Purchasing terms and conditions

The Purchasing Terms of Use (hereinafter referred to as "these Terms") stipulate the rights and obligations between SamoyedScope Co., Ltd. (hereinafter referred to as "our company") and users of the online store (hereinafter referred to as "the Service") operated by our company. When using any of the Services, users must read the entire text of these Terms and agree to these Terms.

Chapter 1 Basics

 Article 1 (Definition)

In these Terms and Conditions, the following terms shall have the following definitions:

Terms of Use
A contract regarding the use of this service, etc., established between the Company and the User based on the provisions of these Terms and Conditions.
Usage contract etc.
Terms of Use and Conditions
User
An individual who has entered into a service agreement with the Company based on the provisions of these Terms and Conditions
Access ID etc.
ID, password and other information used for authentication when a user uses this service
Our products
Products sold by the Company through this Service
This Purchase Agreement
A sales contract concluded between our company and the user regarding our products
intellectual property
Inventions, devices, designs, works, and other products of human creative activity (including discovered or elucidated laws of nature or phenomena that have the potential for industrial application), as well as trade secrets and other technical or commercial information useful in business activities.
Intellectual Property Rights
Patent rights, utility model rights, design rights, copyrights (including the rights under Articles 27 and 28 of the Copyright Act), and other rights established by law regarding intellectual property (including the right to obtain a patent, a utility model registration, a design registration, or other intellectual property rights).
Implementation, etc.
Acts prescribed in Article 2, Paragraph 3 of the Patent Act, Acts prescribed in Article 2, Paragraph 3 of the Utility Model Act, Acts prescribed in Article 2, Paragraph 3 of the Design Act, and Acts prescribed in Article 2, Paragraph 1, Items 15 and 19 of the Copyright Act
Personal information etc.
Personal information and anonymously processed information as defined in the Act on the Protection of Personal Information (hereinafter referred to as the "Personal Information Protection Act").
antisocial forces
Organized crime groups, members of organized crime groups, persons who have not yet passed five years since leaving an organized crime group, associate members of organized crime groups, companies related to organized crime groups, corporate racketeers, etc., swindlers posing as social activists, or special intelligence violent groups, or other persons equivalent to these

Article 2 (Conclusion of the User Agreement)

  1. Any person who wishes to use this Service (hereinafter referred to as the "Applicant") may apply to use this Service by agreeing to abide by these Terms and Conditions and providing certain information specified by our Company (hereinafter referred to as the "Registration Information") to us in the manner prescribed by our Company.
  2. The Company will determine whether the Applicant is eligible to use the Service in accordance with the Company's standards, and if the Company determines that the Applicant is eligible to use the Service, the Company will notify the Applicant accordingly. At the time the Company issues the notification, a service agreement will be established between the User and the Company, and the User will be able to use the Service in accordance with the service agreement, etc.
  3. Even if we decide to deny an applicant's use of the Service based on the provisions of the preceding paragraph, we are not obligated to disclose the reason for this.
  4. If the applicant is a minor (under 18 years of age), the applicant will be deemed to have applied to use the Service with the consent of his/her legal guardian.

Article 3 (Priority with Terms of Use)

When entering into a service agreement between the Company and a user, if any matter not stipulated in these Terms and Conditions is stipulated, or if there is any other contradiction between the contents of these Terms and Conditions and the service agreement, the service agreement will take precedence.

Article 4 (Changes to these Terms and Conditions)

  1. The Company may change all or part of these Terms and Conditions at any time as necessary, and Users hereby consent to the Company making such changes in advance.
  2. If the Company changes all or part of these Terms and Conditions, the Company must notify the User of the details of the changes at least one month prior to the desired date of the changes. If the Company fails to do so, the changes to these Terms and Conditions under the preceding paragraph will not be effective.
  3. If the User uses the Service after receiving the notice in the preceding paragraph, or if the User does not cancel the Service Agreement within one month after receiving the notice in the preceding paragraph, the User will be deemed to have agreed to the application of the revised Terms of Use.

Article 5 (Changes to registered information)

If there is a change in the registered information, the user must notify or contact us in the manner prescribed by our company. Even if the user suffers damage due to the user's failure to promptly notify or contact us of a change in the registered information, our company shall not be liable for such damage.

Article 6 (Reconsignment)

The Company may subcontract all or part of the business of the Service to a third party without obtaining the consent of the User. In such cases, the Company shall impose on the subcontractor the same obligations as those of the Company set forth in these Terms of Use.

