Terms of service

Online Shop Terms of Service

These Terms of Service (these “Terms”) set out the conditions for using the online shop (the “Service”) provided on this website by Kato Planning Co., Ltd. (the “Company”). Registered users (“Users”) shall use the Service in accordance with these Terms.

Article 1 (Application)

1. These Terms apply to all relationships between Users and the Company concerning the use of the Service.
2. In addition to these Terms, the Company may establish various rules and provisions relating to the Service (“Individual Provisions”). Regardless of their name, such Individual Provisions form part of these Terms.
3. Where these Terms conflict with the Individual Provisions referred to in the preceding paragraph, the Individual Provisions shall prevail unless they state otherwise.

Article 2 (Registration)

1. Registration is completed when a prospective user agrees to these Terms, applies for registration by the method prescribed by the Company, and the Company notifies the applicant of its approval.
2. The Company may decline an application for registration if it determines that any of the following applies, and shall have no obligation to disclose its reasons:
   1. The applicant has provided false information in the application
   2. The application is made by a person who has previously breached these Terms
   3. The Company otherwise considers the registration inappropriate

Article 3 (Management of user IDs and passwords)

1. Users shall manage their user ID and password for the Service at their own responsibility.
2. Users may not under any circumstances transfer, lend or share their user ID or password with any third party. Where a login is made using a combination of user ID and password that matches the registered information, the Company shall treat it as use by the User registered under that user ID.
3. The Company shall bear no liability for any damage arising from the use of a user ID and password by a third party, except where the Company is guilty of wilful misconduct or gross negligence.

Article 4 (Sales contract)

1. A sales contract is formed when a User applies to purchase from the Company and the Company notifies the User that it accepts the application. Title to the goods passes to the User when the Company hands the goods over to the delivery carrier.
2. The Company may cancel the sales contract referred to in the preceding paragraph without prior notice to the User where any of the following applies:
   1. The User has breached these Terms
   2. Delivery cannot be completed because the delivery address is unknown or the User is absent for a prolonged period
   3. The Company otherwise considers that the relationship of trust between the Company and the User has been damaged
3. Payment methods, delivery methods, cancellation of purchase applications and returns in relation to the Service shall follow the methods separately prescribed by the Company.

Article 5 (Intellectual property rights)

Copyright and other intellectual property rights in the product photographs and other content provided through the Service (“Content”) belong to the Company and to the rightful owners such as content providers. Users may not reproduce, republish, alter or otherwise make secondary use of the Content without permission.

Article 6 (Prohibited conduct)

In using the Service, Users shall not engage in any of the following:

1. Conduct that violates laws and regulations or public order and morals
2. Conduct connected with criminal activity
3. Conduct that infringes copyright, trademark rights or other intellectual property rights contained in the Service
4. Conduct that destroys or interferes with the functioning of the Company’s servers or network
5. Commercial use of information obtained through the Service
6. Conduct that may interfere with the operation of the Company’s services
7. Unauthorised access, or attempts to gain unauthorised access
8. Collecting or accumulating personal information about other Users
9. Impersonating another User
10. Directly or indirectly providing benefits to antisocial forces in connection with the Company’s services
11. Any other conduct that the Company considers inappropriate

Article 7 (Suspension of the Service)

1. The Company may suspend or interrupt all or part of the Service without prior notice to Users where it determines that any of the following applies:
   1. Maintenance, inspection or updating of the computer systems used for the Service
   2. Provision of the Service becomes difficult due to force majeure such as earthquake, lightning, fire, power failure or natural disaster
   3. Computers or communication lines stop due to an accident
   4. The Company otherwise determines that provision of the Service is difficult
2. The Company shall bear no liability whatsoever, for any reason, for any disadvantage or damage suffered by Users or third parties as a result of the suspension or interruption of the Service.

Article 8 (Restriction of use and cancellation of registration)

1. The Company may, without prior notice, restrict a User’s use of all or part of the Service, or cancel their registration as a User, where any of the following applies:
   1. The User breaches any provision of these Terms
   2. It becomes clear that the registered information contains false statements
   3. The credit card notified by the User as a payment method is suspended
   4. The User defaults on payment obligations such as fees
   5. There is no response from the User to contact from the Company for a certain period
   6. The Service has not been used for a certain period since the User last used it
   7. The Company otherwise considers the User’s use of the Service inappropriate
2. The Company shall bear no liability for any damage caused to Users by actions taken by the Company under this Article.

Article 9 (Withdrawal)

Users may withdraw from the Service by following 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 in fact or in law (including defects, errors, bugs and infringements of rights relating to safety, reliability, accuracy, completeness, effectiveness, fitness for a particular purpose and security).
2. The Company shall bear no liability for any damage caused to Users by the Service. However, this exemption does not apply where the contract between the Company and the User concerning the Service (including these Terms) constitutes a consumer contract under Japan’s Consumer Contract Act. Even in that case, the Company shall bear no liability for damage arising from special circumstances (including cases where the Company or the User foresaw or could have foreseen the occurrence of such damage) among damage caused to Users by the Company’s default or tort resulting from the Company’s negligence (excluding gross negligence).
3. The Company shall bear no liability for any transactions, communications or disputes arising between a User and another User or a third party in connection with the Service.

Article 11 (Changes to the Service)

The Company may change the content of the Service or discontinue providing the Service without notice to Users, and shall bear no liability for any damage caused to Users thereby.

Article 12 (Changes to these Terms)

The Company may change these Terms at any time without notice to Users where it considers it necessary. If a User begins using the Service after these Terms have been changed, that User shall be deemed to have agreed to the amended Terms.

Article 13 (Handling of personal information)

The Company shall handle personal information obtained through use of the Service appropriately, in accordance with its Privacy Policy.

Article 14 (Notices and communications)

Notices and communications between Users and the Company shall be made by the method prescribed by the Company. Unless the Company receives notification of a change in accordance with the method it separately prescribes, the Company shall treat the currently registered contact details as valid, send notices or communications to those details, and such notices shall be deemed to have reached the User at the time of transmission.

Article 15 (Prohibition of assignment of rights and obligations)

Users may not assign to any third party, or offer as security, their status under the use contract or any rights or obligations under these Terms, without the prior written consent of the Company.

Article 16 (Governing law and jurisdiction)

1. These Terms shall be interpreted in accordance with the laws of Japan. The application of the United Nations Convention on Contracts for the International Sale of Goods is excluded in relation to the Service.
2. In the event of a dispute concerning the Service, the court having jurisdiction over the location of the Company’s head office shall be the exclusive court of first instance by agreement.

End