All users, whether members or non-members ("Users"), who view or make purchases on the Online Store shall use the Online Store in accordance with these Terms.
Article 1 (Applicability)
Users agree to comply with these Terms when ordering products from Edo Tokyo Kirari using the Online Store.
In addition to these Terms, Digital Studio may set forth the rules and regulations ("Individual Regulations") for the use of the Online Store. Individual Regulations shall constitute a part of these Terms regardless of their name.
In the event of contradictions between the regulations in the these Terms and the Individual Regulations, Individual Regulations shall take precedence unless otherwise specified in the Individual Regulations.
Article 2 (Registration for Use)
Registration for use of the Online Store shall be completed when Users submit an application to Digital Studio in the method specified by Digital Studio, agree to these Terms and Digital Studio notifies its approval of their application.
When Digital Studio determines that any of the following items applies to the applicant, Digital Studio may disapprove the application for registration. In such cases, Digital Studio shall not be obliged to disclose the reason therefor.
False information has been reported in the application for registration for use
The application has been made by a person who has violated these Terms
Digital Studio has otherwise deemed that registration for use would not be appropriate
Article 3 (Management of User IDs and Passwords)
Users shall bear personal responsibility for managing their user IDs and passwords for the Online Store.
Under no circumstances may Users transfer or lend their user IDs and passwords to a third party, or share them with a third party. If a combination of user ID and password matches registered information and has been used to log in, Digital Studio shall deem the use of the Online Store to be performed by the user with whom that user ID is registered.
Digital Studio shall bear no liability for any damages resulting from the use of a user ID and password by a third party, except in the event of intentional or gross negligence by Digital Studio.
Article 4 (Conclusion of Sales Agreements)
A Sales Agreement shall be concluded when Users request for purchase from Digital Studio via the Online Store and Digital Studio provides notification of the acceptance of such request. Ownership of the products and responsibility for risk concerning the products shall be transferred to the User at the time that Digital Studio delivers the products to a delivery company.
Digital Studio may cancel the sales agreement set forth in the preceding paragraph without prior notification to the User if any of the following items applies to the User:
The User has violated these Terms
Delivery of the products has not been completed due to an unknown delivery address or prolonged absence
The User has committed an action that corresponds to a prohibited item under Article 6.
Payment cannot be confirmed due to delay or default of payment obligation for the transaction, etc.
Credit card payment has been requested but cannot be settled
The order has been placed by a User under the age of 18 without the consent of guardians
The ordered products are out of stock and the schedule for subsequent arrival of stock has not been determined
Damage, malfunction, or other defect has occurred to the products before their delivery, replacement stock is not available, and the schedule for arrival of stock is not determined
The products cannot be supplied due to discontinued production, etc.
A relationship of trust between Digital Studio and the User is otherwise recognized as having been lost
Methods of payment, methods of delivery, methods of cancelling purchase orders, methods of returning products, etc. pertaining to the Online Store shall be set forth separately by Digital Studio.
Article 5 (Intellectual Property Rights)
Copyrights and other intellectual property rights to product photos and other content provided on the Online Store ("Content") shall belong to Digital Studio, its providers, and other legitimate rights holders. Users may not duplicate, reprint, modify, or otherwise make secondary use of these without permission.
Article 6 (Prohibited Acts)
Users may not perform the following acts when using this Online Store:
Acts that violate laws or public order and morals
Acts related to criminal acts
Acts that infringe upon copyrights, trademarks, or other intellectual property rights contained in the Online Store
Acts that would disrupt or interfere with the functionality of Digital Studio's servers or networks
Commercial use of information obtained from the Online Store
Acts that may interfere with the business of Digital Studio
Unauthorized access or acts of attempted unauthorized access
Collection or accumulation of personal information pertaining to other Users
Impersonating another User
Application for membership registration based on false registration information
Order placement based on false information or order placement based on the membership qualifications of another person
Improper use of credit cards
Acts that directly or indirectly benefit antisocial forces, in conjunction with services of Digital Studio
Other acts deemed to be inappropriate by Digital Studio
Article 7 (Suspension of Provision of the Online Store, etc.)
