Article 1 (Introduction)
1. These Terms of Use stipulate the basic terms of use for the fashion e-commerce site Randy (hereinafter referred to as "this site") operated by toiro Co., Ltd. (hereinafter referred to as "our company"). Members shall use this site only after agreeing to these Terms of Use and all of the help and usage guides for using this site stipulated by our company. Our company will assume that members have agreed to the contents of these Terms of Use when they use this site.
2. In the event of a discrepancy between the provisions of these Terms of Use and any individual terms of use (including help and guides regarding use of this site, hereinafter referred to as the "Individual Terms of Use"), the provisions of the Individual Terms of Use shall take precedence over these Terms of Use.
Article 2 (Definitions)
In these Terms of Use, the following terms shall have the following meanings:
(1) "This Site" refers to the fashion e-commerce site Randy operated by our company.
(2) "Terms of Use, etc." These Terms of Use and Individual Terms of Use
(3) "This Service" The service provided by the Company to Members in accordance with the Terms of Use, etc.
(4) "Member": An individual or corporation that agrees to the Terms of Use and other terms with the Company and receives the Service.
(5) "Password" is a string of letters and numbers that is used in combination with an email address to authenticate a member when logging in.
(6) "Anti-social forces" refers to designated crime groups, members or associates of organizations related to designated crime groups, and other anti-social organizations that conduct activities against the public welfare.
Article 3 (Notice)
1. Unless otherwise specified in the Terms of Use, etc., notices from our company to members will be given by a method that our company deems appropriate, such as by email, in writing, or by posting the notice on this website.
2. In accordance with the provisions of the preceding paragraph, when the Company gives a notice to a Member by sending an email or posting on this Site, such notice to the Member shall be effective from the time when the email is sent or when the notice is posted on this Site, respectively.
Article 4 (Membership Registration)
1. A person who wishes to become a member (hereinafter referred to as "Applicant") shall apply for membership in a manner specified by the Company, and membership registration shall be established when the Applicant applies for membership in a manner specified by the Company and the Company sends a notice of acceptance in response to the application. Applicant shall apply only after agreeing to the terms of use, etc., and the Company shall deem that the Applicant has agreed to the terms of use, etc., at the time the Applicant applies for membership in the Service.
2. When registering as a member, the member must provide accurate information. If there are any changes to the registered information of the member, the member must promptly follow the prescribed procedures.
3. Minors may not apply for registration without the prior consent of a competent legal representative.
4. Member information registered or submitted in accordance with the Terms of Use, etc., and information obtained by the Company through the Member's use of the Service, will be handled in accordance with the Company's "Privacy Policy" which is separately stipulated.
5. Notwithstanding the provisions of the preceding paragraphs and other terms of use, etc., if an applicant or member of this service falls under any of the following items, the Company may refuse the member's registration without prior notice or consent. In addition, the Company may cancel the member's registration even after it has been approved. When canceling a member's registration, all rights held by the member against the Company shall be cancelled.
(1) If the member has been suspended or expelled due to a violation of these Terms of Use, etc.
(2) When a false statement, error, or omission is made during membership registration
(3) When there is a risk of failing to fulfill obligations under the Terms of Use, etc.
(4) When the Company determines that the individual is a member or associated with an antisocial force, or is likely to be such a person.
(5) Any other case in which the Company deems the content inappropriate
Article 5 (Password Management)
1. Our company and this service are not involved in the management of the member's password. Members shall not disclose, lend, share, transfer, buy or sell their password to a third party, and shall strictly manage the password to prevent it from being leaked to a third party. Our company shall consider all use of the member's password and other actions to be use by the member.
2. We shall not be liable for any damages caused by a member's insufficient management of his/her password, errors in use, or use by a third party.
3. If a Member's password becomes known to a third party, or if the Member suspects that the Member's password is being used by a third party, the Member must immediately notify the Company and follow any instructions given by the Company. In such a case, the Company may suspend the Member's password as an unauthorized account.
4. Members are obligated to change their passwords regularly, and the Company shall not be liable for any damages incurred as a result of a Member's failure to fulfill this obligation.
Article 6 (Email newsletter, etc.)
Members agree that the Company may send to Members via email or other means information regarding the Service, notices regarding system maintenance, and other information that the Company deems appropriate.
Article 7 (Changes to Notification Items, etc.)
