Use of this Service assumes that users agree to all the terms and conditions set forth in this User Agreement. Make sure that you read this User Agreement priorto registration.
1. This User Agreement shall apply to the use of this Service between the member (defined in Chapter 3) and this Company and outlines the rules and regulations that must be adhered to during registration procedures and following registration.
2. New provisions may be added to and existing provisions of this User Agreement may be changed at any time without prior consent from the member when the Company uses the website, e-mail, or other method deemed appropriate by the Company to warn or notify the member of saidchanges.
3. When all or a portion of this User Agreement is revised, use of this Serviceby the member shall be based on compliance with the revised version of thisUser Agreement.
Within this User Agreement, “User” collectively refers to persons who, with full understanding and acknowledgement of all of the content of this User Agreement, search, browse, and use the images, text, designs, logos, video,
programs, ideas, and information, etc. (hereinafter, “Content”) provided by the Company via this Service.
1. When the Company discovers that the person has violated the user agreement of another service offered by the Company and that member registration for that service has been deleted.
2. When the member registration application contains false information
3. When the Company discovers that the person has defaulted on payment
obligations related to products or services (hereinafter, “Products”), fails to receive Products over a long period of time, rejects the return or replacement of a Product, or otherwise defaults on obligations.
4. When an act outlined in Article 6 (Prohibited Matters) of this User Agreement is committed
5. Any other violates of this User Agreement
1. In the event of changes to all or any portion of registered information, the
member must change registration details immediately via methods specified by the Company.
2. In the event the member fails to provide said notification, processes based on previously registered information shall be deemed appropriate and valid.
3. The Company shall bear absolutely no liability for losses incurred as a result of the failure to change registration details in a timely manner.
Article 7 User ID and password management
The member shall bear all liability for the use and management of the user ID and password approved and registered by the member at the time of member registration, etc.
The member may not hand over, succeed, transfer, lend, disclose or divulge the user ID and password to any third party.
The Company shall bear absolutely no liability for problems related to the use and/or management of the member user ID and password or credit card number nor for losses incurred as a result of unauthorized use by a third party.
Article 8 Membership cancellation
The member may cancel membership at any time by following prescribe procedures. The member shall lose membership status at the point the cancellation request is received from the member by the Company.
Article 9 Prohibited matters
During the use of this Service, the member may not conduct any of the following actions.
1. Actions that violate this User Agreement or legal code, actions related to criminal activity, actions in violate of public decency, or any actions that could result in such.
2. Inputting false details or the information of a third party during member registration or when changing registration details.
3. Interfere with Service operations or any actions that could interfere with this Service.
4. Infringe on the assets, privacy, copyrights and other intellectual property rights, or any other rights of another member or any other third party, or this Company, as well as any actions that could result in such.
5. Actions that do or could defame, hurt, or damage the reputation of another member, any third party, or this Company.
6. Actions that do or could inconvenience or cause loss of profit of another member, any third party, or this Company.
7. Unauthorized use of a user ID or password
8. Reselling by a competitor or purchases for purposes of profit
9. Any other actions the company deems inappropriate
Article 10 Use of personal information
1. The Company gathers and uses personal information, including member name, address, telephone number, and e-mail address, etc., solely for the
purposes of providing information and/or contacting regarding confirmation of order details for products sold by the Company, product shipment,
member management including member enrollment and membership cancellation procedures, distribution of mail magazines to enrolled members, campaign planning and surveys, marketing analysis (sales performance analysis, access analysis), provision of information and advertisements related to services provided by the Company, responses to inquiries regarding products and services sold by the Company, and responses to inquiries related to credit card usage history.
2. The personal information of the member gained by the Company through the use of this Service is handled in accordance with the Company’s separately outlined “Personal Information Protection Policy.”
Chapter 4 Product Purchases
Article 11 Product purchases
1. Members can use this Service to purchase Products from the Company.
2. To purchase Products, members must use methods prescribed by the Company to apply to make a purchase.
3. The purchasing agreement related to the Products between the member and the Company is deemed executed at the moment the processing of the abovementioned application is completed by the Company, order details from the Company are confirmed and an e-mail indicating approval is delivered to the member.
