The Company may revise any provision of the Terms without prior notice to Users. Unless otherwise provided for by the Company, the revised Terms shall become effective when displayed on the Website. Users who make use of the Services after revision of the Terms becomes effective shall be deemed to have accepted the provisions of the revised Terms.
For the purpose of the Terms, the term “Users” shall refer to individuals who view the Website, purchase goods displayed on the Website, and otherwise use the Services (including Members as defined in Article 5). When commencing use of the Services, Users shall be deemed to have agreed to all of the provisions of the Terms.
- 1.For the purpose of these Terms, the word “Members” shall refer to individuals who agree to the Terms and apply for membership registration through the procedures established by the Company, and whose application is approved by the Company. Users may purchase goods on the Website through the Services only after they become Members. Membership registration shall be free of charge.
- 2.Members shall be responsible for managing and using their own ID, and the password that they have registered with the Website. Login requires entry of the ID and the password. The Company shall assume no responsibility for Members' management or use of their ID and password. Any intention indicated to the Company with the use of the registered ID and password shall be deemed to be an intention indicated by the Member who has registered said ID and password as membership registration information.
- 3.The ID and password registered by a Member with the Website may be used only by that Member for the Services, and may not be assigned or lent to any third party. Rights granted to a Member may be used only by that Member, and may not be assigned, lent or offered as collateral to any third party.
- 4. Members shall be prohibited from making any false declaration in any item of membership registration information to be registered with the Company. Members shall, when requested by the Company to submit any documentation for the purpose of confirming their membership registration information, respond to such a request within the period specified by the Company.
- 5.The Company shall not approve an application for membership registration made by a User if it determines that the User falls under any of the following items:
- (1) It becomes apparent that the User has violated any regulations or guidelines established by the Company (including, but not limited to, the Terms) relating to the Services, or other services provided by the Company.
- (2) It becomes apparent that membership registration information provided by the User contains false statements.
- (3)It becomes apparent that the User has delayed in performance of the obligation to pay fees, etc., or failed to perform other obligations relating to the Services or other services provided by the Company.
- (4)It becomes apparent that in the past the User has engaged in any of the acts listed in Article 15 (Prohibited Acts) of the Terms.
- (5)The Company otherwise determines that it is inappropriate for operations and administration of the Services to approve the User's application for membership registration.
- 6. In the event of any change in membership registration information, the relevant Member shall promptly undertake a procedure for modification, as established by the Company. The Company shall assume no responsibility for any damage or disadvantage caused to Members due to their failure to undertake the procedure specified above.
- 7.The Company shall announce necessary information to Members as appropriate in connection with the Services. Such information shall be deemed to have been announced to all the Members when it is displayed on the Website.
- 8.Members may withdraw from membership through the procedure established by the Company. A Member shall lose their status as a Member when the Company accepts their application for withdrawal.
Article 6 (Establishment of Sales and Purchase Agreements)
- 1.A sales and purchase agreement between a Member and the Company within the Services shall be established when the Company receives order information from the Member through the Website, and completion of the order is displayed on the Website. After the sales and purchase agreement is established, the Company shall notify the Member of details of the order via an order confirmation email, separately from said display of the completion of the order.
- 2.If order information transmitted by a Member fails to reach the Company due to a system failure, the offer for purchase shall not be effective, and the Company shall not be responsible for any damage caused to the Member by such ineffectiveness.
- 3. Members who are minors shall order goods only with the consent of an individual who has parental authority.
- 4.After a sales and purchase agreement is established, the Company may charge the Member the agreed price, based on the agreement established between the Member and the Company (the “Price”), in a payment method specified by the Member at the time of the order, as set forth in Article 8, paragraph 1.
- 5.For any inquiry or notification with regard to sales and purchase agreements in the Services, the following office shall be contacted.
A!SMART Sales Office email@example.com
Article 7 (Termination of Agreement by Company)
- 1.Even after a sales and purchase agreement is established, the Company may terminate the agreement by individually notifying the Member who places the order:
- (1)If the ordered product cannot be delivered within the period specified by the Company due to unknown address or absence;
- (2)If any false statement is detected in the membership registration information registered by the Member;
- (3) If the Member fails to pay the Price within the period specified by the Company;
- (4)If the Member selects settlement by credit card, but the credit card company does not approve payment;
- (5)If the Member fails to give a required response to a message from the Company (delivered to the email address, etc., registered by the Member) relating to the conditions for purchase of goods (such as payment of the Price, delivery of the goods, and other conditions) within two weeks;
- (6) If delivery of the ordered goods is rendered impossible by a situation not attributable to the fault of the Company, including discontinuance of production of the goods by the manufacturer or supplier; or
- (7)If it becomes apparent that the Member falls under either (2) or (6) of Article 12 (Measures) hereof.
