Terms of service

Yushakobo Co., Ltd. (hereinafter referred to as the "Store") sets a rules for the use of the shopping website which the Store operates (hereinafter referred to as the "Site") as follows (hereinafter referred to as the "Terms of Use").

Article 1 Scope of the Terms of Use

1.This Terms of Use stipulates the services provided by the website of the Store（hereinafter referred to as the “Service”）.

2.This Terms of Use applies to the use contract (hereinafter referred to as the "User Terms of Use") concluded between the Store and the Members (as defined in Article 2).

3.The rules regarding the use of this service that the Store posts on its website shall constitute a part of this Terms of Use.

4.In the event of any discrepancy between the contents of the Terms of Use and the rules set forth in the preceding paragraph or any other explanations of the Service outside of the Terms of Use, the provisions of the Terms of Use shall take precedence.

Article 2 Membership

1.A person (including a corporation and an organization) who has been approved by the Store after completing the admission procedures stipulated by the Store shall be considered as a "Member”, or collectively as the “Members”.

2.If the Store deems it inappropriate to approve a person as a Member, the Store may not approve the membership.

3.The same individual, corporation, or organization may only register for one membership, and may not create multiple accounts.

 

Article 3 Management of Passwords

1.The Members shall be responsible for the management and use of their passwords registered on the website of the Store.

2.Any transfers, sales, or lending of passwords are strictly prohibited.

3.In no event shall the Store be responsible or liable for any damage caused by the negligent use of the passwords by the Members or by any third parties. Any declarations of intent made to the Store using a Member's password shall be deemed a valid declaration of intent by the Member corresponding to the password.

Article 4 Member Registration Information

1.As a general rule, the Member registration information (names, addresses, telephone numbers, email addresses) will not be provided outside of the Store, except for information that can be used to identify an individual (name, address, phone number, email address), which will be entrusted to a contractor within the scope necessary to provide the Service, and which the Member himself/herself has agreed to disclose those information.

2.Notwithstanding the preceding paragraph, the Store may disclose the part of the Member registration information without the consents of the Members in the following cases.

(1) In the event that the information is deemed to be detrimental to the Store, other Members, or any third parties, and is disclosed to the police or other related agencies.

(2) When the police, courts, public prosecutor's offices, bar associations, consumer affairs centers, or other organizations with the same authority as these requests for the disclosure of the registered information, and when the Store decides to comply with the requests.

(3) In any other cases where the Store deems the disclosure of the registered information to be appropriate.

 

3.The Store shall not accept any false declaration regarding any items of the registration information declared by the Members at the time of the admission.

4.In the event of a change in the registered information, the Member shall immediately complete the prescribed procedures.

Article 5 Prohibition of Use Outside the Scope of Private Use

The Members may not reproduce, sell, publish, or otherwise use any information obtained through the Store beyond the scope of a private use for the Member his/herself, except in cases where the Store has given an approval (including obtaining the consents of the third parties through the Store if there are any third parties which have the rights to the information in question).

Article 6 Prohibited Matters for Members

1.The Store prohibits any of the following actions by the Members, or any actions that may lead to such actions.

(1) Actions that are offensive to the public order and morals of decency.

(2) Actions that may lead to criminal acts.

(3) Actions that violate the laws and regulations of Japan.

(4) Actions that infringe on the copyrights or other intellectual property rights of the Store, other members, or third parties.

(5) Actions that infringe on the properties or privacy of the Store, the Members, or the third parties.

(6) Actions that cause disadvantages to the Store, the Members, or the third parties.

(7) Actions that slander or defame the Store, the Members, or the third parties.

(8) Actions that interfere with the operations of the website of the Store or damage the trust of the Store.

(9) Any business activities that use the Member's status without the approval from the Store.

(10) Any campaigns or similar activities, or any activities that violate the Public Office Election Law or other laws of Japan.

(11) Any acts of giving false answers to all questionnaires conducted by the Store, including the admission procedure.

(12) Acts of sending or writing harmful computer programs.

(13) Any act of using IDs and passwords illegally.

(14) Any other actions of the Members that the Store deems inappropriate.

Article 7 Cancellation of Membership

1.In the events of any of the followings, the Store reserves the right to terminate the membership without a prior notice or consent of the Member.

(1) In the event that the Member violates any of the prohibitions set forth in Article 6 or any other provisions of the r Terms of Use.

(2) In the event that the Store deems that the information declared by the Member at the time of admission or in a subsequent questionnaire is intentionally false.

(3) In the event that the Member uses the password illegally or allows the password to be used.

(4) In the event that there is an unauthorized act that the Store does not approve of.

(5) If there is a suspension of the payment or inability to pay of the Members, or if there is a petition for the commencement of bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, special liquidation, or similar proceedings of the Members.

