Terms and Conditions

This Terms and Conditions (hereinafter “referred to as “this Agreement”) sets forth the Conditions of Use for the online shop (hereinafter referred to as “the Services”）provided by Dainagon Corporation (hereafter referred to as “the Company”) on this website.
Registered users (hereinafter referred to as “Users”) are required to use the Service in accordance with this Agreement.

Article 1 (Application)

This Agreement shall be applied to Users and all relations regarding the use of Services between the Companies.
With regard to this Agreement, the Company may establish various provisions such as rules, etc., for use (hereinafter referred to as “Individual Provisions”) besides this Agreement. These Individual Provisions, regardless of the name, constitute as part of this agreement.
In the event that the provisions of this Agreement contradict the provisions of the Individual Provisions in the preceding paragraph, the provisions of the Individual Provisions shall prevail, unless otherwise specified in the Individual Provisions.

Article 2 (Registration of Use)

In the Services, the applicant applies for registration using the method specified by the Company after agreeing to this Agreement. Registration shall be completed by the Company upon notification to the applicant on the approval of registration.
In the case of minors, any use of the Services shall be conducted with the consent of a legal representative. In the event that a User who has started using the Services without the consent of a legal representative reaches adulthood, he/she shall be deemed as having retrospectively approved his/her use during his/her childhood.
The Company may not approve an application for registration if the applicant has any of the following reasons and shall not be obligated to disclose any of the reasons.
1. If one claims false information when applying for registration.
2. If it is an application from a person who has already violated this Agreement.
3. In any other case if the company has otherwise determined the registration to be inappropriate.

Article 3 (User ID and password management)

Users shall manage the user ID and the password of the Services at their own risk.
In no case shall Users transfer or lend their user ID and password nor share it with any third parties. When a combination of user ID and password is logged in consistently with the registration information, the Company regard it as use by the user registered with that user ID.
The Company shall not be liable for any and all damages incurred by a third party’s use of a user ID and password, except in the case of intentional act or gross negligence of the Company.

Article 4 (Sales Contract)

In the Services, Users apply to the Company for purchase and when the Company notifies Users to approve the application upon purchase, the purchase/sales contract shall be established. The ownership of the product shall be transferred to Users when the Company delivers the product to the shipping company in Japan.
The Company may cancel the sales contract described in the preceding paragraph without prior notice to Users in the event that Users falls under any of the following circumstances. In this case, the Company shall not be obligated to refund the purchase price that has already been received.
1. If Users breach this Agreement.
2. In the event that delivery of the product is not completed due to reasons attributable to Users, such as an unknown delivery address or prolonged absence, or in the event that Users refuse to accept the product.
3. In the event that payment is not made for the product
4. In other cases where the relationship of trust between the Company and Users is deemed to have been damaged.
The payment method, delivery method, cancellation method of purchase application, and return method of the Services shall be posted on the Notification based on the Act on Specified Commercial Transactions and other places separately determined by the Company.

Article 5 (Intellectual Property Rights)

The copyrights and other intellectual property rights of product photos and other contents (hereinafter referred to as “Contents”) provided by the Services belong to the Company, Contents providers, and other legitimate right holders, and users may not reproduce, reprint, modify, or otherwise make secondary use of them without permission.

Article 6 (Prohibited Items)

Users must not engage in the following acts on using the Services:

Actions that violate laws or public order and morals.
Actions related to criminal activity.
Actions that infringe any copyrights, trademarks, or other intellectual property rights contained in the Services.
Actions that destroy or interfere with the functions of the Company’s servers or networks.
Commercial use of information obtained through the Services.
Actions which could interfere with the operation of the Company’s services.
Unauthorized access or any actions attempted to do so.
Actions which involve collecting or storing personal information about other Users.
Acts that falsely impersonate other Users.
Actions to provide benefits to antisocial forces directly or indirectly in relation to the Company’s services.
Actions to repackage and resell the purchased products.
Other actions deemed by the Company as unlawful or inappropriate.

Article 7 (Suspension of the Provision of the Services, etc.)

The Company shall be able to discontinue or cancel the provision of all or part of the Services without notifying Users in advance if judging that there is any of the following reasons.
1. When performing maintenance or update of a computer system related to the Services.
2. If the provision of the Services have become difficult on the occurrence of any event of force majeure such as an earthquake, lightening, fire, power outage, or a natural disaster.
3. If the computer or communication line, etc. is stopped due to an accident.
4. In any other case the Company determines there is difficulty in providing the Services.
On no account will the Company be liable for any losses or damages incurred by Users or any third parties due to the discontinuation or cancellation of the Services.

Article 8 (Usage Restrictions and Deregistration)

The Company shall be able to restrict Users from using all or part of the Services without prior notice or cancel registration of Users in any of the following cases.
1. In the event of a violation of any provision of this Agreement.
2. In the event that false information is found in the registration information.
3. In the event that the credit card registered by Users has been suspended.
4. In the event of default in payment of fees or other obligations.
5. In the event of no response to the contact of the Company for a certain period of time.
6. In the event the Services are not used for a determined period of time after the last use.
7. In any other cases where the Company determines that the use of the Services is not appropriate.
The Company bears no responsibility for any damages that may be incurred by Users as a result of the actions implemented in this Article.

Article 9（Withdrawal）

Users may terminate from the Service after the prescribed withdrawal procedures are completed.