4. Notwithstanding the provisions of the previous paragraph, even after the purchasing agreement related to the Products is executed, if it is determined
that the member conducted an unauthorized or inappropriate act during the use of this Service, or when there are circumstances to strongly suggest this to be the case, the Company may, at our own discretion, negate, cancel, or take other appropriate measures regarding said purchasing agreement.
5. After the execution of the purchasing agreement, the Company will conduct delivery procedures for the Products in accordance with order details. Also, the user acknowledges in advance that in some cases delivery may be delayed during to the shipping destination or shipping conditions.
Article 12 Payment method
1. Fees related to the delivery of Products and COD fees resulting when the member specifies COD as the method of payment are all borne by the member.
2. The payment amount for Products shall be the total amount of the product price (including taxes), shipment fees and relevant handling fees, as well as any consumption taxes related to said fees.
3. Payments for products purchased via this Service shall be made via a credit card in the name of the member or via COD at the time the Products are delivered.
4. Payments made via credit card shall be processed in accordance with the conditions of the separate agreement between the member and the credit card company. Furthermore, in the event of a dispute between the member and said credit card company, said dispute shall be resolved between the relevant parties and this Company shall bear absolutely no liability.
Article 13 Product returns, exchanges, order withdrawal and cancellation
1. Product returns and exchanges are accepted only when the Company receives notification to the <Returns and Exchanges Support Desk> noted in the <User Guide> within seven days of product delivery and in accordance with rules separately outlined by the Company.
The member must comply with procedures separately outlined by the Company when returning a product.
2. The return of products is limited to the following conditions
(1) A product different from the ordered product is delivered
(2) The product is damaged during shipment
The costs of returning and/or exchanging a product will be borne by the Company only in cases of defective products, mistaken shipments, and other instances where fault is attributable to the company.
3. We will accept absolutely no exchanges or returns for cases other than the above (customer circumstances including wrong size, product not as imagined).
For members desiring to make an exchange, the replacement product will be shipped once the original product arrives at the Company and the replacement product can be prepared and shipped.
When exchanges are not possible due to a lack of inventory, etc., the purchase amount will be refunded. The refund method will be in accordance with separately outlined regulations.
4. Excluding in cases where there is fault attributable to the Company, product orders cannot be canceled during the period between product shipment processing and product arrival.
(Returns following product delivery shall be according to the provisions of Paragraph 1 of this Article.)
Article 14 Product indemnity
Published product images are as accurate as possible. However, there may be cases where an image differs slightly from the actual product, including color and size, due to circumstances related to image settings and photography techniques.
1. Excluding the provisions set forth in Paragraph 1 of this Article, the Company makes no guarantees and shall bear no liability regarding the quality or performance, conformity with other products, or any other defects, nor concerning any damages, losses, or loss of profit incurred in relation to Products purchased through this Service.
2. The Company shall bear no liability related to trouble, including unknown delivery addresses, which occur after the product is handed over to our contracted delivery operator and shipped to the address registered by the member.
Chapter 5 Use of Service
Article 15 Use of service
Persons who use this Service shall be deemed to have provided consent to thisUser Agreement and the “Handling of Personal Information” separately outlined by the Company.
Article 16 Service changes and discontinuation
1. The computer system used to provide this Service (hereinafter, “System”) experiences trouble and emergency maintenance and inspection is required
2. System operation becomes difficult due to fire, power failure, natural disaster or other force majeure
3. System operation becomes difficult due to human actions (war, violence, riots, labor strikes, etc.)
4. System operation becomes difficult due to third party interference
5. Other circumstances for which the company deems it necessary to shut down the system.
Article 17 Disclaimer
1. When offering links from this Service to other websites or resources, or when a third party website offers links from that website or resource to this Service, the Company shall bear no liability for the content, use, or results of that link destination (including but not limited to appropriateness, validity, accuracy, reliability, safety, recentness, and integrity). Furthermore, this
Company may delete links without any need for notification to members when it reasonably determines the link destination website or resource to be illegal or inappropriate for the management and operation of Services.
