Terms of Service

Article 1. The scope of application and modification of the terms of use

  • 1.AMUSE Inc. (hereinafter, referred to as “we” or the like) set terms of use (hereinafter, referred to as “the terms of use”) for smoothly operating our online shop “A!SMART” as below.
  • 2.Provisions (hereinafter, referred to as “the provisions”) such as the user’s guide, help, and FAQs that we constantly provide to users on this website shall constitute part of the terms of use.
  • 3.If there is any difference between the terms of use and the provisions, the provisions shall apply on a preferential basis.

Article 2. Modification and acceptance of the terms of use

We shall be able to make additions, deletions, or modifications of the terms of use without previous notice to users.

Article 3. Use of the service

  • 1.Users shall use the service in accordance with the terms of use and other our prescribed conditions.
  • 2.Users shall undertake the full responsibility for information that users transmit through the service and shall not cause us any trouble or cause any damage to us.
  • 3.Underage users shall gain parental approval for the use of the service.
  • 4.We do not guarantee that the website content will be compatible with all user environments to properly operate.
  • 5.Users shall access the website on a voluntary basis and shall undertake responsibility regarding the use of the website.

Article 4. Users

”Users” in the terms of use refer to those who browse the website, purchase an item on the website, or use the service. Use of the service by a user is regarded as being based on the user’s consent to the terms of use.

Article 5. Password

  • 1.Members shall undertake the full responsibility for the management and use of passwords registered with the website.
  • 2.Acts such as the assignment, buying and selling, and lending of a password are strictly prohibited.
  • 3.We shall not undertake any responsibility for damage caused by a member’s misuse of the password or a third party’s use of a password. We shall regard intention indicated to us by use of a password as effective indication of intention of the member corresponding to the password.

Article 6. Member registration information

  • 1.Member registration information shall be owned by us. In principle, we shall not provide personally identifiable information (name, address, phone number, and email address) to outsiders except for the provision thereof to outsourcing contractors within the scope necessary for the provision of the service and except for the provision thereof with a member’s consent.
  • 2.Notwithstanding the provision of the previous section, we may disclose part of member registration information (name and address) without a member’s consent in any of the following cases.
    • (1)When we disclose member registration information to the police or authorities concerned in a case where we consider that we, a member, or a third party may suffer disadvantage.
    • (2)When the police, court, public prosecutors office, bar association, consumer affairs bureau, or an organization with authority comparable to their authority requests us to disclose member registration information and we decide to do so.
    • (3)When we consider that we should disclose member registration information.
  • 3.We shall not allow any false entry in all registration information items that an applicant provides when becoming a member.
  • 4.If there is any change in member registration information, the member shall promptly follow a prescribed procedure.

Article 7. Establishment of a purchasing contract

A purchasing contract between a user and us shall be established at the point of each of the following items.

  • 1.At the point when we receive order information from a user. Note that if order information does not reach us due to system trouble, the order shall not be effective and we shall not undertake responsibility for the member’s damage due to the undelivered order.
  • 2.Underage users shall be sure to gain approval from a parent(s) or a person with parental authority to order an item.
  • 3.After the establishment of a purchasing contract, we shall be able to charge the user for payment based on the purchasing contract established between the user and us (hereinafter, simply referred to as “payment”) by a settlement method stipulated in Section 1 of Article 9 that is designated by the user at the point of order.

Article 8. Cancelation of a contract

We shall be able to cancel a purchasing contract even after the establishment thereof for the following reasons. In this case, we shall notify the user of it.

  • 1.When an item cannot be delivered to the purchaser due to the unknown address or long absence.
  • 2.When we find a false fact in a user’s personal information.
  • 3.When a user does not make payment within a specified period.
  • 4.When a credit card company does not accept a user’s credit card payment in a case where the user selects credit card payment.
  • 5.When a user does not provide a necessary reply within two weeks to our notice (to the user’s registered email address or another contact) about conditions of item purchase (payment, delivery, and other conditions).
  • 6.When a manufacturer or a product source stops handling an item or it is impossible to supply an item.
  • 7.When it is impossible to deliver an item to a user not due to a reason attributable to us. 2.Notwithstanding the provision of the previous section if there is a fraudulent or improper act regarding the use of the service, we shall be able to cancel or dissolve the purchasing contract or take appropriate measures.

Article 9. Payment method

  • 1.When purchasing an item, a user shall be able to select credit card payment or Paypal payment.
  • 2.We shall be able to add or eliminate a/the payment method(s) stipulated in the previous section.
  • 3.When a user’s designated credit card company notifies us of credit card payment failure, we shall be able to charge the user for payment by another payment method.

