The terms of service (hereinafter referred to as the “Terms”), with regard to the service (hereinafter referred to as the “Service”) provided by YUIMA NAKAZATO Co., Ltd. (hereinafter referred as the “Company”), set forth the rights and obligations between the customer and the Company when the customer uses the Service. By clicking the “Apply” button, the customer agrees to the Terms set forth in this Terms of Service as the basis for the order.
Article 1 (Member)
1. “Member” means a person or company who agrees to the Terms and applies for becoming a member of the Service in accordance with the procedure designated by the Company.
2. “Member Information” means the information with regard to the Member disclosed by the Member and the information of transaction relating to the Member and otherwise similar information.
3. The Terms shall be applied to all Members, and Members shall comply with the Terms and upon and after the registration thereof.
Article 2 (Registration)
1. In the event that you apply for becoming a Member of the Service by agreeing to the Terms in accordance with the procedure designated by the Company, you may be registered as a Member after the completion of registration procedure. You shall forward the registration process by yourself (you shall not authorize another person to apply for the Member of the Service on his/her behalf.). The Company may reject the application from a person or company due to the past rejection for the registration as a Member, or any other person or company whom the Company deems inappropriate.
2. In the registration procedure, a person or company who applies for the registration shall read all the instruction and information appeared on our website and provide the correct information into the form designated by the Company.
3. The Member shall be responsible for managing the specific information of each Member, such as the account information provided by the Company, ID, password created by himself/herself (hereinafter referred to as the “Account”) and shall not assign, lend, or sell the Account to any third party.
Article 3 (Change of Information)
1. The Member shall inform the Company of any change to the registered information, such as name, address, etc.
2. The Company shall not be liable for any damages arising out of the Member’s failure to change the registered information. In the event that the Member fails to notify the Company of the change of the Member Information, the order, process of the transaction made by the Company by relying on the previous Member Information shall be deemed appropriate.
Article 4 (Withdrawal from Membership)
The Member may withdraw from the membership of the Service, by contacting the Company via email, or any other manner prescribed by the Company, which shall be processed by the Member himself/herself. The Member will withdraw from the membership after the designated withdrawal procedure being completed.
Article 5 (Purchase of Products)
1. The Member is entitled to purchase products from the Company through the Service (hereinafter referred to as the “Products”).
2. The Member shall make the purchase order in a manner designated by the Company.
3. Purchase agreement between the Company and the Member will be effective, after the Company receive the above purchase order, and the Company confirmed the approval of the credit card use.
4. Notwithstanding the above 3 of this article, the Company may, at its sole discretion, cancel, terminate or take any other appropriate action to the purchase agreement with the Member in the event of any illegal or inappropriate action or any other suggestive action therefor was taken by the Member regarding the use of the Service.
5. The Member shall send purchase order by himself/herself, and the Member is not entitled to designate its purchase order to a third party, or authorize a third party to use his/her name for making such purchase order (in the event that the third party made the order on behalf of the Member, or the Member authorizes the third party to use his/her name and make the purchase order, the Member shall be liable for all of the obligations arising out of such purchase order).
6. Once a purchase agreement being made in accordance with the preceding paragraphs, the Member is not entitled to cancel the purchase agreement.
Article 6 (Made-to-order service)
The Company will provide the made-to-order service (hereinafter referred to as the “Order-made”) to the Member as follows, based on the Terms, and any manner designated by the Company.
Application procedure: after the membership registration, the Member shall make the order of the Order-made via web site of the Company. The Member shall have a meeting with the designer which will be designated by the Company (hereinafter referred to as the “Designer”), and the Products made by the Order-made (hereinafter referred to as the “Order-made Product”) will be planned, produced, and delivered to the Member at the Designer’s discretion.
Price: Based on the terms of the service separately outlined by the Company
Payment Method: The Member shall make the payment of such order by credit card, in a manner of either of the following, which will be designated by the Company: (i) payment in full in advance after the meeting with the Designer set forth in above (1), (ii) payment in half in advance the meeting with the Designer, and the remaining half after the meeting with the Designer.
Other services: based on the result of the meeting between the Member and the Designer set forth in above (1), the Designer may use the material of the garment provided by the Member (hereinafter referred to as the “Original Material”), in order to provide the Order-made service. In such case, the Company may request to the Member to ship the Original Material (the Company does not accept any way of shipment other than mail, and the cost shall be borne by the Company). However, the Member hereby accepts that the Designer may not be able to use the Original Material provided by the Member, given the specification, damage, etc., in order to provide the Order-made service.
Specification of the Original Material: the Company may request to the Member for a specifics of the Original Material (including but not limited to, type, color, pattern, and logo, etc.), and the Member shall provide the Company with the Original Material based on such request. Disposal of the Original Material: in case where the Member provides the Company with the Original Material, the Member acknowledges to waive any rights of the ownership of the Original Material, and the remnant, and other part of the Original Material which was not used for the Order-made service will be disposed or destroyed by the Company, and will not be returned to the Member.