- 2.Notwithstanding the provisions in the preceding paragraph, the Company may terminate a sale and purchase agreement with a Member if the Member violates the Terms, or other regulations or guidelines established by the Company, or otherwise conducts an unlawful act in connection with use of the Services.
Article 8 (Method of Payment)
- 1.Members may, when purchasing goods, select a payment method, either by credit card or PayPal, in a manner prescribed by the Company, and shall pay the Price in the selected settlement method.
- 2.The Company may add or delete the payment method specified in the preceding paragraph.
- 3.If a Member selects payment by credit card, and the designated card company notifies the Company of its refusal to settle, the Company may request that the Member use another payment method.
Article 9 (Delivery of Goods)
- 1.Members shall, when purchasing goods, designate either their registered address, or another address, as the destination of delivery in a method prescribed by the Company, and the Company shall deliver the goods to the designated destination of delivery by means of transportation that uses a delivery agent designated by the Company. When goods are shipped, the Company shall notify the relevant Member of the shipment of the goods, through a shipment confirmation email.
- 2.The Company shall commence arrangement of shipment of goods after being notified by the credit card company or PayPal of approval of settlement.
- 3.If the delivery agent specified in the first paragraph delivers goods to the designated destination of delivery, but the address does not exist, or the goods are not received within the storage period prescribed by the delivery agent, the Company shall deem that performance of its obligation to deliver goods has been completed under the sales and purchase agreement, and shall assume no liability for non-performance to the Member. In such cases, the Company shall administer the goods only with the same care it would exercise over its own property, and the Member shall be responsible for additional costs of such administration.
- 4.In the case of the preceding paragraph, if the Company provides the Member with notification specifying a reasonable period, but the Member fails to receive the goods within said period, the Company may terminate the sales and purchase agreement for the goods under the provisions of Article 7, paragraph 1 (1) hereof and demand from the Member compensation for damages arising from that termination.
- 5.If the delivery agent cannot deliver the goods, and takes them back because of the Member's absence on the day of delivery, the Member shall contact the delivery agent to arrange for redelivery.
- 6. Members shall agree in advance that the Company usually ships goods within ten (10) days after confirmation of payment of the Price.
- 7.Members shall agree in advance that delivery of goods may take longer than it would normally take if the goods are shipped within the period specified in the preceding paragraph, for any of the following reasons:
- (1)The goods are temporarily out of stock.
- (2)The order is incomplete (for example, necessary information is missing, clerical error, or excess or deficiency of fees.)
- (3)A force majeure event such as extreme weather conditions.
- (4)Delayed delivery attributable to the delivery agent.
- (5)Year end and New Year's holiday, or other consecutive holidays.
- 8.Ownership in goods shall be transferred from the Company to a Member upon receipt of the goods by the Member.
- 9.The Company shall assume no responsibility for damage directly or indirectly caused to the Member due to any delay of delivery of goods to the Member. Notwithstanding the foregoing, the Company shall reimburse a Member for damage caused to the Member by its own willful misconduct or gross negligence.
Article 10 (Termination of Agreement by Members and Replacement of Goods)
- 1.After a sales and purchase agreement is established, Members may not exchange a product for another one, modify specifications, or terminate the agreement for their own reason. This applies to all orders. However, this shall not apply to the cases set forth in the second paragraph.
- 2.After receiving a product, Members shall immediately inspect whether the product is damaged, has a defect, or is the wrong item, and if any of these apply, notify the Company within fourteen (14) days after receipt of the product. The Company shall replace the product with a new one free of charge if it determines that the damage, etc., is attributable to the fault of the Company. In such cases, only replacement shall be acceptable (that is, the sales and purchase agreement may not be terminated), if products for replacement are available. If a new product is not available for replacement due to being out of stock or any other reason, the Company shall terminate the sales and purchase agreement, retrieve the defective product, and refund the Price.
- 3.Notwithstanding the provisions of the second paragraph of this Article, the Company shall not accept return or replacement of a product if the product is damaged, soiled, or otherwise defective due to any cause attributable to the fault of the Member, or if the Member has already used the product, or if the Member has violated the provisions of the preceding paragraph.
- 4.In the case of any defect in goods sold through the Services, the Company shall assume no responsibility, including liability for damages, except for the cases set forth in the second paragraph.
Article 11 (Suspension, etc., of Services)
In the event of any of the following items, the Company may modify, add, suspend, or discontinue the Services without giving prior notice to, or obtaining approval from, Users. The Company shall assume no responsibility for damage caused to Users due to modification, addition, suspension, or discontinuance of the Services.
