Terms of service

Introduction

These terms and conditions of use (hereinafter referred to as the “Terms and Conditions”) set forth the terms and conditions of use of the online store (hereinafter referred to as the “Service”) provided by Tamura Cloisonne Jewelry (hereinafter referred to as the “Company”) on this website. All registered users (hereinafter referred to as “Users”) are requested to use the Service in accordance with these Terms of Use.

1. Application

  1. These Terms of Use shall apply to all relationships related to the use of the Service between the User and the Business Office.
  2. In addition to these Terms of Use, the Business Office may establish various rules and regulations regarding the use of the Service (hereinafter referred to as “Individual Regulations”). Regardless of the name of these Individual Regulations, they shall constitute a part of these Terms of Use.
  3. In the event of any conflict between the provisions of the Terms and Conditions and the Individual Regulations set forth in the preceding paragraph, the provisions of the Individual Regulations shall take precedence unless otherwise specified in the Individual Regulations.

2. Registration

  1. In the case of this service, registration for use shall be completed when a prospective registrant agrees to these Terms of Use, applies for registration for use in accordance with the method prescribed by the TSE, and the TSE notifies the prospective registrant of its approval of the application.
  2. If the Firm determines that the applicant has any of the following reasons, the Firm may not approve the application for usage registration, and shall not be obliged to disclose the reasons.
    1. The applicant has provided false information when applying for registration
    2. If the application is from a person who has violated these Terms of Use
    3. In any other cases in which the Firm deems the registration of use to be inappropriate

3. Management of User ID and Password

  1. The User shall manage his/her user ID and password for the Service at his/her own responsibility.
  2. The User may not, under any circumstances, transfer or lend his/her user ID and password to a third party, or share them with a third party. When a User logs in with a combination of user ID and password that matches the registered information, the Project Office shall deem the use of the Service to be by the User who has registered the user ID.
  3. The Business Office shall not be liable for any damage caused by the use of a user ID and password by a third party, except in cases where there is willful intent or gross negligence on the part of the Business Office.

4. Purchase Agreement

  1. In the Service, a purchase contract shall be formed when a user makes an application for purchase to the TSE and the TSE notifies the user that it has accepted the application. Ownership of the Product shall be transferred to the User when the Product is delivered to the delivery service provider by this business office.
  2. The business office may cancel the purchase agreement described in the preceding paragraph without prior notice to the user if any of the following events occurs.
    1. If the User violates these Terms and Conditions
    2. When the delivery of a product is not completed due to an unknown delivery address or prolonged absence of the user
    3. In other cases where it is deemed that the relationship of trust between the business office and the user has been damaged.
  3. Payment methods, delivery methods, cancellation methods for purchase applications, return methods, etc., related to the Service shall be in accordance with methods separately determined by the business office.

5. Intellectual Property Rights

Copyrights or other intellectual property rights to product photographs and other content provided by the Service (hereinafter referred to as “Content”) belong to the TSE, Content providers, and other legitimate right holders, and Users may not reproduce, reprint, modify, or make any other secondary use of the Content without permission.

6. Prohibitions

In using the Service, the User shall not engage in any of the following acts.

  1. Acts that violate laws and ordinances or public order and morals
  2. Actions related to criminal acts
  3. Acts that infringe on copyrights, trademarks, or other intellectual property rights contained in the Service
  4. Acts that destroy or interfere with the functions of the Firm’s server or network
  5. Acts of using information obtained through this service for commercial purposes
  6. Acts that may interfere with the operation of this service
  7. Acts of gaining or attempting to gain unauthorized access
  8. Actions to collect or accumulate personal information, etc. concerning other users
  9. Acts of impersonating other users
  10. Actions that directly or indirectly provide benefits to antisocial forces in relation to the services provided by this business office
  11. Other acts that the Firm deems inappropriate

