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Terms of Use

These terms of use (these “Terms”) specify the conditions of use for the online shopping service (the “Service”) that SHIRAIWA K.K. (the “Company”, “we”, “us”, “our”) provides on its website for the sale of the Company goods. A user of the Service (“User”, “you”, “your”) shall use the Service in accordance with these Terms.

 

Article 1. Applicability

1)These Terms shall apply to all matters between you and us pertaining to use of the Service.

2)We may, in addition to these Terms, specify rules and other assorted provisions (“Individual Rules”) pertaining to your use of the Service. Such Individual Rules, regardless of what they are called, will constitute a part of these Terms.

3)If the provisions of these Terms conflict with the provisions of any Individual Rules set forth in the preceding paragraph, unless otherwise specified in the Individual Rules, the provisions of the Individual Rules will take precedence.

 

Article 2. Use Registration

1)In order to use the Service as a User, you will be required to register for use (“Use Registration”).

2)Use Registration will be completed when, after agreeing to these Terms, Individual Rules, and the Company’s “Privacy Policy”, you apply for Use Registration in the manner specified by the Company.

 

Article 3. Password Management

1)User shall be responsible for appropriately managing the password that the User register at the time of Use Registration.

2)User may not, under any circumstances, transfer or lend your password to, or share your password with, a third party. If login is made using a combination of email address and password that matches information registered in Use Registration, the Company will deem such use to have been performed by the registered User him/herself.

3)The Company shall bear no liability for any damage arising as a result of a password being used by a third party, except in the case of willful or gross negligence on the part of the Company.

 

Article 4. Purchase of Goods

1)A User wishing to use the Service to purchase goods from the Company (Company goods purchased by a User through the Service are referred to as “Goods”) shall make an order to purchase Goods (“Order”) in accordance with the procedures specified separately by the Company. The Company will not sell alcohol in response to the Orders from Users under 20 years of age or will not sell the Goods in repines to the Orders whose purpose is reselling for profit.

2)When a User confirms the type and number of Goods, shipping address, payment method, and other order information etc. that he/she inputted in the course of making an Order and then clicks the order button, thus making the Order, the Company will send to that User an email confirming Order details etc. (“Order Confirmation Email”). Please note that in the case where in making an Order, you select prepayment, the transmission of the Order Confirmation Email will serve to notify you that we have received the order, and will not serve as an indication to you of our acceptance of the Order.

3)A purchase and sale agreement (“Purchase and Sale Agreement”) between a User and the Company regarding Goods will come into effect at the respective times below:

・In the case where a User selects prepayment:

When the Company confirms receipt of payment for the Goods; and

・In the case where a User selects deferred payment:

When the Company sends an Order Confirmation Email.

4)In the case where a User selects prepayment, if receipt of payment cannot be confirmed within seven days after the Order is made, the User’s Order will be cancelled.

5)Notwithstanding the provisions of Article 4, Paragraphs 1 to 3, if a User has engaged in any fraudulent or improper conduct in relation to use of the Service (including but not limited to the Orders to purchase alcohol from Users under 20 years of age or the Orders whose purpose is reselling the Goods for profit, etc.), the Company can revoke or cancel the relevant Purchase and Sale Agreement or take other appropriate measures.

6)Notwithstanding the provisions of Article 4, Paragraph 1, Users who are minors cannot use the Service to purchase Goods without obtaining advance consent of a qualified legal proxy.

 

Article 5. Changes to Registered Information

If the name, shipping address, or other information that User inputted when making an Order changes entirely or in part, promptly notify the Company (“Change Notice”). We will bear no liability for any damage arising because you did not provide a Change Notice. Further, even if you have made a Change Notice, any transaction where the Goods were shipped prior to the Change Notice will be carried out on the basis of the pre-Change Notice information.

 

Article 6. Payment Methods

1)Payment amounts for Goods will be the sum total of the purchase price for the Goods displayed on the website and consumption taxes thereon, as well as any shipping fees, packaging fees, and remittance fees.

