Terms of service

Article 1 [Definitions]

1. Terms and conditions
   Store’s Terms of Use
2. the Company TOSCOM
   TOSCOM., CO., LTD (Online Store Operator established using the Service)
3. This service
   Order services provided by TOSCOM through the Internet
4. User
   A generic term for a person who applies for a product or wishes to use or apply for the purchase of a product in accordance with the procedures specified by TOSCOM and upon understanding and accepting all of the terms and conditions of these Terms of Use and Privacy Policy, and a person who searches for, views or uses images, text, designs, logos, videos, programs, ideas and other information ("Content") provided by TOSCOM on the Service upon understanding and accepting all of the terms and conditions of these Terms of Use and Privacy Policy.

 

Article 2 [Application of these Terms and Conditions]

These Terms of Use shall govern the use of the Service provided by TOSCOM via the Internet. The User shall be deemed to have accepted the terms of this Agreement at the time the User begins to use the Service.

 

Article 3 [Modification of these Terms of Use]

TOSCOM may change the Terms of Service within the scope of the purpose of the Service when TOSCOM deems it necessary. Use of the Service by a User after a modification of the Terms of Use shall be deemed acceptance of the modified Terms of Use.

 

Article 4 [Change of Service Contents]

TOSCOM reserves the right to change the contents of the Service or discontinue providing the Service without notice to the User, and shall not be liable for any damages incurred by the User as a result of such changes or discontinuation.

 

Article 5 [Registration for Use]

The registration for use of the Service shall be completed when the User agrees to the Terms of Use and applies for registration for use of the Service in the manner prescribed by TOSCOM, and TOSCOM notifies the User of its approval of the application.

If TOSCOM determines that the applicant has any of the following reasons, TOSCOM may not approve the application for registration, and shall not be obligated to disclose the reasons for such denial.

1. the applicant has provided false information in the application for registration
2. If the application is from a person who has violated these Terms of Use
3. Other cases in which TOSCOM deems the registration of use to be inappropriate.

 

Article 6 [Management of User ID and Password]

The User shall manage their user ID and password for the Service at their own responsibility. User shall not, under any circumstances, transfer or lend User ID and password to any third party, or share them with any third party. When a user logs in with the same combination of user ID and password as the registered information, TOSCOM shall consider the use of the Service to be by the user who has registered the user ID. TOSCOM shall not be liable for any damage caused by the use of a user ID and password by a third party, except in the case of willful misconduct or gross negligence on the part of TOSCOM.

 

Article 7 [Restriction of Use and Cancellation of Registration]

In any of the following cases, TOSCOM reserves the right to restrict a user's use of all or part of the Service or terminate the user's registration as a user without prior notice

1. if the User violates any of the provisions of these Terms of Use
2. when it is found that there is a false fact in the registration information
3. if the credit card that the user has submitted as a means of payment is suspended.
4. default in payment of fees and other obligations
5. When there is no response to communications from TOSCOM for a certain period of time
6. if there has been no use of the Service for a certain period of time since the last use
7. other cases in which TOSCOM deems the use of the Service to be inappropriate.

TOSCOM shall not be liable for any damages incurred by the user as a result of actions taken by TOSCOM in accordance with this Article.

 

Article 8 [Purchase of Products]

1. A purchase agreement for the Service shall be formed when a user makes an application for purchase and is notified by TOSCOM of its acceptance of the application. Ownership of the product shall be transferred to the purchaser when TOSCOM delivers the product to the delivery company.
2. When a user wishes to purchase a product, the user shall apply for the purchase of the product in accordance with procedures separately determined by TOSCOM.
3. Minor users may not use the Service to purchase products without the prior consent of a qualified legal representative.

 

Article 9 [Cancellation of Purchase Agreement]

TOSCOM may cancel the purchase agreement described in the preceding paragraph without prior notice to the user

1. if the user violates these Terms of Use
2. if the delivery of goods is not completed due to an unknown delivery address or prolonged absence of the customer
3. if any fraudulent or inappropriate act in connection with the use of this service.
4. if TOSCOM deems that the relationship of trust between the Company and the user has been damaged.

 

Article 10 [Change of Registered Information]

The User shall promptly notify TOSCOM of any change in all or part of the name, address, or other information entered at the time of purchase or otherwise notified to TOSCOM. In addition, even if a change is registered, transactions that have already been processed prior to the registration of the change shall be conducted based on the information provided prior to the registration of the change.