7. Suspension of Provision of the Service

  1. The business office may suspend or discontinue provision of all or part of the Service without prior notice to the User if any of the following reasons are deemed to exist. The Firm may suspend or discontinue provision of all or part of the Service without prior notice to the User in the event that the Firm determines that any of the following reasons exist.
    1. When performing maintenance inspections or updating of computer systems related to the Service
    2. When the provision of the Service becomes difficult due to force majeure such as earthquake, lightning, fire, power outage, or natural disasters
    3. When computers or communication lines, etc. are shut down due to an accident; or
    4. When the provision of the Service is deemed difficult by the Firm in any other case
  2. The Business Office shall not be liable for any disadvantage or damage incurred by the User or a third party as a result of the suspension or interruption of the provision of the Service, regardless of the reason.

8. Restriction of Use and Cancellation of Registration

  1. In any of the following cases, the Business Office may restrict the use of all or part of the Service to the User or terminate the User’s registration as a User without prior notice.
    1. If a user violates any of the provisions of these Terms of Use
    2. When it is found that there is a false fact in the registration information
    3. In the event that the credit card submitted by the user as a means of payment is suspended
    4. In the event that the user defaults on payment of fees and other obligations
    5. When there is no response to communications from this business office for a certain period of time
    6. If the User has not used the Service for a certain period of time since the last use of the Service
    7. In any other cases in which the Firm deems the use of the Service to be inappropriate
  2. The business office shall not be liable for any damages incurred by the user as a result of actions taken by the business office in accordance with this Article.

9. Disclaimer of Warranty and Disclaimer of Liability

  1. The Business Office does not guarantee that the Service is free from defects in fact or in law (including safety, reliability, accuracy, completeness, validity, fitness for a particular purpose, defects related to security, etc., errors and bugs, infringement of rights, etc.).
  2. The Business Office does not guarantee that the Service is free from defects in fact or in law (including safety, reliability, accuracy, completeness, validity, fitness for a particular purpose, defects related to security, etc., errors and bugs, infringement of rights, etc.). The Business Office shall assume no responsibility whatsoever for any damages incurred by the User as a result of the Service. However, if a contract between the Business Office and a User for the Service (including this Agreement) is a consumer contract as defined in the Consumer Contract Act, this disclaimer provision shall not apply, but even in such a case, the Business Office shall not be held liable for any damages arising from default of obligation or torts due to the negligence of the Business Office (excluding gross negligence). Even in such cases, the Business Office shall not be liable for any damages arising from special circumstances (including cases where the Business Office or the User foresaw or could have foreseen the occurrence of damages) among damages incurred by the User due to default or illegal acts by the negligence of the Business Office (excluding gross negligence).
  3. TSE shall not be responsible for any transactions, communications, disputes, etc. that occur between a User and another User or a third party in connection with the Service.

10. Changes to Contents of Service, etc.

The Business Office may change the contents of the Service or discontinue provision of the Service without notice to the User, and shall not be liable for any damages incurred by the User as a result of such changes.

11. Changes to Terms of Use

The Business Office may change the Terms of Service at any time without notice to the User if it deems it necessary. When a User starts using the Service after a modification of the Terms of Use, such User shall be deemed to have agreed to the modified Terms of Use.

12. Handling of Personal Information

Personal information obtained through the use of the Service shall be handled appropriately in accordance with the “Privacy Policy.

13. Notification or Communication

Notification or communication between a user and the business office shall be made by a method determined by the business office. Unless the user notifies changes in accordance with a method separately stipulated by the Business Office, the Business Office shall deem the currently registered contact address to be the valid contact address and shall send notices or communications to that address, which shall be deemed to have arrived at the user at the time of transmission.

14. Prohibition of Assignment of Rights and Obligations

The User may not transfer to a third party or offer as security his/her position in the Usage Contract or rights or obligations under these Terms of Use without the prior written consent of the Business Office.

15. Governing Law and Jurisdiction

  1. The Terms of Use 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. In the event of any dispute arising in connection with the Service, the court having jurisdiction over the location of the head office of the Company shall be the court of exclusive jurisdiction.