Terms of service

These Terms of Service (the “Terms”) set out the conditions for use of the online shop (the “Service”) provided on this website by Kamikagu Inc. (the “Company”). Registered users (“Users”) shall use the Service in accordance with these Terms.

This is an English translation provided for convenience. The Japanese text is the governing version.

Article 1 (Application)

  1. These Terms apply to all relationships between Users and the Company relating to use of the Service.
  2. In addition to these Terms, the Company may establish separate rules and provisions relating to the Service (“Individual Provisions”). Regardless of their name, such Individual Provisions form part of these Terms.
  3. Where these Terms conflict with Individual Provisions, the Individual Provisions prevail unless they state otherwise.

Article 2 (Registration)

  1. Registration is 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.
  2. The Company may decline an application for registration if it determines that any of the following applies, and is under no obligation to disclose its reasons: (a) false information was provided in the application; (b) the application is from a person who has previously breached these Terms; (c) the Company otherwise considers registration inappropriate.

Article 3 (Management of User ID and password)

  1. Users shall manage their User ID and password for the Service at their own responsibility.
  2. Users may not under any circumstances transfer, lend or share their User ID and password with any third party. Where a login is made with a combination of User ID and password matching the registered information, the Company shall treat that use as use by the registered User.
  3. Except where the Company is guilty of intent or gross negligence, the Company bears no responsibility for damage arising from use of a User ID and password by a third party.

Article 4 (Contract of sale)

  1. A contract of sale is formed when a User applies to purchase and the Company notifies the User of its acceptance. Title to the goods passes to the User when the Company hands the goods to the delivery carrier.
  2. The Company may cancel the contract of sale without prior notice where: (a) the User has breached these Terms; (b) delivery cannot be completed because the address is unknown or the recipient is absent for an extended period; (c) the Company otherwise considers that the relationship of trust with the User has been damaged.
  3. Payment methods, delivery methods, cancellation of orders and returns are governed by the methods separately prescribed by the Company.

Article 5 (Intellectual property rights)

Copyright and other intellectual property rights in product photographs and other content provided through the Service belong to the Company and to other rightful owners such as content providers. Users may not reproduce, republish, modify or otherwise make secondary use of such content without permission.

Article 6 (Prohibited conduct)

Users shall not engage in any of the following when using the Service:

  1. Conduct that violates laws or public order and morals
  2. Conduct connected with criminal activity
  3. Conduct that infringes copyright, trademark or other intellectual property rights contained in the Service
  4. Conduct that destroys or interferes with the functioning of the Company's servers or network
  5. Commercial use of information obtained through the Service
  6. Conduct that may interfere with the operation of the Company's services
  7. Unauthorised access or attempts at unauthorised access
  8. Collecting or storing personal information about other Users
  9. Impersonating another User
  10. Directly or indirectly providing benefit to anti-social forces in connection with the Company's services
  11. Any other conduct the Company considers inappropriate

Article 7 (Suspension of the Service)

  1. The Company may suspend or interrupt all or part of the Service without prior notice where it determines that: (a) maintenance, inspection or updating of the computer systems for the Service is required; (b) provision of the Service has become difficult due to force majeure such as earthquake, lightning, fire, power failure or natural disaster; (c) computers or communication lines have stopped due to an accident; (d) the Company otherwise determines that provision of the Service is difficult.
  2. The Company bears no responsibility for any disadvantage or damage suffered by a User or a third party arising from suspension or interruption of the Service, for any reason.

Article 8 (Restriction of use and cancellation of registration)

  1. The Company may, without prior notice, restrict all or part of a User's use of the Service or cancel their registration where: (a) any provision of these Terms has been breached; (b) registered particulars are found to be false; (c) the credit card notified as the payment method has been suspended; (d) there has been a default in payment of fees; (e) there is no response to contact from the Company for a certain period; (f) the Service has not been used for a certain period since last use; (g) the Company otherwise determines that use of the Service is inappropriate.
  2. The Company bears no responsibility for damage caused to a User by action taken under this Article.

Article 9 (Withdrawal)

Users may withdraw from the Service by the prescribed withdrawal procedure.

Article 10 (Disclaimer of warranties and limitation of liability)

  1. The Company does not warrant that the Service is free from defects in fact or law, including defects relating to safety, reliability, accuracy, completeness, effectiveness, fitness for a particular purpose or security, or from errors, bugs or infringement of rights.
  2. The Company bears no responsibility for any damage caused to Users by the Service. However, this exemption does not apply where the contract between the Company and the User constitutes a consumer contract under the Consumer Contract Act of Japan. Even in that case, the Company bears no responsibility for damage arising from special circumstances, whether or not the Company or the User foresaw or could have foreseen such damage, caused by the Company's non-performance or tort due to its negligence (excluding gross negligence).
  3. The Company bears no responsibility for transactions, communications or disputes arising between a User and another User or a third party in relation to the Service.

Article 11 (Changes to the Service)

The Company may change the content of the Service or discontinue provision of the Service without notice to Users, and bears no responsibility for any damage caused to Users thereby.

Article 12 (Changes to these Terms)

The Company may change these Terms at any time without notice to Users where it considers this necessary. Where a User begins using the Service after a change to these Terms, that User is deemed to have agreed to the amended Terms.

Article 13 (Handling of personal information)

The Company shall handle personal information obtained through use of the Service appropriately and in accordance with its Privacy Policy.

Article 14 (Notices and communications)

Notices and communications between Users and the Company shall be made by the method prescribed by the Company. Unless a User submits a change of details in the manner separately prescribed by the Company, the Company shall treat the currently registered contact details as valid, send notices or communications to those details, and such notices shall be deemed to have reached the User at the time of transmission.

Article 15 (Prohibition of assignment of rights and obligations)

Users may not assign to a third party, or offer as security, their position under the contract of use or their rights or obligations under these Terms without the prior written consent of the Company.

Article 16 (Governing law and jurisdiction)

  1. These Terms shall be interpreted in accordance with the laws of Japan. The application of the United Nations Convention on Contracts for the International Sale of Goods is excluded in relation to the Service.
  2. In the event of a dispute relating to the Service, the court having jurisdiction over the location of the Company's head office shall be the exclusive agreed court of first instance.