(6) If there is no response to the inquiries from the Store or other communications requesting a response for more than sixty (60) days.

(7) If there are any other actions that the Store deems inappropriate.

2.If the membership of the Member is terminated, all rights held by the Member against the Store shall be terminated.

3.Regardless of the provisions of the preceding paragraph, all debts owed by the Member to the Store at the time of the cancellation of the registration shall automatically lose their benefit of time, and all debts must be paid to the Store immediately.

Article 8 Withdrawal from Membership

If a Member wishes to withdraw from the Store, the Member must notify the Store in accordance with the prescribed procedures, and the membership will be withdrawn upon the completion of the withdrawal procedures at the Store.

Article 9 Change of Terms

1.The Store reserves the right to change the terms and conditions of the Terms of Use without the consents of the Members in any of the following cases.

(1) When the change of the Terms of Use is in the general interest of the Members.

(2) The changes to the Terms of Use do not violate the purpose for which the Terms of Use was made and are reasonable in light of the necessity of the changes, the reasonableness of the content after the changes, the content of the provisions for changing the Terms of Use, and other circumstances related to the changes.

2.In the case of the preceding paragraph, the Store will notify the Members of the changes, the contents, and the effective dates of the revised Terms of Use at least four (4) weeks prior to the effective date of the revised Terms of Use, by posting the revised Terms of Use on the website of the Store or the Service, sending e-mails to the Members, or by any other methods that the Store deems appropriate.

3.In addition to the provisions of the previous two paragraphs, the Store reserves the right to change the terms of the Terms of Use by obtaining the consents of the Members through the methods that the Store has established.

Article 10 Interruption and Suspension of Service

1.In the following cases, the Store may at its discretion suspend or discontinue the part(s) or all the Service without a prior notice or consent to the Members.

(1) In the events that the hardware, software, communication equipment, or other related equipment or systems related to the Service need to be inspected or maintained on a regular or emergency basis.

(2) In the events that the provision of the Service becomes difficult due to the computer or communication line failures, erroneous operations, excessive concentration of access, unauthorized access, hacking, or any other unforeseen factors.

(3) In the events of the security problems with the Service.

(4) When it becomes difficult to continue the operations of the Site due to the force majeure or any other unforeseen circumstances, such as fires, power outages, or natural disasters.

(5) In the events that the operation of the Service becomes difficult due to the laws and regulations or measures based on these laws and regulations.

(6) In the events that the Store deems it necessary for any other reasons similar to the preceding items.

2.The Store reserves the right to suspend the Service of this Site with a certain period of notice.

3.The Store may not be held responsible for any disadvantages or damages caused to the Members due to the suspensions of the Service.

Article 11 Change and Termination of Service Contents

1.The Store may reserve the right to change, modify, add, or terminate all or part(s) of the contents of the Service of this Site without prior notices or consents of the Member.

2.In no event shall the Store be responsible or liable for any disadvantage or damage occur to the Members as a result of a change or termination of the Service based on the preceding paragraph.

Article 12 Handling of Personal Information

The Store will handle the personal information appropriately based on the "Privacy Policy".

Article 13 Disclaimer

1.The Store shall not be held responsible for any damages incurred by members or third parties due to delays or interruptions in the provision of services on this site as a result of Article 10 or Article 11, or as a result of any other reasons that we deem necessary.

2.We assume no responsibility for the accuracy or suitability for any particular purpose of the information obtained with the services on this site.

3.We will not be held responsible for any damages caused by the information obtained with the services on this site.

4.In the event that a dispute arises between a member and another member or a third party regarding the information or services provided through this site, the member shall resolve the dispute at his/her own expense and responsibility and shall not cause any damage to our store.

5.We will not be held responsible for the fulfillment of obligations related to transactions such as the sale and purchase of goods between members and third parties conducted through this site, nor will we be held responsible for any disputes that may arise in relation to such transactions.

6.We will not be held responsible for any problems that may arise from the disclosure of member registration information based on Article 4.2 and Article 4.3.

Article 14 Provision of the Service

1.How to apply

An application for the Service shall be made through the Site.

2.Application time

The Store accepts the applications for the use of the Service for twenty-four (24) hours a day. However, the Store may not be able to accept any application due to the server maintenance or other reasons. In such cases, the Store may not take any responsibilities or liabilities for the damages occurred by the failure in the applications.

3.Timing of the contract is concluded

When the "Order Confirmation E-mail" is sent from the Store to the customer, a sales contract may be concluded between the customer and the Store for the ordered product.

4.Purchase Slip

An "Order Confirmation E-mail" sent from the Store to the Member by e-mail may be substituted for the "Purchase Slip", so please keep it in a safe place.

5.Delivery address

The delivery address is limited to only within Japan.