2. When this Service includes advertisements (including but not limited to prize advertisements) or when conducting transactions with the advertiser that published the advertisement (including but not limited to participation in prize promotions), the user shall conduct said transactions with the advertiser at his/her own discretion and liability and this Company shall bear
absolutely no liability for said transactions. This Company makes absolutely no guarantees concerning the content or conditions related to transactions,
including payment of Product amounts, determination of contract conditions,
guarantees, warrantees, and licenses, etc., and this Company shall bear absolutely no liability for losses incurred by members resulting from advertisement published on this Service or transactions conducted with said advertisers.
3. In the event of the following, this Company may temporarily suspend or cancel this Service and shall bear absolutely no liability for damage, losses, or loss of profit incurred directly or indirectly by members.
(1) In the event of fire, earthquake, flooding, lightning strikes, snowstorm, or other natural disaster
(2) In the event of war, civil war, terrorism, violence, riots, or other social unrest
(3) This Company loses provision of services from a contracted telephone company, transport company, or provider
(4) Circumstances that the Company cannot be addressed technologically
4. By processing administrative procedures in accordance with member registration information, the company fulfills its duties and shall be exempted.
5. If use of this Service by a member results in damages to another member or third party, said member shall, at its own liability and expense, resolve said situation and shall not enact any damages onto this Company.
6. Excluding when due to malice or gross neglect on the part of this Company, this Company shall bear no liability for any damage (including emotional pain or any other detriment including financial losses) resulting from the use of this Service (including information provision by the Company).
7. In the event of malfunctions to communications lines or computers despite the Company having implemented sufficient safety measures, the Company shall bear no liability for any damage resulting from System suspension, delays, or shutdown and shall bear no liability for losses incurred by members as a result of the website having been modified.
8. Even in the event the Company does bear liability, excluding cases of malice or gross neglect on the part of this Company, the liability of the Company shall be limited to direct and normal losses.
9. The Company does not guarantee that e-mails and Content distributed from the webpage, server, or domain does not include computer viruses or other damaging elements.
Article 19 Copyrights, trademark rights, and other intellectual property rights
1. The copyrights, trademarks, and other intellectual property rights for all Content (text, illustrations, designs, photographs, images, logos, icons, video, programs, etc.) provided through this Service belong to this Company and members and users shall not conduct activities that infringe on said rights.
2. Regardless of the purpose, if it is discovered that Company Content has been reproduced, reprinted, or otherwise been subjected to secondary use without permission in ways prohibited by copyright laws and other laws in Japan and overseas, the Company may take legal action immediately.
3. In the event of a problem with a third party due to a violation of the terms of this User Agreement, the member shall, at its own liability and expense, resolve said problem and shall not inflict any damage, losses, or loss of profit onto this Company.
Chapter 6 Service management
Article 20 Information management
1. The Company may gather the following information related to user access history for the purposes research user access history and usage conditions as well as for the purpose of improving this Service.
(1) The IP address or mobile device ID number used when access the servers of this Service
(2) User access information gained through cookie technology (refers to technology that temporarily stores data on the user computer through the web browser to record when the user late visited the site and browser activity on that site).
2. The user acknowledges that when the user rejects cookies via the web browser, the user of Services may be restricted.
Article 21 Service maintenance
This Company may temporarily shut down all or a portion of Service provision without prior notification to the user in the following situations in order to ensure favorable operating conditions for the Service
1. Conduct regular or emergency system maintenance
2. When system operation become difficult due to fire, power outage, of interference by a third party
3. Other circumstances where the company determines system shutdown is unavoidable
Article 22 Service content changes
The Company may change or suspend Service content without receipt of approval from the user. The Company shall bear no liability to the user in the event Service content is changed or suspended.
Article 23 Other
1. In principle, the method of communication between the Company and the user shall be E-mail.
2. Unless otherwise approved by the Company, the user may not transfer or offer as collateral its position or rights and obligations gained as a user of this Service to any third party.
3. In the event that use of this Service results in problems that cannot be resolved through the provisions of this User Agreement or instructions by the Company, the Company and the user shall negotiate in good faith to resolve said problem.
4. In the event of a lawsuit related to the use of this Service, the Tokyo District Court shall be the exclusive court of first instance.
Bylaw
This User Agreement shall be applied to all members beginning on July 15, 2013.
Inquiries regarding this User Agreement and Services can be directed to the following.
Emily Temple Co., ltd.
Contact information: shop@emilytemple.jp (Hours: 10:00 – 18:00)
