These Terms of Use (hereinafter referred to as the "Terms") set the terms and conditions for using the online shop (hereinafter referred to as the "Service") provided by Mother's Industry Co., Ltd. (hereinafter referred to as the "Company") on this website. Registered users (hereinafter referred to as "Users") are required to use this Service in accordance with these Terms.
Article 1 (Scope of Application)
These Terms and Conditions apply to all relationships between the user and the Company regarding the use of the Service.
In addition to these Terms and Conditions, the Company may establish various individual regulations (hereinafter referred to as "Individual Regulations") related to the Service, including specific rules for its use.
These Individual Regulations, regardless of their titles, shall constitute a part of these Terms and Conditions.
In the event of any inconsistency between the provisions of these Terms and Conditions and the provisions of the Individual Regulations, the provisions of the Individual Regulations shall prevail unless otherwise specified.
Article 2 (User Registration)
A person who wishes to register for the Service shall agree to these Terms and Conditions and apply for user registration using the method prescribed by the Company. User registration shall be deemed complete when the Company notifies the applicant of its approval.
If the Company determines that the applicant falls under any of the following circumstances, the Company may refuse the application for user registration and shall have no obligation to disclose the reasons for such refusal.
・If false information is provided at the time of application for registration ・If the application is from a person who has previously violated these Terms and Conditions ・If the Company otherwise determines that user registration is not appropriate
Article 3 (Management of User ID and Password)
The User shall manage the User ID and password for the Service at their own responsibility.
Under no circumstances may the User transfer, lend, or share their User ID and password with any third party.
If a login is performed using a User ID and password that match the registered information, the Company shall deem that the login has been made by the registered User.
The Company shall not be liable for any damages resulting from the use of the User ID and password by a third party, except in cases of willful misconduct or gross negligence on the part of the Company.
Article 4 (Sales Contract)
The user applies to the Company to purchase products through this Service, and the sales contract shall be concluded when the Company notifies the user of its acceptance of the application. Ownership of the products shall transfer to the user upon delivery of the products to the shipping carrier.
If the user falls under any of the following circumstances, the Company may terminate the sales contract set forth in the preceding paragraph without prior notice to the user:
・The user violates these Terms. ・Delivery cannot be completed due to an unknown delivery address or long-term absence. ・The Company determines that the trust relationship between the Company and the user has been damaged.
Payment methods, shipping methods, cancellations of purchase applications, and return methods for this Service shall be separately determined by the Company.
Article 5 (Intellectual Property Rights)
Copyright and other intellectual property rights in product photographs and other content (hereinafter referred to as the "Content") provided through this Service belong to the legitimate rights holders, such as the Company and content providers. Users may not reproduce, duplicate, modify, or otherwise use the Content without permission.
Article 6 (Prohibited Conduct)
When using this Service, the User shall not engage in any of the following acts:
・Acts that violate laws, public order, or morals ・Acts related to criminal activity
・Acts that infringe on copyrights, trademarks, or other intellectual property rights related to this Service
・Destruction of or interference with the functions of the Company’s servers or networks ・Commercial use of information obtained through this Service ・Acts that interfere with the operation of the Company’s services
・Unauthorized access or attempts thereof ・Collection or accumulation of personal information about other users without permission ・Impersonation of other users
・Acts that directly or indirectly provide benefits to anti-social forces in connection with this Service ・Other acts deemed inappropriate by the Company
Article 7 (Suspension of Service)
The Company may suspend all or part of the Service without prior notice to the User in any of the following cases:
・During maintenance, inspection, or updates of the systems related to this Service ・When it becomes difficult to provide the Service due to force majeure events such as earthquakes, lightning strikes, fires, power outages, or natural disasters ・If systems or communication lines are interrupted due to accidents or failures ・In other cases where the Company determines that it is necessary to suspend the Service
The Company shall not be held liable for any loss or damage incurred by the User or any third party as a result of the suspension of the Service, regardless of the cause.
Article 8 (Restrictions on Use and Deregistration)
The Company may, without prior notice to the User, restrict the User’s access to all or part of the Service or cancel the User’s registration if any of the following apply:
・The User violates any provision of these Terms and Conditions ・False information is found in the User’s registration details ・The credit card registered as the payment method is suspended or invalid ・The User defaults on payment obligations such as fees ・The User fails to respond to communications from the Company within a certain period ・The Service has not been used by the User for a certain period since the last use ・Other cases where the Company determines that the User’s continued use of the Service is inappropriate
The Company shall not be liable for any damages incurred by the User resulting from actions taken under this Article.
Article 9 (Cancellation)
Users may cancel their use of this Service by following the prescribed cancellation procedure.
Article 10 (Disclaimer and Warranty Exclusion)
The Company does not warrant that the Service will be free from practical or legal defects, including but not limited to defects, errors, bugs, infringements, or issues related to safety, reliability, accuracy, completeness, validity, fitness for a particular purpose, or security.
The Company shall not be liable for any damages incurred by Users arising from the use of the Service. However, if the contract between the Company and the User concerning this Service (including these Terms) qualifies as a consumer contract under the Consumer Contract Act, this disclaimer shall not apply. Even in such cases, the Company shall not be liable for damages caused by special circumstances, including cases where the Company or the User could have foreseen such damages resulting from the Company’s negligence (excluding gross negligence).
Furthermore, the Company shall not be responsible for any transactions, communications, or disputes arising between Users or between Users and third parties in connection with the Service.
Article 11 (Changes to service content, etc.)
The Company may change the content of the Service or suspend its provision without prior notice to the User. The Company shall not be liable for any damages incurred by the User as a result of such changes or suspension.
Article 12 (Changes to Terms of Use)
The Company may revise these Terms at any time without prior notice to the User if deemed necessary. Furthermore, if the User continues to use the Service after such changes, it shall be deemed that the User has agreed to the revised Terms.
Article 13 (Handling of Personal Information)
The Company shall appropriately handle any personal information obtained through the use of this Service in accordance with the Company’s Privacy Policy.
Article 14 (Notice or Contact)
Any notices or communications between the Company and the User shall be conducted in the manner prescribed by the Company. Unless the User has notified the Company of a change in accordance with the method separately specified by the Company, the Company will send notices or communications to the contact information currently registered as valid, and such notices or communications shall be deemed to have been received by the User at the time of transmission.
Article 15 (Prohibition of Transfer of Rights and Obligations)
Users shall not assign or pledge to any third party their rights or obligations under the Service Agreement or these Terms without the prior written consent of the Company.
Article 16 (Governing Law and Jurisdiction)
These Terms shall be governed by and construed in accordance with Japanese law. Furthermore, the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded with respect to this Service.
In the event of any dispute arising out of or in connection with this Service, the courts having jurisdiction over the location of the Company’s head office shall have exclusive jurisdiction.
