These Terms of Service (hereinafter referred to as the "Terms") define the conditions for using the online shop (hereinafter referred to as the "Service") provided on this website by Dewa Ryusen (hereinafter referred to as the "Company"). Registered users (hereinafter referred to as "Users") shall use the Service in accordance with these Terms.
Article 1 (Scope and Amendment of These Terms)
- These Terms shall apply to all relationships between the User and the Company regarding the use of the Service.
- In addition to these Terms, the Company may establish various rules and regulations for use (hereinafter referred to as "Individual Provisions"). Regardless of their names, these Individual Provisions shall constitute part of these Terms.
- If the provisions of these Terms conflict with the Individual Provisions mentioned in the preceding paragraph, the Individual Provisions shall take precedence unless otherwise specified.
Article 2 (User Registration)
- Registration for the Service shall be completed when an applicant agrees to these Terms, applies for registration by the method prescribed by the Company, and the Company notifies the applicant of its approval.
- The Company may not approve an application for registration if it determines that the applicant falls under any of the following reasons, and the Company shall have no obligation to disclose the reasons for such refusal:
- If false information was provided at the time of application.
- If the application is from a person who has previously violated these Terms.
- In any other cases where the Company deems the registration inappropriate.
Article 3 (Management of User ID and Password)
- Users shall manage their User ID and password for the Service at their own responsibility.
- Under no circumstances may a User transfer, lend, or share their User ID and password with a third party. When a login is performed with a combination of User ID and password that matches the registered information, the Company shall consider it as use by the User who registered that User ID.
- The Company shall not be liable for any damages caused by the use of the User ID and password by a third party, except in cases of intentional misconduct or gross negligence by the Company.
Article 4 (Sales Contract)
- A sales contract shall be established when a User applies to purchase a product through the Service and the Company notifies the User of its acceptance of the application. Ownership of the product shall transfer to the User when the delivery company entrusted by the Company delivers the product to the User.
- The Company may terminate the sales contract mentioned in the preceding paragraph without prior notice to the User if the User falls under any of the following categories. Please note that if the Company terminates the contract based on this paragraph, no refund will be provided for the price of the product already received. Furthermore, if the User requests redelivery of the product, additional fees prescribed by the Company will be required.
- If the User violates these Terms.
- If the delivery of the product cannot be completed due to an unknown destination or long-term absence.
- In any other cases where the relationship of trust between the Company and the User is deemed to be damaged.
- Payment methods, delivery methods, cancellation methods for purchase applications, or return methods regarding the Service shall be in accordance with the methods separately prescribed by the Company.
- Considering that the products may include frozen foods, the User shall ensure that storage space (such as a freezer) is secured before applying for purchase. Furthermore, if the User specifies "unattended delivery" (Oki-hai) or similar options for delivery, it shall be done at the User's own responsibility.
Article 5 (Intellectual Property Rights)
Copyrights and other intellectual property rights for product photos and other content (hereinafter referred to as "Content") provided through the Service belong to the Company or the legitimate rights holders such as content providers. Users may not reproduce, reprint, modify, or make any other secondary use of the Content without permission.
Article 6 (Prohibited Matters)
- Users shall not engage in the following acts when using the Service:
- Acts that violate laws, regulations, or public order and morals.
- Acts related to criminal activities.
- Acts that infringe on copyrights, trademarks, or other intellectual property rights included in the Service.
- Acts that destroy or interfere with the functions of the Company's servers or network.
- Commercial use of information obtained through the Service.
- Acts that may interfere with the operation of the Company's services.
- Unauthorized access or attempting such access.
- Collecting or accumulating personal information about other Users.
- Impersonating another User.
- Directly or indirectly providing benefits to anti-social forces in connection with the Company's services.
- Other acts that the Company deems inappropriate.
- The judgment of whether an act falls under the prohibited acts in the preceding paragraph shall be at the Company's discretion, and the Company shall have no accountability for the criteria of such judgment.
- If the Company determines that a User's act falls under any of the items in Paragraph 1, it may take any or all of the following measures without prior notice:
- Restriction of the use of the Service.
- Termination of the contract based on these Terms.
- Other actions the Company deems necessary.
- The Company shall not be liable for any damages caused to the User by the measures in the preceding paragraph.
Article 7 (Suspension of the Service, etc.)
- The Company may stop or interrupt the provision of all or part of the Service without prior notice to the User if it determines that any of the following reasons exist:
- When performing maintenance, inspection, or updating of the computer system for the Service.
- When the provision of the Service becomes difficult due to force majeure such as earthquakes, lightning, fire, power outages, or natural disasters.
- When computers or communication lines stop due to an accident.
- In other cases where the Company deems it difficult to provide the Service.
- The Company shall not be liable for any disadvantage or damage suffered by the User or a third party due to the suspension or interruption of the Service, regardless of the reason.
Article 8 (Restriction of Use and De-registration)
- The Company may restrict the use of all or part of the Service or de-register the User without prior notice if the User falls under any of the following:
- Violation of any provision of these Terms.
- If false facts are found in the registration information.
- If the credit card reported by the User as a means of payment is suspended.
- Default on payment obligations such as fees.
- If there is no response to communication from the Company for a certain period.
- If the Service has not been used for a certain period since the last use.
- In other cases where the Company deems the use of the Service inappropriate.
- The Company shall not be liable for any damages caused to the User by the actions taken by the Company based on this Article.
Article 9 (Withdrawal)
Users may withdraw from the Service (terminate the contract) through the withdrawal procedures prescribed by the Company.
