Terms of service

 

These terms and conditions of use (hereinafter referred to as the 'Terms and Conditions') apply to all matters between you (hereinafter referred to as the 'User') and the customer using the website SOBOKUYA Online Shop (hereinafter referred to as the 'Website') operated by Sobokuya Inc. Please read the Terms and Conditions carefully before using the Site and use it only if you agree to them. Please note that by using the Website, you are deemed to have agreed to all of these Terms and Conditions.


Article 1 Scope and modification of these Terms and Conditions

  1. The Terms and Conditions apply to the use of the services provided by the Company as set out in Article 2.
  2. The Company may amend these Terms and Conditions at its discretion without prior notice to the user. The Company may also define supplementary terms (hereinafter referred to as "Supplementary Terms") to supplement these terms and conditions.
  3. Any revision or supplementation of the Terms shall be notified to the User by posting the revised or supplemented Terms on the Website, which shall take effect from the time of posting. The user shall be deemed to have agreed to the revised Terms and Conditions without objection at the time of using the services provided by the Company as set out in Article 2 after the Terms and Conditions have been revised.


Article 2 Services provided

  1. the services provided by the Company shall be the following services (hereinafter referred to as the "Services").
    (1) Goods sales services
    (2) Information services
    (3) Various services provided by the Company
    (4) Various services incidental to the above items.
  2. The Company may revise the services at its discretion without the need to notify the User in advance.


Article 3 Definition of Users

The term 'User' refers to any individual, legal entity or other organization that uses the Services. The use of the Services shall be deemed to constitute the User's agreement to these Terms and Conditions.


Article 4 Definition of Membership

  1. 'Member' means a person who has agreed to the Terms and Conditions, has completed the prescribed procedures necessary to apply for membership on the Website and has been approved by the Company.
  2. "Member information" means information about the member and the member's transaction history and other information disclosed by the member to the Company.
  3. The Terms and Conditions apply to all members.


Article 5 Membership registration

  1. (Membership)
    Those who have agreed to these Terms and Conditions and have completed the prescribed procedures required to apply for membership on the website and have been approved by the Company are eligible for membership. The membership registration procedure shall be carried out by the user himself/herself, and registration by a representative is not permitted at all. If a corporation or other organisation registers as a member, it shall be registered in the name of the individual representative or person in charge, together with the name of the corporation or organisation. The company reserves the right to refuse membership applications from persons whose membership has been revoked in the past or from other persons whom the company considers to be unsuitable.
  2. (Membership fees)
    There are no sign up fees, annual membership fees, or other costs associated with membership.
  3. (Registration of membership details)
    During the membership registration process, please read the entry instructions carefully and enter the required information correctly in the prescribed entry form. Special symbols, Chinese characters, and Roman numerals may not be used in the registration of membership information. If these characters are registered, they will be changed by the company. Members must not register any false information, third-party information, non-existent information or any other incorrect information at the time of registration. If these irregularities are discovered even after approval of membership, the company may terminate the membership without prior notice to the member in question.
  4. (Change of membership information)
    If there is a change in the information that a member has provided to the Company, the member shall promptly notify the Company of the change by taking the prescribed steps necessary to change the registration information on the website. The Company shall not be liable for any damage caused by failure to change the registration information. In addition, even if the registration information has been changed, transactions that have already been processed before the change of registration information shall be carried out based on the information before the change of registration information.


Article 6 Handling of member information

  1. the company and the website shall handle members' personal information in accordance with the separately defined 'Privacy Policy'.
  2. In principle, the Company shall not disclose member information to third parties without the prior consent of the member. However, the Company may disclose member information and other user information without the prior consent of the member in the following cases.
    (1) If disclosure is required by law.
    (2) If the Company deems it necessary to protect the Company's rights, interests, reputation, etc.
  3. The Company shall be able to provide information (including advertisements) by means of e-mail newsletters and other methods to members who have requested it. The Company shall ask members to indicate whether or not they wish to receive information by using the methods specified by the Company on the Website. However, the provision of information necessary for the operation of the site cannot be stopped at the request of the member.


Article 7 Management of member information

  1. the company grants a member ID and password to the member after registration. The member ID and password can be changed at the member's discretion.
  2. The member ID can be substituted by the email address registered by the user at the time of membership registration (hereinafter referred to as "registered email address"), and "member ID" in these Terms and Conditions shall encompass "member ID" and "registered email address".
  3. Member shall be responsible for managing his/her Member ID and password and shall not lend, transfer, sell or trade them to any third party.
  4. Members shall manage their member ID and password at their own risk and the Company shall not be liable for any damage suffered by members as a result of others using their member ID and password, regardless of whether the member is negligent or not.
  5. Any declaration of intent made to the Company using the member ID and password shall be deemed to be a declaration of intent by the member himself/herself, and any payment or other payment arising therefrom shall be the responsibility of the member.
  6. If a member discovers that his/her member ID and password have been used illegally by a third party, the member shall immediately notify the Company and comply with any instructions given by the Company.