6.Delivery date

Normally, ordered product may be shipped within one (1) to three (3) business days from the date that the Store receives the order from the customers. However, please note that there may be delays due to the stock of the Store.

7.Cancellations, returns, and exchanges

The Store may deal with the cancellations, returns or exchanges of the products with the "Return, Refund, and Exchange Policy" (https://shop.yushakobo.jp/en/policies/refund-policy) which is separately determined.

8.Warranty

Except for the cases described in the previous section of this article, the Store does not provide any warranties for any defects in the products the Store sells. However, if the Store defaults on the obligations, the Store may compensate for the damages up to the prices of the products purchased by the Members, except in cases of intentional or gross negligence on the part of the Store.

9.Other precautions

(1) Some products are sold in limited quantities and may not be delivered due to being sold out.

(2) Some of the products delivered may differ slightly from the products shown on the website due to specification changes by the manufacturers.

(3) The product photos on the website are of the actual products, but when viewed through a monitor, the color tone may differ from that of the actual products when viewed directly.

(4) Please note that the Store is not responsible or liable for any problems caused by non-arrival or garbled characters in e-mails sent from the Store to the customers or from the customers to the Store.

(5) If the customer orders more than one item and some of the items are out of stock, the Store may, at its discretion, delivers the items after all the items the customer ordered are available.

Article 15 (Intellectual Property Rights)

Unless otherwise explicitly stipulated in the Terms of Use, all intellectual property rights, all other rights and authorities regarding this Service and all contents provided by the Store in relation to the Service and the Terms of Use belong to the Store, or to those who have granted the Store the permission to use them. The conclusion of this Terms of Use or the granting of permissions to use this Service does not mean the granting of any permissions to Members to use the intellectual property rights related to this Service.

Article 16 (Liability for Damages)

1.In the event that the Store or a third party suffers damages or losses due to an act by a Member in violation of the Terms of Use, or due to a reason attributable to the Member in relation to the Service or the Terms of Use, the Member shall be obligated to compensate or indemnify the Store or the third party for all such damages or losses.

2.The Store may not be held responsible or liable for any damages or losses incurred by the Member due to any of the following reasons in relation to the Service or the Terms of Use, except in cases where the damages or losses are caused by the intentional act or gross negligence of the Store.

(1) Falsehoods, errors, omissions, or omissions in making the alteration in the registration information provided by the Member to the Store.

(2) Insufficient management of passwords by the Members, errors in use, use by the third parties.

(3) Security defects, errors, bugs, viruses, or other defects in the Service.

(4) Temporary suspension or interruption of the provision of the Service in accordance with Article 13.

(5) Suspension of use or cancellation of the Terms of Use pursuant to Article 15

(6) Damages to or losses of the registration information, this Service, other information or data uploaded, or provided with this Service

(7) Transactions, communications, disputes between the Member and a third party in connection with the use of the Service.

(8) Any other matters arising from or related to the Service or the Terms of Use.

3.In any case, if any damage occurs to a Member in relation to the Service or the Terms of Use, and the Store is liable to the Member in contract or tort or for any other reasons, the total amount of the liability that the Store holds shall not exceed Ten-thousand (10,000) Japanese yen, unless it is based on the intention or gross negligence of the Store.

Article 17 Notification and Communication

1.The Store reserves the right to send notifications and other communications regarding the Service to the Members by posting on the Service or the website of the Store, by emails, or by any other methods that the Store determines.

2.Unless otherwise specified in the Terms of Use, in principle, the Members shall send notifications, inquiries and other communications to the Store related to the Service through the website of the Store or via e-mails using the address that the Member has notified the Store of.

Article 18 Prohibition of Transfer of Rights and Obligations

The Members may not assign, transfer (including mergers and corporate splits), encumber, or otherwise dispose of their position under the Terms of Use or any rights or obligations based on the Terms of Use to the third parties without a prior written consent of the Store. The Members shall not assign, transfer (including through merger or corporate separation), encumber, or otherwise dispose of the Member's status, rights or obligations under the Terms of Use to the third parties without a prior written consent from the Store.

Article19 Severability

Even if any provision or part of the Terms of Use is determined to be invalid or unenforceable by law of Japan, the remaining provisions or parts of the Terms of Use shall continue to be in full force and effect. The Store and the Members shall endeavor to modify the invalid or unenforceable clause or portion to the extent necessary to make it legal and enforceable, and to ensure that the purpose of the invalid or unenforceable clause or portion and the legal and economic effects are equivalent.

Article 20 Jurisdiction

The Tokyo District Court shall be the exclusive jurisdictional court in the event of any legal action between the Store and the Member regarding the Site or Service.

Article 21 Governing Law

The laws of Japan shall apply to the formation, validity, performance, and interpretation of the Terms of Use.

 

The above

Enacted on April 1, 2008
Revised on August 1, 2021