2)Payment for Goods purchased using the Service can be made using the electronic payment system provided by PayPal Pte. Ltd (“PayPal”; this payment is referred to as “PayPal Payment”), by using a credit card under the name of the User (“Credit Card Payment”), by bank transfer or by any other payment method specified by the Company. Payment timing shall be as follows:

・PayPal Payment: prepayment;

・Credit Card Payment: prepayment;

・Bank transfer by an individual User: prepayment;

・Bank transfer by a corporate User: prepayment only in the first instance; subsequently, deferred payment for purchases made through the end of a given month, with payment to be made by the end of the following month;

・Payment by any other payment method specified by the Company: to be specified separately by the Company.

3)PayPal Payment shall be carried out in accordance with the conditions of a separate agreement between a User and PayPal. If a dispute arises between the User and PayPal in relation to PayPal Payment, the User and PayPal will be responsible for resolving such dispute themselves.

4)Credit Card Payment shall be carried out in accordance with the conditions of a separate agreement between a User and a credit card company etc. If a dispute arises between the User and the credit card company etc. in relation to Credit Card Payment, the User and the credit card company etc. will be responsible for resolving such dispute themselves.

5)In the case of a settlement means designated for the Service where a separate agreement (including without limitation terms of use for such settlement means) is executed between a User and the settlement company offering such settlement means, the User shall follow the conditions of the such agreement with the settlement company. If a dispute arises between the User and the settlement company in relation to such settlement means, the User and the settlement company will be responsible for resolving such dispute yourselves.

 

Article 7. Delivery of Delivery Items

1)The Company will ship Goods and other delivery items (“Delivery Items”) promptly (usually within 3-5 business days) after confirming receipt of payment in the case of prepayment and after sending an Order Confirmation Email in the case of deferred payment.

2)With the exception of certain regions, a delivery company that has contracted with the Company will be responsible for delivery to Users. Matters relating to delivery shall be in accordance with the terms of agreement specified by the delivery company.

3)Except in cases where the Company has explicitly indicated on an individual page that shipping fees will be borne by the Company, shipping fees for Delivery Items will be borne by the User.

 

Article 8. Return of Goods

The Company will handle returns, exchanges of Goods and order cancellations from Users in accordance with the following conditions.

1)Cancellations and change (cancelling the Order, etc.) for User’s own reasons

The Company will accept cancellations of Goods and changes for other goods as long as the Company receive application for cancellations or changes from Users before Goods have not yet been shipped.

2)Returns and exchanges of Goods due to negligence etc. on the part of the Company or shipping carriers (mistaken delivery, damage to bottles or packaging, poor quality, etc.)

The Company will accept returns of and exchange for Goods as long as the Company receive application for returns or exchanges from Users within 14 days from the day the Goods arrive. In this case, shipping fees shall be paid by the Company (including product shipment and pickup costs)

 

Article 9. Prohibited Matters

Users may not engage in the following conduct in the use of the Service.

・Conduct in violation of laws and regulations or public order and morals;

・Conduct involving criminal act;

・Conduct that infringes on the content etc. of the Service or any intellectual property rights included in the Service;

・Conduct that damages or obstructs the functions of a server or network of the Company, another User, or any other third party;

・Conduct that involves using information obtained through the Service for commercial purposes;

・Conduct that resells the Goods for the purpose of profit;

・Conduct likely to obstruct the Company’s business operations;

・Conduct involving illegitimate access or attempted illegitimate access;

・Conduct involving collecting or accumulating personal information etc. regarding other Users;

・Conduct involving use of the Service for illegitimate purposes;

・Conduct that causes disadvantage, damage, or discomfort to other Users of the Service or other third parties;

・Conduct involving impersonation of another User;

・Conduct involving publicity, advertisement, solicitation, or sales activities on the Service not permitted by the Company;

・Conduct having the purpose of meeting strangers;

・Conduct for directly or indirectly providing profits to an anti-social force in relation to the Company’s services; and

・Other conducts that the Company determines to be inappropriate.

 

Article 10. Suspension etc. of Provision of the Service

1)If we determine that any of the following circumstances has occurred, we can suspend or discontinue provision of the Service in whole or in part with no prior notification to Users.