Article 8 Withdrawal from membership

If a member wishes to withdraw from membership, the member must complete the necessary withdrawal procedures on the website, and upon receipt of the withdrawal request from the member by the Company, the member shall be withdrawn. After withdrawal from membership, the member will not be able to use the member-only services that were provided prior to the withdrawal.


Article 9 Suspension of the Service, cancellation of membership registration and compensation obligations

The Company shall be entitled to suspend the Service or terminate the membership registration without prior notice to the user if any of the following items apply to the user. The user concerned shall also be liable for compensation for any damage incurred by the Company as a result of this.

(1) If the member ID and password are used illegally
(2) If you commit an act that interferes with our business, such as accessing our website and falsifying information or sending harmful computer programmes to our website, regardless of whether or not there is malicious intent.
(3) If the member commits an act that infringes on the intellectual property rights of the products handled by the company or the content on the site.
(4) If you make a false declaration when applying for membership.
(5) If there is a delay in payment or other default in relation to the service.
(6) If there are repeated returns or cancellations.
(7) If there is an act that falls under Article 18 (Prohibited Matters).
(8) If you are found to belong to or be related to anti-social forces, or if you are found to have transactions with anti-social forces.
(9) If you have committed any other acts in breach of these Terms and Conditions
(10) If you are otherwise deemed unsuitable as a member or user of the site by the Company.


Article 10 Formation of the purchase contract

  1. the purchase contract between the user and the website shall be concluded upon receipt of the order information from the user by the website.
  2. Underage customers must obtain the consent of their parents or a person with parental authority before placing an order. 3 After the conclusion of the sales contract, the Company shall specify the time when the user places the order.
  3. After the conclusion of the sales contract, the Company may invoice the user for the price based on the sales contract concluded between the user and the Site (hereinafter referred to as the 'price') using the payment method specified in Article 13, which the user specified at the time of ordering.


Article 11 Cancellation of the contract

  1. the company may cancel the contract in the following cases, even after the conclusion of the purchase contract. In such a case, the Company shall assume no liability whatsoever for any damage resulting from the cancellation of the contract.
    (1) If the user has not completed payment of the full amount due within the specified period.
    (2) If the credit card company designated by the user is informed of a credit card credit default.
    (3) If the goods ordered are out of stock and the subsequent arrival schedule is undecided.
    (4) If the goods are damaged, faulty or otherwise defective before delivery and there is no stock available to replace them and the arrival schedule is undecided.
    (5) When the manufacturer or supplier discontinues production of the product or otherwise makes it impossible to supply the product.
    (6) When it is impossible to deliver the goods due to other circumstances.
  2. The Company may cancel the contract in the following cases, even after the conclusion of the sales contract. In such a case, the actual costs incurred up to the point at which the contract is cancelled shall be invoiced to the user.
    (1) If the product cannot be delivered due to an unknown delivery address, long-term absence or refusal to receive the product.
    (2) When it is acknowledged that the user belongs to or is related to anti-social forces, or when it is acknowledged that the user has transactions with anti-social forces.
    (3) In the event of any other fraudulent or inappropriate acts in the use of the service.


Article 12 Selling prices, etc.

  1. The selling price of each product and the shipping costs of the products are indicated on each product page. 4 The selling price of the products and the shipping costs of the products indicated in the preceding paragraph include consumption tax.
  2. The selling price of the products and the shipping costs of the products indicated in the preceding paragraph include consumption tax.
  3. The selling price of the products and the shipping costs of the products shall be changed without prior notice to the user.
    The Company may change the selling price of the products and the delivery costs of the products without prior notice to the User. Even if either or both the selling price or the shipping costs of the products are changed after the conclusion of the sales contract, the user shall pay the price as of the conclusion of the sales contract, and the Company shall not claim the difference from the user or refund the difference to the user.


Article 13 Time and method of payment of the price

  1. the user shall be able to select the settlement method set out in the following items at the time of purchase of the product.
    (1) Credit card payment
    (2) Bank transfer
    (3) Other payment methods that the Company will newly provide in the future.
  2. The Company may add or delete the payment methods set out in the items of the preceding paragraph.
  3. If the user selects credit card payment and the credit card company designated by the user informs the user that the credit card is in default, the Company shall be able to request payment by other payment methods from the user.