Chapter 2 Changes to the Service

Article 7 (Changes to the content of the Service, etc.)

  1. The Company is not obligated to continue providing the Service in effect at the time of entering into the Service Agreement, and may change all or part of the content of the Service or terminate provision of the Service at any time.
  2. If we take any of the measures set forth in the preceding paragraph, we will notify and contact the user in advance by email or other method that we deem appropriate.
  3. The Company is not obligated to continue providing the Service in effect at the time of the conclusion of the User Agreement, and therefore shall not be liable for any damages incurred by the User as a result of measures taken by the Company pursuant to Paragraph 1 of this Article.

Article 8 (Temporary Suspension or Interruption of the Service)

  1. If any of the following applies, the Company may temporarily suspend or interrupt the provision of all or part of the Service without prior notice or contact to the User.
    • When the provision of the Service becomes impossible due to a breakdown or failure of the server, communication lines, or other equipment used for the Service, or for other reasons.
    • When regular or emergency maintenance, inspection, repair or modification of the system used in this service is carried out.
    • If the Service cannot be provided due to a fire, power outage, etc.
    • If the provision of the Service becomes impossible due to a natural disaster such as an earthquake, eruption, flood, or tsunami.
    • When the provision of the Service becomes impossible due to war, unrest, riots, civil unrest, labor disputes, the spread of epidemics, or other force majeure.
    • If the provision of the Service becomes impossible due to the application of legal restrictions, judicial orders, etc.
    • In addition, if the Company determines that it is necessary to temporarily suspend or interrupt the provision of the Service for operational or technical reasons.
  2. Even if a User suffers damage due to the temporary suspension or interruption of the provision of all or part of the Service as set forth in the preceding paragraph, the Company shall not be liable for such damage, as the Company is not obligated to provide the Service in its entirety without suspension or interruption.

Chapter 3 Use of the Service

Article 9 (Management of Access IDs, etc.)

  1. Users shall properly manage and store IDs, passwords, etc. used for authentication when using the Service at their own responsibility, and shall not allow third parties (including other users of the Service) to use them, or lend, transfer, change the name of, buy or sell them in any way.
  2. If the Service is used using the ID and password set forth in the preceding paragraph for authentication, such use will be deemed to have been made by the User to whom such ID and password was assigned, and the Company shall not be liable for any damages incurred by the User due to insufficient management of such ID and password, errors in use, or use by a third party.

Article 10 (Prohibited matters)

  1. Users shall not engage in any of the following acts or acts that may result in any of the following:
    • Any act that violates laws and regulations
    • Actions that violate public order and morals
    • Impersonating another person to use the Service
    • Allowing others to use this Access ID, etc.
    • Purchasing our products through this service for the purpose of reselling, reselling, or other profit-making purposes
    • Actions described in the " Conditions of Purchase "
    • Transferring coupons distributed by our company to a third party, whether for a fee or free of charge.
    • Any act that places an excessive burden on the network or system of this service
    • Entering illegal data, commands, programs, etc. into the Service or software required for using the Service.
    • Any act that violates the usage method of this service as stipulated by our company.
    • Any act that violates the matters that the Company requires you to comply with as necessary for the smooth operation of the Service.
    • In addition to the above, any other actions that the Company determines may hinder the smooth operation of the Service.

Chapter 4 Handling of Data and Information

Article 11 (Confidentiality)

  1. The Company and the User shall keep confidential any information that the Company or the User has learned through the Terms of Use and that the Company or the User has disclosed, whether in writing, orally, or by any other means, with a clear indication that the information is confidential (hereinafter referred to as "Confidential Information"), and shall not disclose, provide, or leak such information to a third party without the prior written consent of the other party, nor shall the Confidential Information be used for any purpose other than the exercise of rights or performance of obligations under the Terms of Use. However, if a legally binding disclosure request is made by a public institution, the Company may disclose such information to the extent that it complies with the request, provided that the requester is notified promptly.
  2. Information that falls under any of the following (1) to (5) shall not be considered confidential information.
    • Information already held by the recipient at the time of disclosure
    • Information that the recipient has independently generated without relying on the confidential information
    • Information publicly available at the time of disclosure
    • Information that becomes publicly known after disclosure through no fault of the recipient
    • Information disclosed by a legitimate third party without any obligation to maintain confidentiality
  3. The confidentiality obligation shall continue for one year after the termination of the Service Agreement.