・A case where the computer system used for the Service requires a maintenance inspection or updating;

・A case where provision of the Service has become infeasible because of earthquake, lightning, fire, power outage, or natural disaster or other force majeure;

・A case where computers or communication lines etc. have stopped operating because of an accident; and

・Other cases where we have reasonably determined provision of the Service to be infeasible.

2)We will bear no liability for any disadvantage or damage suffered by a User or third party as a result of suspension or discontinuation of provision of the Service in accordance with the provisions of Paragraph 1.

 

Article 11. Use Restriction and Registration Cancellation

1)If any of the following applies to you, the Company, with no advance notice, can restrict your use of the Service in whole or in part or cancel your Use Registration.

・If you have breached any of the provisions of these Terms;

・If it is found that any matters you registered are false;

・If you fail to perform your duty to pay for Goods;

・If you do not respond to communications from us for a certain period of time;

・If you have not used the Service for a certain period of time since your last instance of use; or

・If we otherwise reasonably determine that your use of the Service is inappropriate.

2)We will bear no liability for any damage you may incur as a result of conduct the Company carry out pursuant to Paragraph 1.

 

Article 12. No Warranty; Disclaimers

1)With respect to the Service and Goods, we make no express or implied warranty that there are no actual or legal defects (including Service safety, reliability, accuracy, completeness, validity, suitability for a specific purpose, security-related flaws, errors, bugs, rights infringement, etc., as well as Goods quality, functionality, performance, compatibility with other products, and other defects etc.).

2)If you fail or refuse to receive Goods after they have shipped, if you are unable to receive Goods because of extended absence or because your delivery address is unknown, or if you are otherwise unable to receive Goods for reasons of your own, we, by sending communications to the contact information you registered at the time of Use Registration and mailing the Goods to the delivery address you entered at the time of Order, will deem that we performed our duty to deliver the Goods, will be discharged from liability with respect to such duty, and will be entitled to demand from you the full payment amount specified in Article 6, Paragraph 1.

3)We will bear no liability whatsoever for any damage you may incur from the Service; provided, however, that this disclaimer will not apply in a case where an agreement regarding the Service (including a Purchase and Sale Agreement) between us and you constitutes a consumer contract specified in the Consumer Contract Act.

4)Even in a case specified in the proviso of Paragraph 3, if you incur damage as a result of non-performance or unlawful conduct arising from negligence (excluding gross negligence) on our part, we will be liable only to the extent of actual damage arising as a direct result of our conduct.

5)We will bear no liability whatsoever for any transactions, communications, or disputes arising between you and another User or a third party in relation to the Service.

 

Article 13. Changes etc. to Service Particulars

We can change the particulars of the Service or suspend provision of the Service without notifying Users, and will bear no liability whatsoever for any damage you may incur as a result.

 

Article 14. Changes to these Terms

1)If we determine it to be necessary, we can change these Terms at any time without notifying Users.

2)When we change these Terms, we will announce the implementation date and particulars of the changed Terms on our website or by another appropriate method, or notify these details to Users. The Service to be provided after the changes come into effect shall be in accordance with the changed Terms.

3)By continuing to use the Service after these Terms are changed, you will be deemed to have agreed to the changed Terms.

 

Article 15. Handling of Personal Information

We shall handle personal information acquired in relation to use of the Service appropriately, in accordance with our Privacy Policy.

 

Article 16. Notices and Communications

Notices and communications between you and the Company will be carried out by the method we specify. Unless you change your Use Registration, we will deem your current registered contact information to be valid and give notices and communications accordingly, and unless otherwise specified in these Terms, any such notices and communications will be deemed to be reached you at the time of their transmission.

 

Article 17. Prohibition on Transfer of Rights and Duties

Without our advance written consent, you may not transfer to a third party or use as collateral your status or rights or duties under an agreement (including a Purchase and Sale Agreement) between you and us regarding the Service.

 

Article 18. Governing Law and Jurisdiction

1)These Terms will be construed in accordance with the laws of Japan.

2)The Tokyo District Court will be the exclusive court of first instance for any dispute arising in relation to the Service.

 

Article 19. Language

The language of these Terms shall be Japanese. If an English translation is prepared as a reference, the English version shall have no effect.

 

End