- (1)When necessary for regular or urgent maintenance of the system;
- (2)When operations of the system are rendered difficult due to fire, blackout, or interference by a third party;
- 3.When the Services cannot be provided due to natural disaster or other force majeure events; or
- 4.When otherwise deemed necessary by the Company.
Article 12 (Measures)
If the Company determines that a Member falls under any of the following items, the Company may delete the Member's membership registration, refuse to allow the Member use of all or part of the Services, or take any other measures deemed necessary by the Company, without giving prior notice to, or obtaining approval from, the Member. The Member shall not raise any objection to such measures, or demand compensation for damage or disadvantage caused by such measures by the Company.
- (1)If the Member violates the Terms or other regulations or guidelines established by the Company;
- (2)If the Member is subject to any seizure, provisional seizure, provisional disposition, compulsory execution, auction, or other disposition by a public authority, including public sale and forced tax collection;
- (3)If a petition for bankruptcy or a civil rehabilitation procedure is filed by or against the Member;
- (4)If the Member publicly announces that they will initiate a voluntary liquidation process;
- (5)If it becomes apparent that the Member is a member or associate member of any organized crime group, or an individual who was a member of an organized crime group at any time during the past five years, or any other individual equivalent thereto; or
- (6)If the Company otherwise determines that the Member is inappropriate as a Member.
Article 13 (Handling of Personal Information)
- 1.The Company shall collect or use Users' personal information to confirm details of orders for goods sold through the Services, deliver goods and send notices, undertake procedures for membership registration and withdrawal from membership, otherwise manage membership information, deliver newsletters and other announcements, provide and make announcements regarding the loyalty program, conduct campaign events, questionnaires, and marketing analysis, and respond to inquiries concerning the Services and credit card settlement.
Article 14 (Copyrights, etc.)
Users shall not use or disclose copyrighted materials, or any other information provided through the Services, beyond the scope permitted by the Copyright Act, or other laws and regulations, without the approval of the rights holders. In the event of any issue with regard to infringement of copyright, etc., as a result of violation of the provisions of this Article by a User, the User shall resolve the issue at their own expense and responsibility, and shall not cause any trouble or damage to the Company.
Article 15 (Prohibited Acts)
Users shall not perform the following acts.
- 1. Users shall not conduct the following acts:
- (1)any criminal act, any act contrary to public order and morals, or any other act that is, or may be, against laws or regulations;
- (2)any act that interferes with, or may interfere with, the administration or business operations of the Company or the Services;
- (3)any act of defaming or discrediting the Company, artists belonging to the Company or third parties, or any act that causes or may cause trouble, disadvantage, or damage to the Company, said artists or third parties;
- (4)any act of unlawfully using a third party's personal information, or false information, to use the Services;
- (5)any act that violates, or may violate, the Terms, or regulations or guidelines established by the Company;
- (6)any act of using images, text or other pieces of information posted on the Website for any purpose other than receiving the provision of the Services; or
- (7)any other act deemed inappropriate by the Company.
- 2. In the event of any damage caused to the Company or a third party by violation of the provisions of the preceding paragraph, the violating User shall be obliged to provide compensation for the damage (including, but not limited to, reasonable attorney fees).
Article 16 (Other disclaimers)
- 1.The Company shall be free to modify, delete, or add to the configuration, content, pages, or other elements of the Website, and shall not be obliged to modify, delete or add such when requested by Users. In addition, the Company shall not warrant that the content of the Website is suitable for the usage environment of all Users, or will operate properly in such environments. The same shall apply to the EC system in general, including programs and the database.
- 2.If Users cause damage to a third party through use of the Services, they shall resolve the issue at their own expense and responsibility, and shall not cause any trouble or damage to the Company.
- 3.In no circumstances shall the Company be responsible for any damage or disadvantage arising in connection with use of the Services, regardless of the reason. Notwithstanding the foregoing, in the event of damage caused to Users due to willful misconduct or gross negligence on the part of the Company, the Company shall compensate the Users for that damage.
Article 17 (Court of Competent Jurisdiction by Agreement, etc.)
- 1.In the event of any issue that cannot be resolved with the Terms in connection with use of the Services, the relevant User and the Company shall consult each other in good faith to resolve the issue.
- 2. If there is a need for a lawsuit with regard to use of the Services, the parties shall submit to the exclusive jurisdiction of the Tokyo District Court in the first instance, regardless of the amount of the legal suit.
Article 18 (Governing Law)
The Terms shall be governed by and construed in accordance with the laws of Japan.
Established on June 8, 2010.
Partially revised on November 20, 2012.
Partially revised on March 2, 2015.
Partially revised on October 1, 2015.
Partially revised on October 31, 2016.
Partially revised on December 26, 2017.