1. If there are any changes to the information provided to the Company when applying for membership, the Member must promptly provide such change in the form specified by the Company.
2. Any notice from our company to a member will be deemed to have been delivered to the member at the time it would normally be delivered when sent to the contact information that the member has registered with our company.
Article 8 (Withdrawal)
1. Members may cancel their membership by following the procedures specified by our company. Once the cancellation procedures have been completed by our company, their membership will be cancelled.
2. In the event that a Member dies, or there is any other reason that makes it impossible for that Member to use his/her Membership, the Company shall deem that the Member has withdrawn from the Company at that point in time, and may suspend use of the Membership Password.
Article 9 (Provision of Member Registration Information to Third Parties)
1. We may provide member registration information to a third party in the following cases:
(1) When the individual has given their consent
(2) When the Company is requested to disclose registered information by a court, the public prosecutor's office, the police, the tax office, a bar association, a consumer center, or an organization with equivalent authority, and the Company decides to comply with such request.
(3) When disclosing to an insurance company for the purposes of making an insurance claim
(4) When transferring a member's order information or application information to a contractor in order to provide products or other associated services.
(5) When disclosing to a business operator entrusted with payment settlement
(6) When we outsource all or part of our business to a third party
(7) When disclosing to a person who is bound by a confidentiality obligation to the Company
(8) When necessary to exercise our rights
(9) When disclosing to a business successor in the event of business succession due to merger, business transfer, or other reasons
(10) When permitted by the Personal Information Protection Act or other laws and regulations
(11) Any other case in which we deem disclosure appropriate
Article 10 (Changes and Suspension of the Service)
For the purpose of proper operation of the Service, the Company reserves the right to change the content or specifications of the Service, or to suspend or discontinue its provision, without prior notice to the Member. The Company shall not be liable for any damage or disadvantage suffered by the Member as a result of such change, suspension, or discontinuation.
Article 11 (Prohibited acts of members)
1. Members are prohibited from engaging in the following acts when using the Service. If any of the following items apply to a Member, the Company may unilaterally terminate the Membership.
(1) Using the Service for fraudulent purposes
(2) Any act violating intellectual property rights, portrait rights, publicity rights, or other rights
(3) Any act violating privacy
(4) Any defamatory, insulting or disruptive conduct of others
(5) Any act that may lead to crime, such as fraud
(6) Any act violating the Act on Prevention of Unauthorized Computer Access, any act that constitutes a crime of obstruction of business, such as damage to computers (Article 234-2 of the Penal Code), or any act of unauthorized operation against the computers of the Company or other persons
(7) Any act of transmitting or providing, or recommending, any harmful programs, such as computer viruses
(8) Any other criminal acts or acts violating laws and regulations
(9) Falsifying or deleting information about our company, members, or other third parties
(10) Any act of misusing the facilities of the Company, its members, or any other third party, and disrupting their operation
(11) Any business activities using the status of a member without obtaining approval from the Company
(12) Any act that violates laws, regulations, terms of use, or public order and morals
(13) Any act that interferes with the operation of the Service or damages the credibility of the Company
(14) Any other act that the Company deems inappropriate
2. If the Company suffers any damages as a result of a Member's violation of the Terms of Use, etc., the Company may claim compensation for all damages (including attorney's fees and lost profits) from the Member.
Article 12 (Scope of our responsibility)
1. We do not guarantee that the content of the Service will be free from contractual non-compliance or bugs.
2. The Company does not guarantee that the Member will not be affected by damages caused by harmful programs such as computer viruses when using the Service. Furthermore, the Company will not compensate for any damages caused by such, except for those caused by the Company's willful misconduct or gross negligence.
3. We shall not bear any communication costs or other expenses incurred when using the Service.
4. We shall not be liable for compensation for any damages incurred by a member due to force majeure such as natural disasters, commotion, riots, fires, power outages, etc., regardless of whether such liability is based on breach of contract, tort, or any other legal cause of action.
5. We shall not be liable for the accuracy or suitability for a specific purpose of any information obtained through the use of this service.
6. We shall not be liable for any damages arising from information obtained through the use of the services of this site, except for damages caused by our intentional or gross negligence.
7. If a dispute arises between a member and another member or a third party regarding the information and services provided through this site, the member shall resolve the dispute at his/her own expense and responsibility and shall not cause any damage to the Company.