Article 12 (Handling of Personal Information)

If the Company acquires personal information of users in connection with the Service, the Company will comply with the Personal Information Protection Act and related guidelines, etc., and will handle such personal information in accordance with the " Privacy Policy (Personal Information Protection Policy) " separately established by the Company, within the scope of the purposes of use set out in the said Privacy Policy, and users agree that the Company will handle their personal information in accordance with this Privacy Policy.

Article 13 (Information about usage status)

The Company may use or utilize information regarding usage status obtained in the course of providing the Service, the load on the Company's facilities, etc., and other information regarding the User's use of the Service, for the purposes of developing its own services, improving the quality or functionality of the Service, and obtaining statistical information.

Article 14 (Intellectual Property Rights)

All intellectual property rights related to the Service (including, but not limited to, all text, logos, images, product designs, screen designs, trademarks, displays, shapes, and intellectual property rights related thereto on websites related to the Service, our homepage, other web pages managed by our company, or materials distributed by our company, and in our products) belong to our company or third parties from whom our company has permission to use them, and users shall not engage in any acts that infringe these intellectual property rights.

Chapter 5: About this Sales Agreement

Article 15 (Conclusion of this Purchase and Sale Agreement)

  1. Users can use this service to purchase our products.
  2. If a user wishes to purchase our products, they must apply for purchase in accordance with the method specified by our company.
  3. This sales contract will be established between the user and our company at the time when our company sends a notice to the user that we accept the application in the preceding paragraph.
  4. If we determine that an application to purchase our products has been made by a user who has previously violated these Terms and Conditions or the "Purchase Conditions," we may refuse to accept the application for this Sales Agreement, and we are not obligated to disclose the reason for refusal to accept to the applicant.
  5. The sales price of our products in this sales contract will be the price at the time this sales contract is concluded. Even if the sales price of our products changes after this sales contract is concluded, we will not be able to accept returns or refunds.

Article 16 (Transfer of Ownership)

The ownership of our products will be transferred to the user at the time when we deliver our products to the delivery company for which this sales contract has been concluded. We will not be liable for any loss, damage, or other damage to our products that occurs after that point.

Article 17 (Exchange or return of our products)

Exchange or return of our products is subject to the terms and conditions set out in clauses 7 to 13 of the " Conditions of Purchase ".

Article 18 (Cancellation of this Sales Agreement)

  1. If the User falls under any of the items in paragraph 3 or 4 of the " Purchase Conditions ," the Company may cancel this Sales Agreement without notice.
  2. Even if the Company terminates this Purchase and Sale Agreement pursuant to Paragraph 1 of this Article, this shall not prevent the Company from claiming damages against the User.

Chapter 6 Disclaimer/Liability etc.

Article 19 (Self-responsibility)

If a user causes damage to a third party (whether domestic or foreign; the same applies hereinafter in this Article) through reasons attributable to the user in connection with the use of this service, or if a third party makes a claim, etc. against the user, the user shall handle and resolve such claim, etc. at the user's own responsibility and expense. The same shall apply if the user suffers damage from a third party through the use of this service, or makes a claim, etc. against a third party.

Article 20 (Compensation for damages)

The extent of our liability to the user in relation to the Service Agreement, etc. or this Purchase Agreement shall be limited to ordinary damages excluding lost profits, regardless of whether such liability is based on breach of contract, tort liability, or any other legal cause of action. However, this exemption from liability shall not apply in the event of willful misconduct or gross negligence on the part of our company.

Article 21 (Disclaimer)

  1. Notwithstanding the provisions of the preceding Article, the Company shall not be obligated to compensate the User for any damages incurred by the User due to the following reasons, regardless of the legal basis for the claim.
    • Damage caused by force majeure such as natural disasters, disturbances, riots, etc.
    • Damages caused by failure of the user's equipment or failure of the user's connection environment, including malfunctions of the internet connection service to our equipment in order to provide this service.
    • Damages caused by the performance of the internet connection service, such as response time from our equipment.
    • Damages resulting from the intrusion of a type of computer virus into our equipment for which the third party has not provided virus patterns, virus definition files, etc., regarding computer virus protection software that our company has installed from a third party.
    • Damages caused by unauthorized access or attacks by third parties to our equipment, or interception of communications routes, which cannot be prevented even with the carefulness of a good manager.
    • Damages caused by the user not complying with the procedures and security measures established by our company
    • Damages caused by defects in the telecommunications services provided by telecommunications carriers
    • Any other damages caused by reasons beyond the control of our company

