transportation company.

 

Article 14 Cancellation of Purchase Order, Return and Replacement.

  1. After the sales and purchase agreement has been executed, the Company does not accept cancellation of the purchase order. Also, the Products can not be returned or replaced.
  2. Notwithstanding the preceding paragraph, the Company shall accept return or replacement of the Products or send additional Products at the expense of the Company, if (i) any Products which are different from the purchase order are sent to the User, (ii) there is any shortage of the Products or (iii) any defect or failure of the Products which is attributable to the Company is found and notified to the Company within 3 days from receipt date of the Products by the User.

 

Article 15 Disclaimers with Regard to Sales and Purchase of Products

  1. Unless otherwise expressly provided for in this Terms of Use, the Company does not provide any compensation, replacement or others for any defect or failure of the Products.
  2. Even though the Products may be illegal or have no license in the country of the User, the Company is not responsible for any legal issues outside Japan. 
  3. The Company is not responsible for delay or impossibility of delivery of the Products due to delay of transportation means or force majeure such as acts of god, storm or epidemic.

 

Section 3 Others

 

Article 16 Other Disclaimers

１．The Company is not responsible for any losses or damages caused by using the Service.

２．The Company may amend design and contents of the Service without notice.

３．The Service may be temporarily disabled or limited for use due to maintenance or other causes, but the Company does not take responsibility for any damage or loss which the User incurs for it.

４．Although the Company uses photography of the actual Products in the Service, tone or hue of its color may differ from the actual Products.

５．The Company is not responsible for any viruses sent by the Service or the server of the Service.

６．Any e-mail sent from the Company or User may have corrupted characters, but the Company is not responsible for any problems caused by such corrupted characters.

７．The Company is not responsible for any problems with the system, delay of delivery, cancellation or loss of data due to illegal or unauthorized access to the system or the Service. 

 

Article 17 No Transfer of Rights and Obligations

The User shall not transfer, succeed or furnish as security contractual status of this Terms of Use or its rights or obligations accruing hereunder without prior written consent from the Company.

 

Article 18 Amendment of Terms of Use

The Company may amend this Terms of Use as needed and amended Terms of Use shall be effective at the time when it is posted on this website. Additionally, when the User starts using the Service after amendment of this Terms of Use, such User shall be deemed to agree the amended Terms of Use.

 

Article 19 Governing Laws

This Terms of Use shall be governed by and construed in accordance with the laws of Japan.


This Terms of Use was executed as of February 22, 2023.