Terms of Use
All users (hereinafter referred to as "Users") who use or register as a member at un by Tomoyo Yoshida official online store (hereinafter referred to as "Service") operated by un designs (hereinafter referred to as "Our Company") are requested to use this service in accordance with the following terms of use (hereinafter referred to as "Terms of Use").
1. Application
1.1 These Terms of Use shall apply to all relationships related to the User's usage of our service.
1.2 In addition to the Terms of Use, Our Company may establish various rules and regulations concerning the use of our Service (hereinafter referred to as "Individual Provisions").
1.3 In the event of any conflict between the provisions of the Terms of Use and the Individual Provisions of the above rule stated in "1.2," the provisions of the Individual Provisions shall take precedence unless otherwise specified in the Individual Provisions.
2. Membership Registration
2.1 Membership registration for this Service is completed when a User who wish to register as a member understands and accepts all contents in the Terms of Use, applies for membership registration from the membership registration page of this Service, and Our Company sends a confirmation email to the User to notify him/her of Our Company's approval of the application.
2.2 If Our Company determines that an applicant for membership registration has any of the following reasons, we may not approve the application for membership registration and shall have no obligation to disclose any reasons for such denial.
a. If false information is reported when applying for membership registration.
b. If the application is from a person who has violated the terms and conditions (including, but not limited to, the Terms of Use) of any service provided by Our Company in the past.
c. If Our Company otherwise deems the membership registration to be inappropriate.
3. Management of Registered Addresses and Passwords
3.1 Users shall be responsible for managing and keeping their own registered addresses as well as passwords for this Service at his/her own risk.
3.2 Users may not, under any circumstances, assign, sell, transfer, loan, the registered addresses and passwords to any third party as well as share them with a third party. If the combination of the registered address and password matches the registered information used when logging in, Our Company will consider the usage of the service is by the User who has registered the address as his/her own.
3.3 Our Company shall not be liable for any damage caused by the use of the registered address and password by a third party, except in a case of willful misconduct or gross negligence on Our Company.
4. Purchase Agreement
4.1 A purchase agreement is formed when a User submits a purchase application to Our Company and receives an email notification of the company's acceptance of the application. Ownership of the purchased item shall be transferred to the User when Our Company hands over the item to the courier.
4.2 In the event that a User applies under any of the following circumstances, Our Company may terminate the purchase agreement stated in the above "4.1" without prior notice to the User.
a. If the User violates these Terms of Use
b. When Our Company deems that there is any act that applies under the prohibited matters or inappropriate acts set forth in these Terms of Use.
c. In the event that the delivery of goods is not completed due to an unknown shipping address or if a recipient is unavailable for a long period of time.
d. In any other cases where Our Company deems that the trust relationships between Our Company and the User has been compromised.
4.3 Payment methods, delivery methods, return methods, and etc. related to this Service shall be determined separately by Our Company.
5. Prohibitions
Users shall not engage in any of the following acts when using the Service. In the unlikely event that a User violates this policy and causes damage to Our Company or a third party, such user shall be liable for all compensation.
a. Placing an order with no intention of purchasing, or returning / exchanging purchased items without reason, or refusing to accept the purchased item.
b. Any act that interferes or may interfere with the operation of our Services.
c. Commercial usage of information obtained through the Service or usage outside the scope of the User's private use.
d. Any act that destroys or interferes the functionality of Our Company's web servers or network.
e. Unauthorized access or attempts to such access.
f. Collecting, accumulating, or saving personal information of other Users.
g. Purchase of products by pretending to be another User.
h. Any act related to criminal activities or actions that may lead to criminal activities.
i. Any acts that violate or may violate laws and regulations or public order and morals.
j. Acts of providing benefits directly or indirectly to anti-social forces in relation to our Services.
k. Other acts that we deem inappropriate, such as damaging or destroying Our Company's credibility.
6. Maintenance of this Service, Suspension of Provision, etc.
6.1 Our Company reserves the right to suspend or discontinue all or part of the Service without prior notice to the User for any of the following reasons.
a. When performing maintenance and inspections or emergency maintenance of the computer systems used to provide this Service.
b. In the event that provision of this Service becomes difficult due to force majeure of natural disaster such as fire, earthquake, flood, lightning strikes, and power outage.
c. In the event that provision of this Service becomes diffictult due to social unrest such as war, civil war, terrorism, riot, disturbance, and etc.
d. In the event of unauthorized access, computer virus infection, computer or communication line outage due to an accident.
e. In any other cases when Our Company deem it difficult to provide this Service due to other unavoidable reasons.
