Terms of service

 

 

These Terms of Use (hereinafter referred to as “these Terms”) set forth the terms and conditions for using the online store (hereinafter referred to as “the Service”) provided by fuai (hereinafter referred to as “the Company”) on this website. All registered users (hereinafter referred to as “Users”) must 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. In addition to these Terms, the Company may establish various rules and regulations (hereinafter referred to as “Individual Provisions”) regarding the use of the Service. Regardless of their name, these Individual Provisions shall constitute a part of these Terms of Service.
  3. In the event that a provision of these Terms of Service conflicts with a provision of the Individual Provisions referred to in the preceding paragraph, the provision of the Individual Provisions shall take precedence, unless otherwise specified in the Individual Provisions.

 

Article 2 (User Registration)

  1. For this Service, user registration shall be completed when a prospective registrant agrees to these Terms of Service, applies for user registration via the method specified by the Company, and the Company notifies the prospective registrant of its approval.
  2. The Company may refuse to approve an application for user registration if it determines that any of the following grounds apply to the applicant, and the Company shall bear no obligation to disclose the reasons for such refusal.
    1. If false information is provided in the user registration application
    2. If the application is submitted by a person who has previously violated these Terms of Service
    3. In any other case where the Company determines that user registration is inappropriate

 

Article 3 (Management of User ID and Password)

  1. Users shall manage their User IDs and passwords for this Service at their own risk.
  2. Under no circumstances may users transfer, lend, or share their User IDs and passwords with third parties. If a login is made using a combination of User ID and password that matches the registered information, the Company shall deem such use to be by the user registered under that User ID.
  3. The Company shall not be liable for any damages arising from the use of a User ID and password by a third party, except in cases where the Company has acted with intent or gross negligence.

 


Article 4 (Sales Contract)

  1. Under this Service, a sales contract shall be formed when a User submits a purchase request to the Company and the Company notifies the User of its acceptance of said request. Furthermore, 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 described in the preceding paragraph without prior notice to the user if the user falls under any of the following circumstances:
    1. If the user violates these Terms of Service
    2. If delivery of the product cannot be completed due to an unknown delivery address or prolonged absence
    3. If the Company determines that the relationship of trust between the Company and the user has otherwise been compromised
  3. Payment methods, shipping methods, procedures for canceling purchase orders, and return procedures related to this Service shall be governed by the methods separately established by the Company.

 

Article 5 (Intellectual Property Rights)

The copyrights and other intellectual property rights to product photographs and other content (hereinafter referred to as “Content”) provided through this Service belong to the Company and legitimate rights holders, such as content providers; Users may not reproduce, reprint, modify, or otherwise make secondary use of such Content without permission.

 

Article 6 (Prohibited Acts)

Users shall not engage in the following acts when using this Service.

  1. Acts that violate laws, regulations, or public order and morals
  2. Acts related to criminal activities
  3. Acts that infringe upon copyrights, trademark rights, or other intellectual property rights contained in this Service
  4. Acts that destroy or interfere with the functionality of the Company’s servers or networks
  5. Acts involving the commercial use of information obtained through this Service
  6. Acts that may interfere with the operation of the Company’s services
  7. Acts of unauthorized access or attempts thereof
  8. Acts of collecting or accumulating personal information, etc., regarding other users
  9. Acts of impersonating other users
  10. Acts of directly or indirectly providing benefits to antisocial forces in connection with our services
  11. Any other acts that we deem inappropriate

 

Article 7 (Suspension, etc., of the Service)

  1. The Company may suspend or interrupt the provision of all or part of the Service without prior notice to Users if it determines that any of the following circumstances exist.
    1. When performing maintenance, inspection, or updates on the computer systems related to the Service
    2. When the provision of the Service becomes difficult due to force majeure, such as earthquakes, lightning strikes, fires, power outages, or natural disasters
    3. When computers or communication lines, etc., are shut down due to an accident
    4. In any other case where the Company determines that the provision of the Service is difficult
  2. The Company shall not be liable for any disadvantage or damage suffered by a User or a third party as a result of the suspension or interruption of the Service, regardless of the reason.

 


Article 8 (Restriction of Use and Cancellation of Registration)

  1. The Company may, without prior notice, restrict a user’s use of all or part of this Service or cancel the user’s registration if any of the following applies:
    1. In the event of a violation of any provision of these Terms of Service
    2. In the event it is determined that any information provided upon registration is false
    3. In the event that the credit card registered by the user as a payment method is suspended
    4. In the event of default on payment obligations, such as fees
    5. In the event there is no response to communication from the Company for a certain period of time
    6. If there has been no use of the Service for a certain period following the last use
    7. In any other case where the Company determines that the use of the Service is inappropriate
  2. The Company shall not be liable for any damages incurred by the user as a result of actions taken by the Company pursuant to this Article.

 


Article 9 (Withdrawal from Membership)

Users may withdraw from this Service by following the prescribed withdrawal procedures.

 


Article 10 (Disclaimer of Warranties and Limitation of Liability)

  1. The Company does not warrant that the Service is free from any factual or legal defects (including defects regarding safety, reliability, accuracy, completeness, validity, fitness for a particular purpose, security, etc., as well as errors, bugs, and infringements of rights).
  2. 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 of Service) constitutes a “consumer contract” as defined by the Consumer Contract Act, this disclaimer of liability shall not apply; however, even in such cases, we shall not be liable for any damages incurred by the user due to our breach of contract or tort arising from our negligence (excluding gross negligence), including damages arising from special circumstances (even if we or the user foresaw or could have foreseen the occurrence of such damages).
  3. We assume no liability whatsoever for any transactions, communications, disputes, or other matters arising between a User and other Users or third parties in connection with this Service.

 


h3>Article 11 (Changes to Service Content, etc.)

The Company may change the content of the Service or suspend the provision of the Service without notifying Users, and shall not be liable for any damages incurred by Users as a result.

 

Article 12 (Amendments to the Terms of Use)

The Company may amend these Terms of Use at any time without notice to users if it deems it necessary. Furthermore, if a user begins using the Service after such an amendment, that user shall be deemed to have agreed to the amended Terms of Use.

 


Article 13 (Handling of Personal Information)

The Company shall handle personal information obtained through the use of this Service appropriately in accordance with the Company’s “Privacy Policy.”

 


Article 14 (Notices and Communications)

Notices and communications between the User and the Company shall be made in the manner specified by the Company. Unless the User submits a notice of change in accordance with the method separately specified by the Company, the Company shall deem the currently registered contact information to be valid and shall send notices or communications to that contact information; such notices and communications shall be deemed to have reached the User at the time they are sent.


Article 15 (Prohibition on Assignment of Rights and Obligations)

Users may not assign their status under the User Agreement or any rights or obligations under these Terms to a third party, nor may they offer them as collateral, without the Company’s prior written consent.

 


Article 16 (Governing Law and Jurisdiction)

  1. These Terms shall be governed by and construed in accordance with the laws of Japan. Furthermore, the application of the United Nations Convention on Contracts for the International Sale of Goods to this Service is hereby excluded.
  2. In the event of any dispute arising in connection with this Service, the courts having jurisdiction over the location of our head office shall have exclusive agreed jurisdiction.