Article 14 Delivery of goods

  1. For all orders, the goods shall be delivered by the delivery company specified by us. The delivery company shall be selected at the discretion of the Company, taking into account the size, weight and nature of the goods. The user cannot specify the delivery company.
  2. Before placing an order, please make sure to check the 'List of islands and additional delivery areas' and confirm whether the customer's delivery area is an island or not. If it is a remote island, a flat rate of 10,000 yen times the number of items ordered will be charged for additional shipping. However, additional delivery charges for the delivery of large items (total of length, width and thickness of 3 sides is 2000 mm or more) will be quoted separately. Please refer to the price guide for details.
    Please note that it may take some time for us to confirm this before shipping. Please understand this in advance.
  3. Products are only delivered within Japan. Even within Japan, delivery may not be possible to remote islands and some other areas. If an order is placed to an area where delivery is not possible, the order shall be treated as cancelled and a refund shall be made. The customer shall be responsible for bank transfer charges for refunds.
  4. In the case of multiple deliveries in one order, delivery time, date and delivery service may vary from product to product due to different delivery sources depending on the product, stock availability and nature of the product.
  5. Once dispatch of the goods have been arranged, we cannot accept any change of delivery address from the user for any reason or under any circumstances.
  6. The user may specify that the goods are to be delivered to a place other than the user's own place of residence. However, if the user does not receive the goods themselves, they must inform the recipient of the delivery address in advance that the goods will be delivered by the Company and ensure that the delivery is carried out without delay. If a product is returned to the Company for reasons attributable to the user or recipient, such as refusal to receive the product or long-term absence, and the product is delivered again at a later date, the user shall pay the actual delivery costs for the return and re-delivery to the Company.
  7. If the user is not available on the delivery date and a 'notice of absence' from the delivery company has been posted, the user shall arrange for re-delivery with the delivery company concerned himself. Re-delivery may incur additional costs. Please note that the customer is responsible for any additional costs incurred after shipment from our company.
  8. If installation delivery (with or without assembly) is used, we will inform you of the earliest possible delivery date and the date by which the delivery date can be changed. If the date or time is changed after the changeable date, if you are not present at the time of the visit, or if the delivery or installation work cannot be carried out due to building or room conditions or circumstances at the time of the visit and the goods are brought back, the delivery will be re-delivered according to the delivery company's regulations and you shall be charged for the re-delivery costs as stipulated by us.
  9. The Company shall not be liable for any direct or indirect damage to the User due to a delay in the delivery of the goods, regardless of the reason for the delay. The number of days required may vary depending on the contents of the order, New Year's Eve, Golden Week and summer holidays. For confirmation of delivery times etc., please contact us via the enquiry page.


Article 15 Returns and exchanges

  1. the user shall not be able to change to another product, change specifications, cancel, or return or exchange products for the user's own reasons after the conclusion of the sales contract for all orders.
  2. If the goods delivered to the user are damaged or incorrectly supplied, the user shall inform the Company of the details from the Website within five days of receipt of the goods. If we are notified within this period and the damage or wrong product is deemed to be our fault, we will replace the product with a new one of the same type. In this case, the Company shall bear the shipping costs and other expenses for the exchange. However, this will only apply if the product is returned to the address indicated by the Company using the return slip and delivery company specified by the Company. If you do not follow our instructions, we shall not bear any costs incurred in returning the goods.
  3. If the damage to the goods can be remedied by replacing parts, we will only replace the parts.
  4. When replacing a product in accordance with the preceding paragraph, we shall not replace the product but refund the money if the product to be replaced falls under any of the following items. In such a case, the price paid shall be refunded by bank transfer or other method depending on the timing of the refund, and the Company shall inform the member of the refund method by e-mail prior to the refund.
    (1) If the product is out of stock and the subsequent arrival schedule is undecided.
    (2) If the product is damaged, broken or otherwise defective before delivery, and there is no replacement stock and the arrival schedule is undecided.
    (3) When the manufacturer or supplier discontinues production of the product or otherwise makes it impossible to supply the product.
    (4) When it is impossible to deliver the goods due to other circumstances.
  5. If the user suffers damage due to our company's negligence, our company's liability for compensation shall be limited to the amount of actual damage that would normally be considered to arise from the negligent act in question, and in any case up to the total amount of the product price and shipping costs for the order in question (including consumption tax).


Article 16 Copyright, etc.