Right of data of the images and the videos in relation to the Order-made Product: the Member acknowledges that the Company will create, possess, and keep the images and videos with regard to the Order-made Product, including the process of the production, the Original Material, and the end product, etc. (hereinafter referred to as the “Products Data”). Moreover, the Member will hereby state that he/she will agree in advance, and will not make any claims or objections, to the Company for using the Products Data, at its sole discretion, for advertisement purpose (including but not limited to, posting on SNS, website, etc.), or to rent, dispose, or to take any other treatment regarding the Products Data.
Article 7 (Termination from Member and Liability for Damages)
1. In the event that the Member performs any of the following act, the Company may terminate the membership of such Member.
To Declare false information upon registration procedure;
To Use, or let someone use, the Account inappropriately;
In the event that it was found that qualification of a Member has been suspended due to a violation of the Terms in the past;
To Infringe the Company’s intellectual property for goods and products provided by the Company;
Any other action violating the Terms; or
Any other action which the Company deems inappropriate.
2. The Member shall be liable for any damage incurred to the Company in the events above.
Article 8 (Member Information, Revocation of the registration of Member)
1. The Company will not disclose the Member Information to a third party without prior consent by the Member, excluding the following cases.
(1) In the event that the Company was requested to disclose according to laws and regulations.
(2) In the event that the Company confirms the necessity for protecting its rights, interest, trust etc.
3. The Company is entitled to provide the Member with the information (including advertisement) by means such as mail magazine, etc. If the Member does not wish to receive such information, the Member may request to the Company to stop providing the information by notifying the Company in the way designated by the Company, excluding the information necessary for the operation of the Service.
Article 9 (Prohibition)
The Member shall not do the followings upon using the Service. In the event that the Member performed any of the following act, the Company may prohibit the use of the Service by such Member, or may terminate the purchase agreement of the Products.
(1) To violate laws, regulations, the Terms, instructions for the Service and any other rules hereof
(2) To damage the Company’s, or third party’s rights, interests, trust and so forth
(3) To do any action which threatens to affect adversely to youth’s mind and body, or to be offensive to public order and morals
(4) To cause trouble to other user or third party, or to do any action which makes the other person offended
(5) To enter a false information
(6) To send or encrypt computer virus or illegal email message, etc
To access to the Company’s server or computer without authorization
To assign or rent his/her password to third party or to use such password jointly with third party
To let a third party purchase the Product (including purchase by a third party on behalf of the Member, or by authorizing a third party to the name of the Member)
Unable to deliver the product due to unknown destination, or long-term absence
To purchase the Products for resale purpose, or any other commercial purpose
To take any other action which the Company deems inappropriate.
Article 10 (Suspension of Service etc.)
The Company may suspend the Service without notice in order to maintain the Service’s condition and quality in the following events.
(1) When it is necessary for regular maintenance or emergent maintenance of system
(2) When system is under heavy load
(3) When it is difficult to operate system due to fire, blackout or any other obstructive behavior
(4) Any other event when the Company deems necessary to suspend system
Article 11 (Change or Termination of the Service)
The Company may at its sole discretion, change or terminate the Service without any notice to the Member.
Article 12 (Notification)
In the event that the Company is obliged to notify the Member or to deliver the Products to the Member, it is deemed that the Company fulfills such obligation by notifying or delivering to the address of the Member, registered by the Member in advance in accordance with Article 2.
Article 13 (Copyrights)
1. Patent, copyrights, and all other intellectual property rights relating to characters, texts, images, videos or design, etc, used in the Products, belongs to the Company or other legitimate right holder, and the Member shall not engage in any infringement of these rights.
2. In the event that the Member violates the preceding paragraph by entering into a dispute with a legitimate right holder or a third party, the Member shall resolve and settle such dispute at its responsibility and own expense, and shall indemnify and hold harmless the Company from and against all liabilities, loss or damages.
Article 14 (Disclaimer)
1. The Company accepts no liability for damages due to the suspension of system, loss of data, unauthorized access or any other damage to Member regarding this service.
2. The Company does not warrant that mail contents sent from the website, server or domain does not include computer virus or any harmful content.
3. The Company will not accept the request from the Member to return the Product for the reason that the color, design, size etc. of the Products ordered by the Member does not fit such Member, except the repair/maintenance of the Products conducted by the Company.
4. The Company is not liable for stain or damage to the Product which occurs during the transportation, unless the Member proves such stain or damage is caused by the carrier intentionally or by gross negligence.
Article 15 (Revision of this Terms and Conditions)
The Company may at any time revise this Terms and Conditions and may set forth the supplement term (hereinafter referred to as “Supplement Term”). Revision or supplement to this Terms and Conditions shall be effective when the Company show revised Terms or Supplement Term on website designated by the Company. In such case, Member shall be subject to revised Terms and Supplement Term.
Article 16 (Governing law, Jurisdiction)
Any dispute arising out of this Terms and Conditions shall be governed by the laws of Japan and subject to exclusive jurisdiction of Tokyo District Court.
Article 17 (Language)
The Terms shall be executed in Japanese language. Japanese shall be the governing language and any translation of the Terms into any other language is for convenience of reference only and shall not bind the parties hereto.