 

Article 11 [Payment Method]

1. The amount payable for a product is the sum of the selling price of the product as displayed on the site, plus consumption tax, shipping and handling charges.
2. Payment for Products purchased through the Service shall be made only by the payment method specified by TOSCOM.
3. If payment is made by credit card, it shall be subject to the terms and conditions separately contracted by the user with the credit card company. In the event that any dispute arises between the user and the credit card company in connection with the use of a credit card, the user shall be responsible for resolving the dispute between the user and the credit card company.
4. If the payment method is specified in the Service and there is a separate agreement between the User and the payment company that owns the payment method (including, but not limited to, agreement to the terms and conditions for the payment method), the User shall be responsible for resolving the dispute. In the case of a separate agreement (including but not limited to agreement on the terms and conditions of the payment method) between the user and the payment company that owns the payment method, the user shall follow the terms and conditions of the separate agreement. If any dispute arises between the user and the payment company in relation to such payment method, the user shall be responsible for resolving the dispute between the user and the payment company.

 

Article 12 [Return of Products]

TOSCOM shall handle the return of products from users in accordance with the "Return Policy" in the "Notation Concerning the Act on Specified Commercial Transactions" posted on the site.

 

Article 13 [Handling of Personal Information]

TOSCOM will handle personal information in accordance with the Privacy Policy separately established by TOSOCM

 

Article 14 [Prohibited Matters]

When using the Service, users are prohibited from engaging in any of the following acts

1. that causes or may cause annoyance, disadvantage, or damage to other Users, third parties, or TOSCOM.
2. that infringes or may infringe the copyrights, trademarks, patents, other intellectual property rights, portrait rights, personal rights, privacy rights, publicity rights, or other rights of any third party or TOSCOM
3. that are or may be offensive to public order and morals or otherwise violate laws and regulations
4. use the Content obtained through the Service outside the scope of private use.
5. reproducing, selling, publishing, distributing, or publicly disclosing through other users or third parties any Content obtained through the Service, and any similar actions.
6. interfering with the operation of this service or other services provided by TOSCOM.
7. that TOSCOM reasonably determines to be inappropriate, such as damaging or destroying the company's credibility
8. directly or indirectly provide benefits to antisocial forces in relation to our services.
9. unauthorized access or attempts to gain unauthorized access.
10. Any other actions that TOSCOM deems inappropriate.

 

Article 15 [Disclaimer]

1. TOSCOM shall not be liable for any damages incurred by a third party as a result of a user's violation of these Terms of Use.
2. TOSCOM shall not be liable for any factual or legal defects (including safety, reliability, accuracy, completeness, validity, fitness for a particular purpose, security defects, errors or bugs, infringement of rights, etc.) in the content of the Service or information obtained by the User through the Service.
3. In principle, TOSCOM shall not be liable to the User for any damages arising from the use of the Service, and shall have no obligation to compensate the User for such damages. However, in the event that the disclaimer clause does not apply for reasons such as the contract between TOSCOM and the user based on these Terms and Conditions falls under a consumer contract under Article 2, Paragraph 3 of the Consumer Contract Act (Act No. 61 of 2000), the provisions of these Terms and Conditions that completely disclaim TOSCOM's liability shall not apply. In addition, in the event that a contract based on these Terms and Conditions constitutes a consumer contract, and in the event that the Company is liable for damages based on default or tort, TOSCOM shall be liable for damages up to the amount paid by the user to TOSCOM based on these Terms and Conditions during the past one year from the date the damages occurred, unless TOSCOM has committed willful misconduct or gross negligence.
4. In the event that the User fails or refuses to receive the product, or is unable to receive the product due to a long absence or unknown delivery address, or is otherwise unable to receive the product for reasons attributable to the purchaser, TOSCOM shall fulfill its obligation to deliver the product by contacting the contact information registered by the User and bringing or delivering the product to the delivery address specified when the Product was purchased, and shall be released from such obligation.

 

Article 16 [Copyrights, Intellectual Property Rights]

Content provided through the Service shall belong exclusively to TOSCOM or third parties with legitimate rights. If any problem arises between a user and a third party in violation of the provisions of this Article, the user shall resolve the problem at the user's own responsibility and expense, and shall not cause any damage, loss, or disadvantage to TOSCOM.

 

Article 17 [Withdrawal from Membership]

The User may withdraw from the Service by following the prescribed withdrawal procedure.

 

Article 18 [Governing law]

All applicable laws regarding these Terms and Conditions shall be governed by the laws of Japan.

 

Article 19 [Consultation and Court of Jurisdiction]

In the event that any matter is not stipulated in this Terms and Conditions or any question arises regarding the interpretation of this Terms and Conditions, TOSCOM and the User shall promptly resolve such question through consultation in accordance with the principle of good faith. TOSCOM and the User agree in advance that the court having jurisdiction over the location of TOSCOM shall be the exclusive court of first instance for all disputes related to these Terms of Use.