6.2 Our Company shall not be liable for any disadvantage or damage incurred by Users or third parties as a result of maintenance, suspension or interruption of the Service, regardless of the reason.
7. Restrictions on Use of this Service and Cancellation of Registration
7.1 Our Company reserve the right to restrict your use of all or part of the Service or terminate your registration as a User without prior notice if you apply under any of the following terms. Even in the event of suspension of use of the Service or termination of membership, the User or former User who is the subject of such action shall not be exempted from fulfilling any payment obligations or other obligations already incurred under the Service.
a. Violation of any of the provisions of these Terms of Use.
b. In any case we find that you have violated the terms and conditions of any Service provided by Our Company in the past and have had your membership registration terminated.
c. In any case we find that there is a false fact in the registered information.
d. If the credit card that the User submitted for payment method has been suspended for use.
e. In the event of default in payment of fees and other obligations.
f. If you do not respond to our contact for a certain period of time.
g. In any other cases in which Our Company deems the use of the Service to be inappropriate.
7.2 In no event shall Our Company be liable to Users for any damages incurred by them as a result of any action taken by Our Company pursuant to this Article.
8. Withdrawal From Membership
Users who wish to cancel their membership should send an email from the FAQ page within the Service stating that they wish to cancel their membership. Membership will be forfeited upon receipt of an email from the User requesting to cancel their membership and upon processing the cancellation.
9. Handling of Personal Information
Our Company will use and collect personal information and information related to transactions, such as Users' names, addresses, telephone numbers, and email addresses, obtained through the use of the Service only to the extent necessary to confirm orders for items sold by Our Company, respond to inquiries and other communications, ship items, manage membership, provide coupons, etc., and for advertising purposes conducted by Our Company.
10. Notification or Communication
Notification or communication between a User and Our Company shall be made in a manner determined by Our Company. Unless a User notifies Our Company of a change in his/her contact information in accordance with a method separately determined by us, we will assume that the currently registered contact information is valid and will send notifications or communications to that contact information, which will be deemed to have reached the User at the time of dispatch.
11. Changes to the Service Contents, etc.
Our Company reserve the right to change the contents of the Service or discontinue providing the Service without notice or consent of the User, and shall not be liable to the User in any way for such changes or discontinuation.
12. Disclaimer of Warranty and Liability
12.1 Our Company does not warrant that the Service will be free from defects in fact or in law.
12.2 Our Company shall not be liable for any and all damages caused to the User as a result of this Service. However, this disclaimer shall not apply if the contract between Our Company and the User (Including this Terms of Use.) regarding the Service constitutes a consumer contract as defined in the Consumer Contract Act, and even in such a case, Our Company shall not be liable for any damages (This includes cases where Our Company or the User foresaw or could have foreseen the occurrence of damage.) arising from special circumstances among damages (Gross negligence is excluded.) caused to the User due to default of obligation or tort caused by the negligence of Our Company.
12.3 Our Company is not responsible for any transactions, communications, or disputes that occur between the User and other Users or third parties in connection with the Service.
13. Intellectual Property Rights
All intellectual property rights to the contents provided through the Service belong to Our Company or to third parties who have granted licenses to Our Company or other legitimate right holders, and Users may not reproduce, reprint, or otherwise make secondary use of Our Company's contents without permission, regardless of the purpose of use.
14. Changes to Terms of Use
Our Company reserves the right to change these Terms of Use at any time without prior notice to the Users if Our Company deem it necessary. In the event that a User began to use the Service after the Terms of Use have been changed, such User will be deemed to have agreed to the changed Terms of Use.
15. Prohibition of Transfer of Rights and Obligations
Users may not transfer or offer as security his/her position under the User Agreement or rights or obligations under these Terms of Use to any third party without the prior written consent of Our Company.
16. Governing Law and Jurisdiction
16.1 These Terms of Use shall be governed by and construed in accordance with the Japanese Law.
16.2 In the event that a lawsuit becomes necessary in connection with the use of the Service, the court having jurisdiction over the location of Our Company's head office shall be the court of exclusive jurisdiction.