  1. The user may not use or publish any information, including copyrighted works, provided through the website beyond the scope of the user's personal use as stipulated in the Copyright Act and other laws.
  2. In the event of a breach of the provisions of this article and a problem relating to intellectual property rights such as copyrights, the user shall resolve the problem at his/her own expense and responsibility. The user shall not cause any inconvenience or damage to the Company and, in the unlikely event that the Company suffers damage, the user concerned shall be liable to compensate the Company for any damage suffered as a result.


Article 17 Management of access information

  1. In the operation of the Website, the Company may collect user access information by using cookies, etc. in relation to the user's access history. The purpose of this is limited to the provision of services to users, future service improvements and the distribution of behaviorally targeted advertising, and is not collected or used for the collection of information that identifies individuals or for any other purpose.
  2. The use of the Service may be restricted if the User has set his/her web browser to reject cookies.


Article 18 Prohibitions

When using the Services, the User shall not perform any of the following acts.

(1) Acts that violate or may violate laws and regulations or these Terms and Conditions.
(2) Acts that damage or may damage the rights, interests or reputation of other users, third parties or the Company.
(3) Criminal acts, acts that offend or may offend public order and morals.
(4) Acts that interfere or may interfere with the operation or business of the Website.
(5) Acts that involve utilizing the service by fraudulently using a third party's personal information or false information.
(6) Acts of misuse of member IDs and passwords.
(7) Acts of lending or transferring member IDs and passwords to third parties, or sharing them with third parties.
(8) Any other acts that the Company deems inappropriate.


Article 19 Suspension and cessation of service, etc.

  1. In order to keep the Service in good working order, the Company may, without notice, suspend all or part of the Service in one of the following cases.
    (1) When necessary for regular or emergency maintenance of the system.
    (2) When the system is overloaded
    (3) If system operation becomes difficult due to fire, power failure, sabotage by third parties, etc.
    (4) In any other case where the Company deems it necessary to suspend the system.
  2. The Company shall not be liable for any and all damages caused by the User's inability to use the Service during the period when the Service is wholly or partially suspended.


Article 20 Other disclaimers

  1. In providing the Service, the Company shall not be liable for any system interruption, delay, discontinuation or loss of data due to communication line or computer failure, damage caused by unauthorized access to data, or any other damage, loss or disadvantage caused to the user in connection with the use of the Service. The Company shall not be liable for any damage, loss or disadvantage incurred by the user in connection with the use of the Service.
  2. The Company will do its utmost to ensure that emails and contents sent from the Company's web pages, servers, domains, etc. do not contain computer viruses or other harmful content. The Company shall assume no responsibility whatsoever for any damage, loss, disadvantage, etc. incurred by the user as a result of such harmful content.
  3. The Company shall not be liable for any damage, loss or disadvantage caused by the user's violation of these Terms and Conditions.
  4. The Company may change, delete or add to the structure of the Website, each content, each page, each service, products and other information at any time at the discretion of the Company.
  5. The User shall bear all costs related to the preparation and installation of computer equipment and telecommunications equipment required to use the Service, as well as all communication charges such as internet connection fees, line usage fees, etc., and shall use the Service within the scope of his/her own responsibility.
  6. If the user's data is lost or becomes illegible due to malfunction or trouble with the Company's computer equipment or telecommunications equipment used to provide the Service, or due to a communication line failure, the Company may immediately and unconditionally cancel or terminate the sales contract without notice to the user and suspend the provision of the Service. The Company shall be able to immediately cancel or terminate the sales contract and suspend the provision of the Service without the need to notify the user.
  7. If we are obliged to notify the user, we shall fulfill this obligation by notifying the user based on the user's pre-registered information. In addition, the Company shall be exempt from liability for all notifications and other necessary procedures based on the user's registration details.
  8. When changing the member ID or password at the request of the user, the Company shall be exempted from liability for any problems that may arise as a result of the change, by verifying the identity of the user in the manner prescribed by the Company.
  9. If a user causes damage to a third party by using the service, the user shall settle the matter at his or her own responsibility and expense, and the Company shall bear no responsibility whatsoever.


Article 21 Governing law, court of jurisdiction

  1. The formation, validity, performance and interpretation of these Terms and Conditions shall be governed by the laws of Japan.
  2. If any problem arises in relation to the use of the Services that cannot be resolved under these Terms and Conditions, the User and the Company shall discuss and resolve the problem in good faith.
  3. In the event that litigation becomes necessary in relation to these Terms and Conditions, the Tokyo District Court and the Tokyo Summary Court shall have exclusive jurisdiction as the court of first instance.
  4. In cases of discrepancy between the Japanese version of the Terms of Service and the English version of the Terms of Service, the Japanese version shall prevail.

 

Effective Date: June 28, 2023