8. We shall not be liable for any disputes arising in connection with the fulfillment of obligations related to transactions, such as the sale and purchase of goods, between members and third parties conducted through this site, or with respect to other transactions.
9. If all or part of the Service is lost or damaged due to force majeure as described in the preceding paragraph or other reasons not attributable to the Company, and the Company decides not to repair it, the Company may notify the Member of this and discontinue all or part of the Service.
10. In the event that our company is liable for damages, the maximum amount of payment will be limited to the sales price of the product purchased by the member.
Article 13 (Governing Law and Jurisdiction)
The establishment, effect, and interpretation of the Terms of Use shall be governed by Japanese law. Any disputes arising between our company and members or third parties in relation to the Terms of Use shall be submitted to the court with jurisdiction over our company's location as the court of first instance with exclusive jurisdiction.
Article 14 (Changes to Terms of Use, etc.)
1. The Company may change the Terms of Use at its discretion in the following cases:
(1) When the changes to the Terms of Use are in the general interest of users.
(2) When the change to the Terms of Use does not contradict the purpose of the contract and is reasonable in light of the necessity for the change, the appropriateness of the content after the change, the content of the change, and other circumstances related to the change.
2. When changing the Terms of Use pursuant to the preceding paragraph, the Company will notify users by posting on its website or by email the fact that the Terms of Use are to be changed, as well as the content of the changed Terms of Use and the date on which the changed Terms of Use will come into effect, at least one month prior to the effective date of the changed Terms of Use.
3. If a User uses the Service after the effective date of the revised Terms of Use, the User will be deemed to have agreed to the changes to the Terms of Use.
Article 15 (Terms of Use)
Even if any provision of these Terms of Use is found to be invalid, this will not affect the validity of the other provisions, which will remain valid.
Article 16 (Purchase of Products)
1. Members can use this service to purchase products, etc. from our company.
2. When a Member wishes to purchase Products, etc., he/she shall apply for the purchase or use of the Products, etc. in accordance with the method separately specified by the Company.
3. In accordance with the application in the preceding paragraph, the Member will confirm the delivery address, order details, etc. that he/she has entered and registered and then click the button to place the order. When the Member receives an email from our company confirming the order details, a sales contract for the relevant Products, etc. will be concluded between the Member and our company.
4. Notwithstanding the provisions of the preceding paragraph, if any fraudulent or inappropriate conduct is found in relation to the use of the Service, the Company may cancel or terminate the purchase and sale agreement or take other appropriate measures.
5. Delivery of products etc. through this service is limited to within Japan.
Article 17 (Returns and exchanges of products, etc.)
1. Returns or exchanges of products will be accepted only in cases where the product is damaged during delivery, does not conform to the contract, is sent by mistake, is a counterfeit, is a pirated copy, or is otherwise attributable to our company. Even if you wish to exchange a product, it may not be possible due to reasons such as a shortage of the product. In such cases, our company will refund the payment for the product.
2. The Member shall apply for the return or exchange set forth in the preceding paragraph in accordance with the procedures separately stipulated by our company, and our company shall bear all shipping costs for the products etc. related to the return or exchange.
Article 18 (Payment Method)
1. The amount to be paid for the Products, etc. shall be the total of the purchase price of the Products, etc., including consumption tax, various fees related thereto, and other costs determined by our company.
2. Payment for products purchased through this service shall be limited to payment by credit card in the member's name or any other payment method separately approved by our company.
3. In the case of payment by credit card, the member shall comply with the terms and conditions of a separate contract between the member and the credit card company. If any dispute arises between the member and the credit card company in relation to the use of the credit card, the member and the credit card company shall be responsible for resolving the dispute.
Article 19 (Disclaimer regarding Products, etc.)
1. Except as provided in the preceding article, the Company shall not guarantee or bear any responsibility for the quality, materials, functions, performance, compatibility with other products, or other defects of the Service and the Products sold through the Service, or for any damage, loss, disadvantage, etc. caused thereby.
2. In the event of a problem due to an unknown delivery address, etc., our company will fulfill its obligation to deliver the products, etc. by contacting the contact information registered by the member and delivering the products, etc. to the delivery address specified at the time of purchasing the product, and will be exempt from such obligation.
3. The Company shall not be involved in any disputes between users of the Service.
that's all
Established on July 13, 2021
For inquiries regarding these Terms of Use and this service, please contact us at the following:
Toiro Co., Ltd.
Email: info@randy-online.jp