Article 10 (Denial of Warranty and Disclaimer)

The Company does not guarantee that the Services is free of any defects in fact or in law (safety, reliability, accuracy, completeness, validity, compatibility with a specific purpose, security-related faults, errors and bugs, infringement of rights, etc.)
The ownership of the product shall be transferred to Users upon delivery to a shipping company in Japan. The Company shall not be liable for any deterioration in the quality of the product, late delivery, or any other problems associated with delivery due to accidents during delivery.
The Company does not guarantee the legal compliance of the Services in countries other than Japan. Users outside of Japan are responsible for confirming the laws and regulations of their own country of residence before using the Services.
Users are responsible for confirming the time required for delivery to a country other than Japan and the import customs clearance procedures in that country. We make no assurances regarding the product has not yet reached its expiration date at the time of delivery in the following cases
The Company shall not be liable for any damages incurred by Users as a result of the Services. However, if the contract between the Company and Users regarding the Services (including this Agreement) is a consumer contract as defined in the Consumer Contract Act, then this exemption clause shall not be applied. In this regard, however even in this case, the Company shall not be liable for any damages arising out of the particular circumstances of Users caused by default or failure to meet the Company’s obligations due to negligence, (excluding gross negligence) or illegal action by the Company, (Including the case where Users can foresee or predict the occurrence of damages).　Even in the event that the Company is liable for damages, the amount of such damages shall be limited to the purchase price of the individual sales contract pertaining to the occurrence of the damages.
1. If delivery takes longer than the expiration date of the product due to delivery conditions in the country concerned.
2. If delivery takes a significant amount of time due to import customs clearance procedures in the country concerned.
3. In any other case when delivery of the product is delayed due to other reasons of Users or the delivery company in the country concerned.
The Company shall not take responsible for any transactions, communications, or disputes that may arise between Users and other Users or third parties in connection with the Services.

Article 11 (Elimination of Anti-Social Forces)

The User represents and warrants that he/she does not fall under any of the following items, and will not fall under any of the following items in the future.
1. Those who (in the case of a juridical person or other organization, including executive director of his/her own) whereby five years has not passed since the time they are no longer an organized crime group, organized crime group members, and gang member for one’s self, semi-constituent members of organized crime groups, organized crime syndicate members,an extortionist threatening to disrupt shareholder meetings (Sokaiya), a miscreant advocating political activism, or a special intelligence violence crime group or the like, or any groups/people equivalent to these (hereinafter referred to as the “Member of an Organized Crime Group, etc.”)
2. In the case where the Users are juridical persons or other organizations, to have a relationship that is recognized in which a Member of an Organized Crime Group etc. controls the management.
3. In the case where the Users are juridical persons or other organizations, to have a relationship that is recognized in which an Member of an Organized Crime Group, etc. is deemed to be substantially involved in the management.
4. To have a relationship that is recognized as using Member of an Organized Crime Group, etc. such as conducting transactions for the purpose of acquiring an illicit gain for oneself or a third party or causing damage to a third party. To have a relationship that is recognized as providing funds to a Member of an Organized Crime Group, etc. or being involved in providing conveniences, etc.
5. In the case where the Users are juridical persons or other organizations, an executive of one’s own or a person deemed to be involved substantially in its management on one’s own has socially condemned relationships with a Member of an Organized Crime Group, etc.
Users shall guarantee that they will not use themselves or a third party to perform any of the following acts.
1. Violent acts of demand.
2. Unreasonable acts of demand that exceed legal responsibility.
3. Threatening words or actions or using violence in transactions.
4. Acts of spreading rumors, using deception, or using force to damage the Company’s reputation or interfere with the Company’s business.
5. Any other acts equivalent to the preceding items.

Article 12 (Change of Service Contents, etc.)

The Company may change the contents of the Services or discontinue the provision of the Service without noticing to Users and shall not be liable for any damages incurred by the Users as a result of such changes.

Article 13 (Modification of Terms)

The Company may change this Agreement at any time without notice to Users, if determined necessary. In the event that Users begin to use the Services after the modification of this Agreement, Users shall be deemed to have agreed to the changed Terms and Conditions.

Article 14 (Handling of Personal Information)

The Company shall handle personal information obtained through the use of the Services in an appropriate manner in accordance with the Company’s “Privacy Policy”.

Article 15 (Notifications or Contact)

The notice or contact between Users and the Company shall be made according to the method specified by the Company. Unless Users notify the Company of a change in the contact information in accordance with the method specified separately by the Company, the Company will assume that the currently registered contact information is valid and will send a notice or contact to the said contact information, and these will be deemed to have reached Users at the time of transmission.

Article 16 (Transfer of Rights)

Users may not transfer the status under the contract or the rights or obligations under this Agreement to a third party without prior consent of the Company in writing or provide it as collateral.
In the event that the Company transfers the business of the Services to another company (including business transfer, company split, and any other cases in which the business is transferred), the Company may transfer the status under the contract, rights and obligations under this Agreement, and the Users’ information to the assignee of the business transfer.
Users shall be deemed to have agreed to such transfer in advance.

Article 17 (Governing Law and Jurisdiction)

In the interpretation of this Agreement, this Agreement is governed by Japanese law. In addition, the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply to the Services.
In the event of any dispute arising in relation to the Services, the Osaka District Court of Japan, which has jurisdiction over the head office of the Company, shall be the court of exclusive jurisdiction.