Digital Studio may suspend or discontinue the provision of the Online Store, in whole or in part, without prior notice to Users, if any of the following applies:
When maintenance or updates are being performed on computer systems involved in the Online Store;
When provision of the Online Store becomes difficult due to earthquake, lightning, fire, power outage, natural disaster, or other force majeure event;
When computer or telecommunication lines are halted due to an accident; and
Other events where Digital Studio determines that providing the Online Store is difficult
Digital Studio shall be liable for any disadvantages or damages incurred by Users or third parties due to the suspension or interruption of the Online Store, regardless of reason.
Article 8 (Restriction of Use and Deletion of Registration)
Digital Studio may limit the use by the User of all or a portion of the Online Store or revoke the registration of a User without prior notice if any of the following applies to the User:
When any of the conditions in these Terms are violated
When it is discovered that false information was provided for registration
When the User's credit card which has been selected as the payment method is suspended
When the User fails to fulfil payment obligations, such as fees
When there has been no response to contact from Digital Studio for a certain period of time
When a certain period of time has elapsed since the User's last use of the Online Store
When there is a late payment or non-fulfilment of other obligations
When repeated acts of product returns or cancellations have occurred
When other actions Digital Studio deems inappropriate for the use of this Online Store have occurred
Digital Studio shall bear no liability for any damage caused to Users due to actions taken by Digital Studio in conjunction with this Article.
Article 9 (Withdrawal of Membership)
Users may withdraw from membership of the Online Store by following the prescribed membership withdrawal procedures.
Article 10 (Disclaimer of Warranty and Exemption Clause)
Digital Studio makes no guarantee regarding a lack of de facto or legal defects in the Online Store (including defects involving safety, reliability, accuracy, completeness, efficacy, fitness for particular purpose, security, etc., or errors, bugs, or infringement of rights, etc.).
Digital Studio shall bear no responsibility for any damages incurred by Users due to the Online Store.
In the event that an agreement between Digital Studio and a User pertaining to the Online Store (including these Terms) constitutes a consumer contract as set forth in the Consumer Contract Act, the provisions of Article 7 Paragraph 2, Article 8 Paragraph 2, Article 10 Paragraph 2, and Article 11 shall not apply. However, even in such cases, among the damages incurred by the User due to tort or a default on obligations caused by negligence (with the exception of gross negligence) on the part of Digital Studio, Digital Studio will bear no liability for damages attributable to special circumstances (including in cases in which Digital Studio or the User could have foreseen the occurrence of damages).
Digital Studio shall bear no responsibility for any transactions, communications, or disputes that occur between a User and other Users or third parties in conjunction with the Online Store.
Article 11 (Modifications to Service Content, etc.)
Digital Studio may change, add to, or suspend the offering of content of the Online Store, in whole or in part, without prior notification to the Users. Digital Studio shall be exempt from any damages incurred by Users in doing so.
Digital Studio may modify these Terms at any time. In the event that these Terms are revised, Users shall be deemed as having consented to the revised Terms when they use this Online Store after the revision.
Article 13 (Handling of Personal Information)
Article 14 (Notification or Contact)
Notifications or contact between Users and Digital Studio shall be conducted through methods specified by Digital Studio. In the absence of notification of changes from a User via the methods set forth separately, Digital Studio shall consider currently registered contact information to be valid, shall conduct notification or contact using that contact information, and upon performing said communication, shall deem said communication to have reached the User.
Article 15 (Prohibition of Transfer of Rights and Obligations)
Users may not transfer status under the usage agreement, or rights or obligations based on these Terms, to a third party, or provide the same as collateral, without the prior written consent of Digital Studio.
Article 16 (Governing Law and Court of Jurisdiction)
Interpretation of these Terms shall conform to Japanese law. The United Nations Convention on Contracts for the International Sale of Goods shall not be applicable to the Online Store.
In the event of dispute pertaining to the Online Store, the Tokyo District Court shall be the exclusive court of first jurisdiction.