Article 10. Item shipping

  • 1.We shall ship an item to a user or the user’s designated shipping address via parcel delivery service or the like by our designated courier.
  • 2.In the case of credit card payment, we shall ship an item after the credit card company’s authorization.
  • 3.When a correct shipping address is unknown or a user does not receive an item within the aforementioned specified period although the courier stipulated in Section 1 of Article 10 delivered the item to the users’ designated address, we shall consider that we executed the item delivery obligation under the purchasing contract and non-performance of the main obligation to the user shall be exempted. In this case, it shall be only necessary for us to store the item in accordance with the same duty of care as that for our own property. Additional costs for storing the item shall be borne by the user.
  • 4.When a user does not receive an item beyond a significant period, we shall be able to dissolve the purchasing contract under Article 9 the terms of use to charge the user for caused damage.
  • 5.When a user is absent on a delivery date, the user shall contact the courier to arrange redelivery.
  • 6.When a user is absent on a delivery date, the user shall contact the courier to arrange redelivery.
  • 7.We normally ship an item within 10 days after confirming payment.
  • 8.We may extend the aforementioned delivery time due to any of the following reasons.
    • (1)When an item is temporarily out-of-stock
    • (2)When there is any fault (missing necessary information, clerical error, fee shortage and overage, or the like) in an order
    • (3)An undeliverable period due to force majeure such as weather
    • (4)When there is delivery delay due to a courier’s circumstances after shipment
    • (5)When year-end and New Year holidays or a long vacation lies therebetween
  • 9.The ownership of an item shall be transferred from us to a user upon his/her receipt. In the case of credit card payment, this shall depend on conditions concluded between a user and a credit card company.
  • 10.We shall not undertake any responsibility for a user’s direct and indirect damage due to delivery delay.

Article 11. Replacement of items

  • 1.With regard to any orders, users shall not be able to switch to another item after the establishment of a purchasing contract, change specifications, cancel an order beyond a cancelable period, or return or replace an item due to users’ reasons.
  • 2.Upon receipt of an item, users shall promptly check for the damage, defect, or wrong item shipped. If a user finds any of these, the user shall contact us within 14 days after receipt. If it should be attributed to us, we shall replace the item with a new one without charge. The user shall keep the item in the package as originally delivered.
  • 3.In the case of the previous section, the user shall email the department in charge displayed on our webpage to notify us of the problem and shall return the item on a C.O.D. basis to our designated address within 14 days after receipt.
  • 4.We shall not replace items or accept returned items in cases of items with damage or a defect caused by a user, used items, or cancellation due to a user’s reason.

Article 12. Suspension of the service

In any of the following cases, we shall be able to alter, add, suspend, or terminate the service without advance notice to users and without users’ consent. Besides, we shall not undertake responsibility for users’ damage due to the alternation, addition, suspension or termination of the service.

  • 1.When necessary for regular system maintenance or urgent system maintenance
  • 2.When we have difficulty in system operation due to a fire, a power failure, or a third party’s obstructive behavior
  • 3.When we cannot provide the service due to acts of providence
  • 4.When we find necessity

Article 13. Handling of personal information

We shall handle users’ personal information in accordance with a “Privacy Policy” that we set separately. Besides, we shall be able to take measures such as deletion of a customer ID in order to properly operate our service.

Article 14. Copyright,etc.

Without a right holder’s consent, users shall not be able to use or disclose any information such as copyrighted works provided by us beyond the scope of individual private use stipulated in the Copyright Act. If there arises any problem regarding intellectual property rights such as the copyright as a result of violation of the present article, the user shall resolve the problem at his/her own expense and on his/her own responsibility and shall not cause us any trouble or cause any damage to us.

Article 15. Prohibited matters

Users shall not perform the following acts.

  • 1.Criminal acts, acts offensive to public order and morals, and other illegal acts or acts that may violate laws.
  • 2.Acts that obstruct our operation or activities or acts that may do so.
  • 3.Acts that impair our or a third party’s trust, acts that cause trouble, disadvantage, or damage or acts that may do so.
  • 4.An act of fraudulently using a third party’s personal information or false information to use the service.
  • 5.Acts that violate the terms of use or the terms and conditions of membership or acts that may do so.
  • 6.Other acts that we consider improper.

Article 16. Disclaimers

  • 1.We shall be able to freely alter, delete, or add a website structure, content, a webpage, or other elements of the online shop. We shall not be obliged to discard these editing operations in response to a user’s request. The same holds entirely for our EC system such as the programs and the database.
  • 2.For whatever reason, we shall not undertake any responsibility for damage to members or a third party due to delay or suspension of the service on the website.
  • 3.If a user causes damage to another user or a third party by using the service, the user shall resolve the problem on his/her own responsibility and at his/her own expense and shall not cause us any trouble or cause any damage to us.
  • 4.We shall not undertake any responsibility for damage, loss, or disadvantage due to the use of the service in any circumstances regardless of legal grounds for petition.
  • 5.We shall not undertake any responsibility for disputes regarding fulfillment of obligation in trading such as sale of items between a user and a third party via the website and disputes regarding other types of trading.

Article 17. Agreement jurisdictional court

  • 1.If there arises a problem regarding the use of the service that cannot be resolved in accordance with the terms of use, the user and we shall sincerely have discussion to resolve the problem.
  • 2.If it is necessary to file a suit regarding the use of the service, the Tokyo District Court shall be the exclusive agreement jurisdictional court for the first trial regardless of the amount sued.
  • 3.If a user is obligated to us as a result of the user’s non-payment of trading value or an act violating the terms of use and we engage an attorney to call in the financial obligation, the user shall also bear the attorney’s fees within a reasonable range.

Article 18. Governing laws

The interpretation and application of the terms of use shall be compliant with the laws of Japan.

June 8, 2010 Enforcement
November 20, 2012 Partial revision
March 2, 2015 Partial revision
October 1, 2015 Partial revision

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