Terms of service

Terms of Service

These Terms of Service (the “Terms”) set forth the terms and conditions governing the use of the website and online shop operated by SOSHIOTSUKI Co., Ltd. (the “Company”), collectively referred to as the “Service.”

Any person who accesses or uses the Service or purchases products through the Service (the “User”) shall use the Service in accordance with these Terms.

Article 1 (Application)

These Terms apply to all matters relating to the use of the Service and purchases made through the Service between the User and the Company.
The Company’s Privacy Policy, Refund Policy, Shipping Policy, Legal Notice, and any other rules, guidelines, notices, or policies published through the Service (collectively, the “Individual Policies”) form part of these Terms.
If there is any inconsistency between these Terms and an Individual Policy, the Individual Policy that more specifically addresses the relevant matter shall prevail. However, any mandatory provisions of applicable law shall take precedence.

Article 2 (Eligibility and Accounts)

Users must have the legal capacity required under the laws of their country or region of residence to use the Service and enter into contracts.
Minors and any other persons who do not have full legal capacity to enter into contracts independently must use the Service with the consent of their parent, guardian, or other legal representative where required by applicable law.
If a User creates an account, the User is responsible for maintaining the confidentiality and security of their login information and password.
Users may not transfer, lend, or share their account credentials with any third party.

Article 3 (Product Information and Availability)

The Company endeavors to provide accurate descriptions, images, prices, sizes, materials, colors, and other information regarding its products.
The colors, textures, and appearance of products shown on the Service may differ slightly from the actual products due to photography, lighting conditions, device settings, display settings, or other factors.
Measurements may vary slightly depending on the characteristics of the product or the method of measurement.
Product availability, inventory, and prices are subject to change without notice.
If the Company is unable to supply a product due to a system error, inventory discrepancy, pricing error, or other reasonable cause, the Company may reject or cancel the relevant order. Any amount already paid for the cancelled order will be refunded.

Article 4 (Orders and Formation of Sales Contract)

Submission of an order through the Service constitutes an offer by the User to purchase the relevant product from the Company.
An automatically generated order confirmation email generally only acknowledges receipt of the order and does not constitute acceptance of the order by the Company.
A binding sales contract between the Company and the User is formed when the Company sends notice that the product has been shipped or otherwise expressly confirms acceptance of the order.
Authorization or capture of payment before formation of the sales contract does not, by itself, constitute acceptance of the order by the Company.
If the Company does not accept an order and has already received payment, the Company will refund the relevant amount within a reasonable period.
The Company may reject or cancel all or part of an order for reasonable grounds, including insufficient inventory, suspected fraudulent activity, payment issues, obvious pricing or product information errors, inability to deliver, or legal or regulatory restrictions.

Article 5 (Prices and Payment)

Product prices shall be the prices and currencies displayed through the Service or at checkout.
Applicable taxes, shipping charges, and other charges will be displayed on the product page, at checkout, or elsewhere through the Service where applicable.
The amount payable by the User will be the final amount displayed before the User completes the order.
Payment must be made using one of the payment methods accepted by the Company through the Service.
If there is an obvious error in a product price, discount, or other displayed amount, the Company may correct or cancel the relevant order. Any payment already received for a cancelled order will be refunded.

Article 6 (Shipping and Delivery)

Shipping methods, shipping charges, eligible destinations, and other delivery conditions are governed by the Company’s Shipping Policy and the information displayed at checkout.
Delivery dates and delivery times are estimates only and may be affected by customs procedures, weather conditions, transportation issues, carrier delays, or other circumstances beyond the Company’s reasonable control.
Users are responsible for providing complete and accurate delivery information.
If additional costs arise as a result of an incorrect or incomplete address, refusal to accept delivery, prolonged absence, or another circumstance attributable to the User, the Company may charge the User for such reasonable costs to the extent permitted by applicable law.
Unless otherwise required by applicable law, the risk of loss of or damage to a product passes to the User when the User, or a third party designated by the User, takes physical possession of the product.
Unless otherwise required by applicable law, title to the product passes to the User after both full payment and delivery of the product have been completed.

Article 7 (Customs Duties, Import Taxes, and Other Charges)

International shipments may be subject to customs duties, import taxes, value-added taxes, customs clearance fees, or other charges imposed by the destination country or region.
Unless the Company expressly states through the Service or at checkout that such charges are included or will be borne by the Company, such charges shall be the responsibility of the User.
If a shipment is returned to the Company because the User refuses to pay applicable duties or taxes, fails to complete customs procedures, or for another reason attributable to the User, the Company may deduct actual shipping, return shipping, customs, clearance, or similar costs from any refund to the extent permitted by applicable law.

Article 8 (Cancellations, Returns, Exchanges, and Refunds)

Cancellations, returns, exchanges, repairs, and refunds are governed by the Company’s Refund Policy.
As a general rule, cancellations or returns for change of mind after an order has been placed are not accepted unless expressly approved by the Company or required by applicable law.
If a product is damaged during delivery, an incorrect product is delivered, or there is another issue attributable to the Company, the User should contact the Company through the designated contact method within 7 days after receiving the product.
The 7-day notification period described above does not limit any statutory warranty, conformity rights, rights relating to defective goods, or other rights that cannot lawfully be waived under applicable law.
Where mandatory laws applicable in the User’s place of residence or destination grant the User cancellation, withdrawal, refund, repair, replacement, or other consumer rights, those rights shall prevail over these Terms and the Refund Policy.
Where a statutory right of withdrawal applies in the European Union, the United Kingdom, or another jurisdiction, eligible Users generally have the right to withdraw from the contract without giving a reason within 14 days after receiving the goods. The applicable notification period, return period, refund procedure, and exceptions shall be determined in accordance with applicable law.
Where permitted by law, certain products, including made-to-order or personalized products, may be excluded from a statutory right of withdrawal.
Unless applicable law requires otherwise, or where the product is defective, damaged, or incorrectly supplied, the User may be responsible for the direct cost of returning goods when exercising a statutory right of withdrawal.