Chapter 7 Survival and Termination of the Service Agreement

Article 22 (Validity Period of Contract)

  1. The Service Agreement shall remain in effect for one year from the date on which the Service Agreement is established pursuant to the provisions of Article 3.
  2. Notwithstanding the provisions of the preceding paragraph, if the Company does not notify the User or the User does not notify the Company that the Service Agreement will terminate upon the expiration of the period set forth in the preceding paragraph at least one month prior to the expiration of such period, the Service Agreement will be automatically renewed for another year, and the same shall apply thereafter.

Article 23 (Cancellation)

The User may cancel the Service Agreement on the desired cancellation date by notifying the Company at least one month in advance. However, this will not affect the validity of the Purchase and Sale Agreement that is in effect as of the desired cancellation date.

Article 24 (Cancellation)

  1. If the Company determines that a User falls under or is likely to fall under any of the following items, the Company may immediately terminate the Service Agreement in whole or in part without prior notice or warning.
    • When you violate any provision of these Terms and Conditions or the " Purchase Conditions "
    • When there is a false fact or error in the registration information
    • When it is discovered that the user has been subject to disciplinary action such as suspension of use of the Service in the past
    • In the event of a delay in payment of the purchase price under this sales contract or other default.
    • If you repeatedly fail to receive or return the product after the conclusion of this sales contract
    • When the User suspends or becomes unable to make payments, or when a petition is filed against the User for the commencement of bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, special liquidation proceedings, or any other similar proceedings.
    • When the user does not contact or respond to an inquiry or other request for a response from our company for 30 days or more.
    • When the Company determines that it is inappropriate to provide the Service to you.
  2. Even if the Company terminates the Service Agreement based on Paragraph 1 of this Article, this shall not prevent the Company from claiming damages against the User.

Article 25 (Exclusion of Anti-Social Forces)

  1. The User and the Company shall guarantee to the other party all of the following matters:
    • You are not a member of an anti-social force
    • Anti-social forces do not control their management
    • Anti-social forces are not substantially involved in the company's management
    • The user has not used anti-social forces in an unfair manner, such as for the purpose of obtaining wrongful profits for themselves, their company or a third party, or for the purpose of causing damage to a third party.
    • Not providing funds or other benefits to anti-social forces
    • In addition, the company's officers or those substantially involved in management do not have any socially reprehensible relationship with anti-social forces.
  2. If one party falls under any of the items in the preceding paragraph, the other party may terminate the Service Agreement without any notice.

Article 26 (Acceleration)

Upon termination of the Service Agreement, the User shall automatically lose the benefit of time for all debts owed to the Company and shall immediately repay such debts to the Company.

Article 27 (Survival Clause)

Even after the termination of the User Agreement, the provisions of Article 7, Paragraph 3, Article 8, Paragraph 2, Article 9, Paragraph 2, Articles 12 and 13, Articles 19 to 21, Article 26, this Article, Articles 28 to 32, and the provisions of Chapter 5 of the Purchase and Sale Agreement that has already been concluded will remain in effect.

Chapter 8 Other General Provisions

Article 28 (Notification and Contact)

  1. Notifications and contact from our company to users will be sent by email or by other methods that our company deems appropriate.
  2. When we notify a user by email, the notification will be deemed to have reached the user at the time we send the email to the user.

Article 29 (Prohibition of Transfer of Rights and Obligations)

The User may not transfer to a third party, pledge as collateral, or otherwise dispose of all or part of the rights and obligations arising from the Service Agreement, etc. or this Purchase and Sale Agreement without the prior written consent of the Company.

Article 30 (Severability)

Even if any provision or part of any provision of these Terms and Conditions is determined to be invalid or unenforceable pursuant to laws and regulations, the remaining provisions of these Terms and Conditions and the remaining part of the provision that is determined to be invalid or unenforceable shall continue in full force and effect.

Article 31 (Governing Law)

The governing law regarding the establishment, validity, performance and interpretation of the Service Agreement, etc. or this Purchase Agreement shall be Japanese law.

Article 32 (Jurisdiction)

It is agreed in advance that the Tokyo District Court shall be the exclusive court of first instance for any disputes relating to the Service Agreement, etc. or this Sales Agreement.