Article 10 (Disclaimer of Warranties and Limitation of Liability)
- The Company does not guarantee that the Service is free from factual or legal defects (including safety, reliability, accuracy, completeness, effectiveness, fitness for a particular purpose, security-related flaws, errors, bugs, or infringement of rights).
- The Company shall not be liable for any damages caused to the User by the Service, unless there is intentional misconduct or gross negligence on the part of the Company. However, if the contract between the Company and the User regarding the Service falls under a "consumer contract" as defined in 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 foresaw or could have foreseen the occurrence of damages) among damages caused to the User due to default or tortious acts by the Company's negligence (excluding gross negligence).
- The Company shall not be liable for any transactions, communications, or disputes arising between the User and other Users or third parties regarding the Service.
- The Company shall not provide any guarantee regarding the scheduled delivery date and time of the products.
Article 11 (Changes to Service Content, etc.)
The Company may change the content of the Service or discontinue the provision of the Service without notice to the User, and shall not be liable for any damages caused to the User as a result.
Article 12 (Changes to Terms of Service)
- The Company may amend these Terms at any time in accordance with Article 548-4 of the Civil Code of Japan if any of the following items apply. After the Terms are amended, the amended Terms shall apply to this contract.
- When the amendment to these Terms conforms to the general interest of the Users.
- When the amendment to these Terms is reasonable in light of the purpose of the contract, the necessity of the amendment, the appropriateness of the content after the amendment, and other circumstances related to the amendment.
- When amending these Terms, the Company shall determine the effective date of the amended Terms and shall notify the Users of the content of the amended Terms and its effective date at least two weeks prior to the effective date via the Service or other methods prescribed by the Company.
- Notwithstanding the preceding two paragraphs, if a User uses the Service after the notification of the amendment or does not take procedures to cancel within the period prescribed by the Company, the User shall be deemed to have agreed to the amendment of these Terms.
Article 13 (Handling of Personal Information)
- Personal information obtained through the use of the Service shall be handled appropriately in accordance with the Company's "Privacy Policy" established separately.
- If personal information is included in the data entered into the Service, the Company shall not use it for purposes other than providing the Service. Based on the Act on the Protection of Personal Information and the Privacy Policy, the Company shall take reasonable security measures to protect it from risks such as loss, destruction, tampering, or leakage, and shall manage it strictly.
Article 14 (Notification or Contact)
Notification or contact between the User and the Company shall be made by the method prescribed by the Company. Unless the User submits a change notification in accordance with the method separately prescribed by the Company, the Company shall consider the currently registered contact information as valid and send notifications or contact to that information, which shall be deemed to have reached the User at the time of transmission.
Article 15 (Prohibition of Assignment of Rights and Obligations)
The User may not assign their status under the usage contract or their rights or obligations based on these Terms to a third party or provide them as collateral without the prior written consent of the Company.
Article 16 (Governing Law and Jurisdiction)
- The interpretation of these Terms shall be governed by the laws of Japan.
- In the event of a dispute regarding the Service, the court having jurisdiction over the location of the Company's head office shall be the exclusive agreed-upon court of first instance.
- In the event of filing for mediation regarding a dispute related to the Service, the court having jurisdiction over the location of the Company's head office shall be the court for filing the mediation.
Article 17 (Maintenance of User Environment)
- Users shall set up their equipment and maintain the environment for using the Service at their own expense and responsibility under the conditions prescribed by the Company.
- Users shall connect their equipment to the Internet using telecommunications services such as telecommunications carriers at their own responsibility and expense when using the Service.
- If there is a malfunction in the User's equipment, the Internet connection, or the environment for using the Service, the Company shall have no obligation to provide the Service to the User.
Article 18 (Liability for Damages)
If a User causes damage to the Company in connection with a violation of these Terms or the use of the Service, the User shall compensate for the damage incurred by the Company (including lost profits and attorney's fees).
Article 19 (Exclusion of Anti-Social Forces)
- The User and the Company represent that they do not currently fall under the category of organized crime groups, members of organized crime groups, persons for whom five years have not yet passed since they ceased to be members of organized crime groups, quasi-members of organized crime groups, companies related to organized crime groups, corporate racketeers (Sokaiya), groups engaging in social movements under the guise of social activism, or special intelligence-based organized crime groups, or other similar entities (hereinafter referred to as "Organized Crime Group Members, etc."), and guarantee that they do not fall under any of the following items and will not fall under them in the future:
- Having a relationship where Organized Crime Group Members, etc., are deemed to control the management.
- Having a relationship where Organized Crime Group Members, etc., are deemed to be substantially involved in the management.
- Having a relationship where Organized Crime Group Members, etc., are deemed to be used unjustly, such as for the purpose of seeking unjust benefits for oneself, one's own company, or a third party, or for the purpose of causing damage to a third party.
- Having a relationship where one is deemed to be involved in providing funds, etc., or convenience to Organized Crime Group Members, etc.
- Having a relationship where officers or persons substantially involved in management have a socially condemnable relationship with Organized Crime Group Members, etc.
- The User and the Company promise not to engage in any of the following acts, either by themselves or by using a third party:
- Violent demand behavior.
- Unreasonable demand behavior exceeding legal responsibility.
- Behavior using threatening words or actions or violence in connection with transactions.
- Behavior spreading rumors, using fraudulent means, or using force to damage the credit of the other party or interfere with the other party's business.
- Other acts similar to the preceding items.
- The User and the Company confirm and acknowledge that if this contract based on these Terms is terminated for reasons related to this Article, they shall not be liable for any damages caused to the other party as a result of such termination.
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