These Terms of Use (hereinafter referred to as the "Terms") set forth the conditions for using the online shop (hereinafter referred to as the "Service") provided by Blue Monte (hereinafter referred to as the "Company") on this website. Registered users (hereinafter referred to as "Users") shall use the Service in accordance with these Terms.
Article 1 (Applicability)
1. These Terms shall apply to all relationships related to the use of the Service between the User and the Company.
2. In addition to these Terms, the Company may establish various rules and provisions for using the Service (hereinafter referred to as the "Specific Provisions"). Regardless of their name, these Specific Provisions shall constitute part of these Terms.
3. If the provisions of these Terms conflict with the provisions of the Specific Provisions in the preceding paragraph, the provisions of the Specific Provisions shall prevail unless otherwise specifically provided in the Specific Provisions.
Article 2 (User Registration)
1. In the Service, user registration shall be completed when an applicant for registration agrees to these Terms, applies for user registration using the method prescribed by the Company, and the Company notifies the applicant of its approval of the application.
2. If the Company determines that an applicant for user registration has any of the following circumstances, the Company may not approve the application for user registration and shall not be obligated to disclose any reason therefor.
If the applicant provided false information in the application for user registration
If the applicant has violated these Terms
If the Company otherwise determines that user registration is inappropriate
Article 3 (Management of User ID and Password)
1. The User shall manage the User ID and password for the Service at their own responsibility.
2. The User shall not, under any circumstances, transfer or lend the User ID and password to a third party or share them with a third party.
3. If the Company is logged in using a combination of a User ID and password that matches the registered information, the Company shall deem the use to be by the User who registered the User ID.
4. The Company shall not be liable for any damages resulting from the use of the User ID and password by a third party, except in cases of intentional misconduct or gross negligence by the Company.
Article 4 (Sales Contract)
1. In the Service, a sales contract shall be formed when the User submits a purchase application to the Company and the Company notifies the User that it has accepted the application. The ownership of the product shall transfer to the User when the Company delivers the product to the shipping carrier.
2. The Company may cancel the sales contract set forth in the preceding paragraph without prior notice to the User if the User falls under any of the following circumstances.
If the User violates these Terms
If the delivery of the product cannot be completed due to an unknown delivery address or prolonged absence
If the Company otherwise deems that the relationship of trust between the Company and the User has been damaged
3. Payment methods, shipping methods, cancellation methods for purchase applications, return methods, etc. related to the Service shall be governed by the methods separately prescribed by the Company.
Article 5 (Intellectual Property Rights)
The copyright or other intellectual property rights in product photos and other content (hereinafter referred to as "Content") provided through the Service belong to the Company, the content provider, and other legitimate rights holders, and the User may not reproduce, republish, modify, or otherwise use them without permission.
Article 6 (Prohibited Acts)
Users shall not engage in any of the following acts when using the Service.
Acts that violate laws or public order and morals
Acts related to criminal activities
Acts that infringe upon copyrights, trademark rights, or other intellectual property rights included in the Service
Acts that destroy or interfere with the functions of the Company's servers or networks
Acts that commercially use information obtained through the Service
Acts that may interfere with the operation of the Company's Service
Unauthorized access or attempts to gain unauthorized access
Acts that collect or accumulate personal information or other information regarding other Users
Acts that impersonate other Users
Acts that directly or indirectly provide benefits to anti-social forces in connection with the Company's Service
Other acts that the Company deems inappropriate
Article 7 (Suspension of Provision of the Service, etc.)
1. If the Company determines that any of the following circumstances exist, it may suspend or interrupt the provision of all or part of the Service without prior notice to the User.
When performing maintenance or updates of the computer system related to the Service
When the provision of the Service becomes difficult due to force majeure such as earthquakes, lightning strikes, fires, power outages, or natural disasters
When computers, communication lines, etc. are suspended due to accidents
Other circumstances where the Company determines that the provision of the Service is difficult
2. The Company shall not be liable for any disadvantage or damage suffered by the User or a third party due to the suspension or interruption of the provision of the Service, regardless of the reason.
Article 8 (Restrictions on Use and Deletion of Registration)
1. If any of the following circumstances occur, the Company may, without prior notice, restrict all or part of the User's use of the Service or delete the User's registration.
If the User violates any provision of these Terms
If it is discovered that the registered information contains false facts
If the credit card registered by the User as a payment method is suspended
If there is a default on payment obligations such as fees
If there is no response to the Company's contact for a certain period
If there has been no use of the Service for a certain period since the User's last use
Other circumstances where the Company determines that the use of the Service is inappropriate
2. The Company shall not be liable for any damage suffered by the User due to any action taken by the Company pursuant to this Article.
Article 9 (Withdrawal)
Users may withdraw from the Service through 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, whether actual or legal (including, but not limited to, defects, errors, or bugs related to safety, reliability, accuracy, completeness, effectiveness, fitness for a particular purpose, security, etc., or infringement of rights).
2. The Company shall not be liable for any damage suffered by the User due to the Service. However, if the contract between the Company and the User regarding the Service (including these Terms) constitutes a consumer contract under the Consumer Contract Act, this disclaimer shall not apply; even in such cases, the Company shall not be liable for any special damages arising from the Company's breach of contract or tortious acts due to negligence (excluding gross negligence) that cause damage to the User (including damages that the Company or the User foresaw or could have foreseen at the time of the occurrence of the damage).
3. The Company shall not be liable for any transactions, communications, disputes, etc. that arise between the User and other Users or third parties in connection with the Service.
Article 11 (Changes to Service Content, etc.)
The Company may change the content of the Service or discontinue the provision of the Service without notifying the User, and shall not be liable for any damage suffered by the User as a result.
Article 12 (Changes to the Terms of Use)
The Company may change these Terms at any time without notifying the User if it deems such changes necessary. If a User begins using the Service after these Terms have been changed, the User shall be deemed to have agreed to the changed Terms.
Article 13 (Handling of Personal Information)
The Company shall appropriately handle personal information obtained through the use of the Service in accordance with the Company's "Privacy Policy". Furthermore, by agreeing to these Terms of Use, the User shall be deemed to have agreed to the Privacy Policy.
Article 14 (Notices or Communications)
Notices or communications between the User and the Company shall be made using the method prescribed by the Company. Unless the User has submitted a change notification in accordance with the method separately prescribed by the Company, the Company shall deem the currently registered contact information to be valid and send notices or communications to that contact information, which shall be deemed to have reached the User at the time of transmission.
Article 15 (Prohibition of Assignment of Rights and Obligations)
The User may not transfer or provide as collateral their status under the user agreement or their rights or obligations under these Terms to a third party without the prior written consent of the Company.
Article 16 (Governing Law and Jurisdiction)
1. Japanese law shall be the governing law for the interpretation of these Terms. Furthermore, the United Nations Convention on Contracts for the International Sale of Goods shall not apply to the Service.
2. If a dispute arises regarding the Service, the court having jurisdiction over the location of the Company's head office shall be the exclusive agreed jurisdiction.
