Terms of service
TERMS OF SERVICE
These Terms of Service (hereinafter referred to as the “Terms”) set forth the terms and conditions for the use of the online shop provided by SELFISH (hereinafter referred to as the “Company,” “we,” “us,” or “our”) through this website (hereinafter referred to as the “Service”). All registered users (hereinafter referred to as “Users”) shall use the Service in accordance with these Terms.
Article 1 (Application)
1. These Terms shall apply to all relationships between Users and the Company relating to the use of the Service.
2. In addition to these Terms, the Company may establish various rules and provisions concerning the use of the Service (hereinafter referred to as “Individual Provisions”). Regardless of their name, such Individual Provisions shall constitute part of these Terms.
3. In the event of any inconsistency between these Terms and the Individual Provisions, the Individual Provisions shall prevail unless otherwise specifically provided therein.
Article 2 (User Registration)
1. Registration for the Service shall be completed when an applicant agrees to these Terms, applies for registration in accordance with the method specified by the Company, and the Company notifies the applicant that the application has been approved.
2. The Company may refuse to approve an application for registration if it determines that any of the following applies. The Company shall have no obligation to disclose the reason for such refusal:
(1) The applicant has provided false information in connection with the registration application;
(2) The application has been submitted by a person who has previously violated these Terms; or
(3) The Company otherwise determines that the registration is inappropriate.
Article 3 (Management of User IDs and Passwords)
1. Users shall be responsible for properly managing their User IDs and passwords for the Service.
2. Users may not, under any circumstances, transfer or lend their User IDs or passwords to any third party, or share them with any third party. If a User ID and password combination matches the registered information and is used to log in to the Service, the Company shall deem such use to have been made by the registered User.
3. The Company shall not be liable for any damage arising from the use of a User ID or password by a third party, except where such damage is caused by the Company’s willful misconduct or gross negligence.
Article 4 (Sales Contracts)
1. A sales contract shall be formed when a User submits an order to the Company and the Company notifies the User that the order has been accepted. Ownership of the purchased products shall transfer to the User when the Company hands the products over to the delivery carrier.
2. The Company may cancel a sales contract without prior notice to the User if any of the following applies:
(1) The User violates these Terms;
(2) Delivery cannot be completed due to an unknown delivery address or the User’s prolonged absence; or
(3) The Company otherwise determines that the relationship of trust between the Company and the User has been impaired.
3. Payment methods, delivery methods, procedures for canceling purchase applications, returns, and other matters relating to the Service shall be governed by the methods separately specified by the Company.
Article 5 (Intellectual Property Rights)
The copyrights and other intellectual property rights relating to product photographs and all other content provided through the Service (hereinafter referred to as “Content”) belong to the Company, the relevant content providers, or other legitimate rights holders. Users may not reproduce, republish, modify, or otherwise make secondary use of such Content without authorization.
Article 6 (Prohibited Activities)
Users shall not engage in any of the following activities when using the Service:
(1) Activities that violate laws, regulations, or public order and morals;
(2) Activities related to criminal conduct;
(3) Activities that infringe copyrights, trademarks, or other intellectual property rights contained in the Service;
(4) Activities that destroy, disrupt, or interfere with the functions of the Company’s servers or networks;
(5) Commercial use of information obtained through the Service;
(6) Activities that may interfere with the operation of the Service;
(7) Unauthorized access or attempts to gain unauthorized access;
(8) Collection or storage of personal information relating to other Users;
(9) Impersonation of another User;
(10) Activities that directly or indirectly provide benefits to antisocial forces in connection with the Service; or
(11) Any other activities that the Company deems inappropriate.
Article 7 (Suspension of the Service)
1. The Company may suspend or discontinue all or part of the Service without prior notice to Users if it determines that any of the following applies:
(1) Maintenance, inspection, or updates of the computer systems relating to the Service are required;
(2) Provision of the Service becomes difficult due to force majeure events, including earthquakes, lightning, fire, power outages, or natural disasters;
(3) Computers, communication lines, or related systems are interrupted due to an accident; or
(4) The Company otherwise determines that it is difficult to provide the Service.
2. The Company shall not be liable for any disadvantage or damage suffered by Users or third parties as a result of the suspension or discontinuation of the Service, regardless of the reason.
Article 8 (Restrictions on Use and Cancellation of Registration)
1. The Company may, without prior notice, restrict a User’s use of all or part of the Service or cancel the User’s registration if any of the following applies:
(1) The User violates any provision of these Terms;
(2) It is discovered that false information has been provided in the registration details;
(3) The credit card registered by the User as a payment method is suspended or otherwise becomes unavailable;
(4) The User fails to fulfill payment obligations or other financial obligations;
(5) The User fails to respond to communications from the Company for a certain period;
(6) The User has not used the Service for a certain period following the most recent use; or
(7) The Company otherwise determines that the User’s use of the Service is inappropriate.
2. The Company shall not be liable for any damage suffered by the User as a result of actions taken by the Company pursuant to this Article.
Article 9 (Withdrawal)
Users may withdraw from the Service by completing the withdrawal procedures prescribed by the Company.
Article 10 (Disclaimer of Warranties and Limitation of Liability)
1. The Company does not warrant that the Service is free from factual or legal defects, including defects relating to safety, reliability, accuracy, completeness, effectiveness, fitness for a particular purpose, security, errors, bugs, or infringement of third-party rights.
2. The Company shall not be liable for any damage suffered by Users as a result of the Service. However, if the agreement between the Company and the User concerning the Service, including these Terms, constitutes a consumer contract under the Consumer Contract Act of Japan, this disclaimer shall not apply.
Even 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 such damages, resulting from non-performance or unlawful acts caused by the Company’s negligence, excluding gross negligence.
3. The Company shall not be liable for any transactions, communications, disputes, or other matters arising between a User and another User or any third party in connection with the Service.
Article 11 (Changes to the Service)
The Company may change the content of the Service or discontinue the Service without prior notice to Users and shall not be liable for any damage suffered by Users as a result.
Article 12 (Changes to These Terms)
The Company may amend these Terms at any time without prior notice to Users if it determines that such amendment is necessary. If a User begins using the Service after the Terms have been amended, the User shall be deemed to have agreed to the amended Terms.
Article 13 (Handling of Personal Information)
The Company shall appropriately handle personal information obtained through the use of the Service in accordance with the Company’s Privacy Policy.
Article 14 (Notices and Communications)
1. Notices and communications between Users and the Company shall be made in accordance with the methods prescribed by the Company.
2. Unless a User submits a notice of change in accordance with the method separately prescribed by the Company, the Company shall deem the currently registered contact information to be valid and shall send notices or communications to such contact information.
3. Such notices or communications shall be deemed to have reached the User at the time they are sent.
Article 15 (Prohibition on Assignment of Rights and Obligations)
Users may not assign or transfer their contractual status, rights, or obligations under these Terms to any third party, or provide them as security, without the Company’s prior written consent.
Article 16 (Governing Law and Jurisdiction)
1. These Terms shall be governed by and construed in accordance with the laws of Japan. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to the Service.
2. Any dispute arising in connection with the Service shall be subject to the exclusive agreed jurisdiction of the court having jurisdiction over the location of the Company’s principal place of business.
End of Terms