Cohana Online Store Service Terms and Conditions
These Terms of Service (hereinafter referred to as "these Terms") establish the conditions of use for the online store (hereinafter referred to as "the Service") provided by KAWAGUCHI 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)
1. These Terms shall apply to all relationships between Users and the Company regarding the use of the Service.
2. The Company may establish various rules concerning the Service, in addition to these Terms, including rules for use (hereinafter referred to as "Individual Regulations"). These Individual Regulations shall constitute a part of these Terms regardless of their name.
3. In the event that the provisions of these Terms conflict with the provisions of the Individual Regulations mentioned in the preceding paragraph, unless otherwise specified in the Individual Regulations, the provisions of the Individual Regulations shall prevail.
Article 2 (Registration)
1. For this Service, registration is completed when a prospective registrant applies for registration by the method prescribed by the Company upon agreeing to these Terms, and the Company notifies the prospective registrant of its approval.
2. The Company may not approve a registration application if it determines that the applicant falls under any of the following circumstances, and shall not be obligated to disclose any reasons:
- When false information has been submitted in the registration application
- When the application is from a person who has previously violated these Terms
- In other cases where the Company deems the registration inappropriate
Article 3 (Management of User ID and Password)
1. Users shall manage their Service user ID and password at their own responsibility. Users may not, under any circumstances, transfer or lend their user ID and password to third parties, or share them with third parties.
2. The Company shall consider any login with a combination of user ID and password that matches the registered information as use by the User who registered that user ID.
3. The Company shall not be liable for any damages caused by the use of a user ID and password by a third party, except in cases of willful misconduct or gross negligence on the part of the Company.
Article 4 (Sales Contract)
1. In this Service, a sales contract shall be established when a User submits a purchase application to the Company and the Company notifies the User of its acceptance of said application. The ownership of the product shall transfer to the User when the Company delivers the product to the shipping carrier.
2. The Company may terminate the sales contract mentioned in the preceding paragraph without prior notice to the User if the User falls under any of the following circumstances:
- When the User violates these Terms
- When product delivery cannot be completed due to an unknown delivery address or prolonged absence
- In other cases where the Company determines that the trust relationship between the Company and the User has been damaged Payment methods, shipping methods, order cancellation procedures, or return procedures related to the Service shall be in accordance with methods separately established by the Company.
3. The method of payment, delivery, cancellation of purchase orders, or return of products related to the Service shall be determined separately by the Company.
Article 5 (Intellectual Property Rights)
The copyright or other intellectual property rights to product photos and other content provided through this Service (hereinafter referred to as "Content") belong to the Company and legitimate rights holders such as content providers. Users may not reproduce, repost, modify, or otherwise make secondary use of these without permission.
Article 6 (Prohibited Actions)
Users shall not engage in the following actions when using this Service:
- Actions that violate laws or public order and morals
- Actions related to criminal activities
- Actions that infringe on copyrights, trademarks, or other intellectual property rights included in the Service
- Actions that destroy or interfere with the functions of the Company's servers or networks
- Commercial use of information obtained through the Service
- Actions that may interfere with the operation of the Company's services
- Unauthorized access or attempts at unauthorized access
- Collection or accumulation of personal information about other users
- Impersonation of other users
- Actions that directly or indirectly provide benefits to anti-social forces in connection with the Company's services
- Any other actions that the Company deems inappropriate
Article 7 (Suspension of Service)
1. The Company may suspend or interrupt the provision of all or part of the Service without prior notice to the User if it determines that any of the following circumstances exist:
- When performing maintenance, inspection, or updates of computer systems 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 are stopped due to accidents
- In other cases where the Company determines that the provision of the Service is difficult The Company shall not be liable for any disadvantages or damages suffered by Users or third parties due to the suspension or interruption of the Service, regardless of the reason.
2. We are not responsible for any disadvantage or damage incurred by users or third parties as a result of suspension or interruption of the provision of the Service, regardless of the reason.
Article 8 (Usage Restrictions and Registration Deletion)
The Company may restrict the use of all or part of the Service or delete the registration as a User without prior notice to the User in any of the following cases:
- When any provision of these Terms is violated
- When it is discovered that there are false facts in the registration information
- When the credit card submitted by the User as a payment method is suspended
- When there is a failure to fulfill payment obligations for fees, etc.
- When there is no response to communication from the Company for a certain period
- When there has been no use of the Service for a certain period after the last use
- In other cases where the Company determines that the use of the Service is inappropriate The Company shall not be liable for any damages incurred by Users due to actions taken by the Company under this Article.
2. The Company has no responsibility for any damages incurred by the user as a result of actions taken by the Company in accordance with this article.
Article 9 (Cancellation of Membership)
Users may cancel their membership from this Service through the prescribed cancellation procedure.
Article 10 (Disclaimer of Warranty and Limitation of Liability)
1. The Company does not guarantee that there are no defects in fact or law in the Service (including defects related to safety, reliability, accuracy, completeness, validity, suitability for a specific purpose, security, as well as errors, bugs, infringement of rights, etc.).
2. The Company shall not be liable for any damages caused to Users by this Service. However, if the contract between the Company and the User regarding this Service (including these Terms) constitutes a consumer contract as defined by the Consumer Contract Act, this disclaimer provision shall not apply. Even in such cases, the Company shall not be liable for any damages arising from special circumstances (including cases where the Company or the User foresaw or could have foreseen the occurrence of damage) among damages caused to Users due to breach of contract or tort by the Company's negligence (excluding gross negligence).
3. The Company shall not be liable for any transactions, communications, or disputes that occur between Users and other Users or third parties in relation to this Service.
Article 11 (Changes to Service Content)
The Company may change the content of the Service or discontinue the provision of the Service without notifying Users, and shall not be liable for any damages caused to Users as a result.
Article 12 (Changes to Terms of Service)
The Company may change these Terms at any time without notifying Users when it deems necessary. If a User begins using the Service after changes to these Terms, such User shall be deemed to have agreed to the changed Terms.
Article 13 (Handling of Personal Information)
The Company shall appropriately handle personal information obtained through the use of this Service in accordance with the Company's "Privacy Policy."
Article 14 (Notifications or Communications)
Notifications or communications between Users and the Company shall be conducted by methods determined by the Company. The Company shall consider the currently registered contact information valid and send notifications or communications to said contact unless the User submits a notice of change in accordance with the format separately specified by the Company. These notifications or communications shall be deemed to have reached the User at the time of transmission.
Article 15 (Prohibition of Transfer of Rights and Obligations)
Users may not transfer their contractual position or rights or obligations under these Terms to third parties, or provide them as security, without the prior written consent of the Company.
Article 16 (Governing Law and Jurisdiction)
1. Japanese law shall be the governing law for the interpretation of these Terms. The United Nations Convention on Contracts for the International Sale of Goods shall be excluded from application to this Service.
2. In the event of a dispute related to this Service, the court having jurisdiction over the location of the Company's head office shall be the exclusive agreed court of jurisdiction.
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