Terms of service

These Terms of Use (hereinafter referred to as "Terms") define the conditions for the use of the Tomoe-Ya website (hereinafter referred to as "Site") provided by Tomoe-Ya Co., Ltd. (hereinafter referred to as "Company"). Registered users (hereinafter referred to as "Users") shall use the Site in accordance with these Terms.

Article 1: Application

1. These Terms shall apply to all relationships between the User and the Company concerning the use of the Site.

2. In addition to these Terms, the Company may establish various rules or provisions regarding the use of the Site (hereinafter referred to as "Individual Provisions"). Regardless of their name, these Individual Provisions shall constitute a part of these Terms.

3. In the event of a conflict between the provisions of these Terms and those of the Individual Provisions mentioned in the preceding paragraph, the provisions of the Individual Provisions shall prevail unless otherwise specified.

Article 2: User Registration

1. To use the Site, an applicant for registration must apply for user registration in accordance with the method prescribed by the Company after agreeing to these Terms. User registration shall be completed when the Company notifies the applicant of its approval of the registration.

2. The Company may not approve the application for registration if it determines that the applicant falls under any of the following circumstances, and the Company is under no obligation to disclose the reason: a. False information was provided during the registration process. b. The application was submitted by a person who has previously violated these Terms. c. Any other reason that the Company deems makes the application for registration inappropriate.

Article 3: Management of User ID and Password

1. Users shall manage their User ID and password for the Site at their own responsibility.

2. Under no circumstances shall Users transfer, lend, or share their User ID and password with a third party. The Company will deem any login using a combination of User ID and password that matches the registered information as use by the registered User.

3. The Company shall not be responsible for any damages arising from the use of the User ID and password by a third party, except in cases of intentional or gross negligence on the part of the Company.

Article 4: Sales Contracts

1. On the Site, a sales contract is established when a User applies to purchase a product and the Company sends a notification of acceptance of the application. Ownership of the product shall transfer to the User when the Company hands the product over to the delivery company.

2. The Company may cancel the sales contract without prior notice to the User if the User falls under any of the following circumstances: a. The User violates these Terms. b. The delivery cannot be completed due to an unknown recipient address or prolonged absence. c. The trust relationship between the Company and the User is deemed to have been damaged.

3. Payment methods, delivery methods, cancellation methods, and return methods related to the Site shall be determined separately by the Company.

Article 5: Intellectual Property Rights
The copyrights and other intellectual property rights to product photos and other content (hereinafter referred to as "Content") provided on the Site belong to the Company and other rightful owners such as content providers. Users may not reproduce, reprint, modify, or otherwise reuse the Content without permission.

Article 6: Prohibited Acts
Users shall not engage in the following acts when using the Site:

1. Acts that violate laws or public order and morals.
2. Acts related to criminal activities.
3. Acts that infringe copyrights, trademark rights, or other intellectual property rights contained in the Site.
4. Acts that destroy or interfere with the functioning of the Company's servers or networks.
5. Acts that commercially exploit information obtained from the Site.
6. Acts that may interfere with the operation of the Company's Site.
7. Acts of unauthorized access or attempts thereof.
8. Acts of collecting or storing personal information of other Users.
9. Acts of impersonating other Users.
10. Acts of directly or indirectly providing benefits to anti-social forces in connection with the Company's Site.
11. Any other acts that the Company deems inappropriate.

Article 7: Suspension of Site Services

1. The Company may suspend or interrupt the provision of all or part of the Site without prior notice to the User if it determines that any of the following circumstances exist: a. Maintenance, inspection, or updating of the computer system related to the Site. b. The provision of the Site becomes difficult due to force majeure such as earthquakes, lightning, fire, power outages, or other natural disasters. c. The computer or communication line stops due to an accident. d. The Company determines that it is difficult to provide the Site.

2. The Company shall not be liable for any disadvantage or damage suffered by the User or any third party due to the suspension or interruption of the Site's provision, regardless of the reason.

Article 8: Restrictions and Deregistration

1. The Company may restrict the use of all or part of the Site or deregister the User without prior notice if the User falls under any of the following circumstances: a. The User violates any provision of these Terms. b. It is found that there is a false statement in the registration details. c. The credit card registered by the User as a payment method is suspended. d. There is a default on payment obligations. e. There is no response from the User for a certain period after contact from the Company. f. The Site has not been used for a certain period since the last use. g. The Company deems that the use of the Site by the User is inappropriate.

2. The Company shall not be responsible for any damages incurred by the User due to actions taken by the Company under this article.

Article 9: Withdrawal
Users may withdraw from the Site by following the prescribed withdrawal procedure.

Article 10: Disclaimer of Warranties and Limitation of Liability

1. The Company does not guarantee that the Site is free from factual or legal defects (including defects related to safety, reliability, accuracy, completeness, validity, fitness for a particular purpose, security, etc., errors or bugs, and rights infringement).

2. The Company shall not be liable for any damages incurred by the User due to the Site. However, if the contract between the Company and the User regarding the Site (including these Terms) is a consumer contract as defined by the Consumer Contract Act, this disclaimer does not apply. In such cases, the Company shall not be liable for damages arising from special circumstances (including cases where the Company or the User foresaw or could have foreseen the occurrence of damages) due to the Company's negligence (excluding gross negligence) in breach of obligations or tort.

3. The Company shall not be responsible for any transactions, communications, or disputes that arise between Users and other Users or third parties regarding the Site.

Article 11: Changes to Site Content
The Company may change the content of the Site or discontinue the provision of the Site without notifying the User, and the Company shall not be liable for any damages incurred by the User due to these actions.

Article 12: Changes to the Terms of Use
The Company may change these Terms at any time without notifying the User if it deems it necessary. If the User starts using the Site after the changes to these Terms, the 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 the Site in accordance with the Company's Privacy Policy.

Article 14: Notifications and Communications
Notifications and communications between the User and the Company shall be conducted in a manner determined by the Company. Unless the User submits a change notice in a manner separately determined by the Company, the Company will consider the currently registered contact information as valid and will send notifications or communications to that address, which shall be deemed to have reached the User at the time of dispatch.

Article 15: Prohibition of Transfer of Rights and Obligations
The User may not transfer or offer as collateral their position in the usage contract or the rights or obligations under these Terms to a third party without the prior written consent of the Company.

Article 16: Governing Law and Jurisdiction

1. The interpretation of these Terms shall be governed by Japanese law. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to the Site.
2. In the event of a dispute arising in connection with the Site, the court having jurisdiction over the location of the Company's head office shall have exclusive jurisdiction.