Article 9 (Prohibited Activities)

Users must not engage in any of the following activities in connection with the Service:

Violating any applicable law, regulation, public order, or generally accepted standards of conduct.
Engaging in or facilitating criminal activity.
Infringing the copyrights, trademarks, or other intellectual property rights of the Company or any third party.
Damaging, disrupting, interfering with, or improperly using the Company’s or any third party’s servers, systems, or networks.
Gaining or attempting to gain unauthorized access to the Service or any related system.
Improperly obtaining, collecting, or using personal information relating to another User or third party.
Impersonating another person.
Making fraudulent payments, fraudulent orders, or otherwise using the Service for fraudulent purposes.
Interfering with the operation of the Service.
Directly or indirectly providing benefits to organized crime groups or other antisocial forces in connection with the Service.
Engaging in any other activity that the Company reasonably determines to be inappropriate.

Article 10 (Intellectual Property Rights)

All copyrights, trademarks, and other intellectual property rights relating to product photographs, images, videos, text, logos, designs, and other content made available through the Service belong to the Company or their respective lawful rights holders.

Except as permitted by applicable law, Users may not reproduce, republish, distribute, modify, sell, publicly transmit, or otherwise use such content without the prior authorization of the Company or the relevant rights holder.

Article 11 (Suspension or Interruption of the Service)

The Company may temporarily suspend or interrupt all or part of the Service in any of the following circumstances:

Maintenance, inspection, or updating of systems used to provide the Service.
Failure of communications networks, computers, servers, or other equipment.
Earthquakes, fires, floods, power outages, epidemics, wars, terrorism, governmental restrictions, or other events of force majeure.
Any other circumstance in which the Company reasonably determines that continued provision of the Service is impracticable.

Article 12 (Restriction of Use and Account Suspension)

If a User violates these Terms, is suspected of fraudulent use or fraudulent ordering, or if the Company otherwise reasonably determines that action is necessary for the security or proper operation of the Service, the Company may restrict the User’s use of the Service, cancel orders, or suspend or terminate the User’s account.

Article 13 (Third-Party Services)

The Service may use payment processing services, delivery services, authentication services, or other services provided by third parties.

Use of such third-party services may also be subject to the terms and privacy policies of the relevant third-party providers.

Article 14 (Disclaimer of Warranties and Limitation of Liability)

The Company does not warrant that the Service will always be uninterrupted, that all information will be free from errors, or that all defects will be corrected immediately.
To the maximum extent permitted by applicable law, the Company shall not be liable for losses or damages resulting from circumstances beyond its reasonable control.
To the maximum extent permitted by applicable law, the Company shall not be liable for indirect, special, incidental, or consequential damages arising out of or in connection with the use of the Service.
Nothing in these Terms excludes or limits liability for the Company’s willful misconduct or gross negligence, liability for death or personal injury, or any other liability that cannot lawfully be excluded or limited.
Nothing in these Terms limits any non-waivable rights granted to Users under the Consumer Contract Act of Japan or any other applicable consumer protection law.

Article 15 (Personal Information)

The Company will handle personal information obtained through the Service in accordance with its Privacy Policy and applicable data protection laws.

Article 16 (Notices and Communications)

Notices and communications from the Company to Users may be made by email, by posting through the Service, or by any other method that the Company considers appropriate.
Users are responsible for ensuring that the contact information necessary for orders and use of the Service remains accurate and up to date.

Article 17 (Changes to the Service and These Terms)

The Company may modify, add to, or discontinue all or part of the Service to the extent permitted by applicable law.
The Company may amend these Terms where reasonably necessary due to changes in applicable law, changes to the Service, or other reasonable circumstances.
Where a material amendment is made, the Company will provide notice through the Service or by another appropriate method as required by applicable law.
Unless otherwise required by law or expressly stated in the amended Terms, sales contracts formed before an amendment will generally remain subject to the version of these Terms that applied when the contract was formed.

Article 18 (Assignment)

Users may not assign or transfer their contractual position relating to the Service or any rights or obligations under these Terms to a third party without the Company’s prior written consent.

Article 19 (Severability)

If any provision of these Terms, or any part of a provision, is held to be invalid or unenforceable under applicable law, the remaining provisions will remain in full force and effect.

Article 20 (Governing Law and Jurisdiction)

These Terms and contracts relating to the Service shall be governed by and construed in accordance with the laws of Japan, without regard to conflict-of-law principles.
The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply to sales made through the Service.
Except where otherwise required by applicable law, any dispute arising out of or in connection with the Service shall be subject to the exclusive jurisdiction of the competent court having jurisdiction over the location of the Company’s head office in Japan as the court of first instance.
Notwithstanding the preceding paragraphs, nothing in these Terms shall deprive a consumer of any mandatory consumer protection, remedy, or jurisdictional right available under the laws applicable in the consumer’s place of residence.

Article 21 (Language)

These Terms may be made available in both Japanese and English.

Both versions are intended to have the same meaning. In the event of any inconsistency between the Japanese and English versions, the Japanese version shall prevail to the extent permitted by applicable law.

Nothing in this Article limits any mandatory consumer rights available under the laws applicable in the User’s place of residence.

End