Terms of service
These Terms of Use (these "Terms") for the website "ARTA Official Online Shop" (this "Site"), operated by Autobacs Seven Co., Ltd. (the "Company"), are set forth as follows. Please be sure to read these Terms before using the services provided by the Company on this Site (the "Services").
Article 1 (Scope of These Terms and Amendments)
- These Terms apply to all persons using the Services ("Users"). In addition to these Terms, details of the conditions of use are also set forth in the notation based on the Act on Specified Commercial Transactions with respect to use of the Services. Please review them together with these Terms. In using the Services, the User shall agree to the contents of these Terms and the notation based on the Act on Specified Commercial Transactions (together with these Terms, these "Terms, etc.").
- If the Company determines that it is necessary to amend these Terms, the Company may amend these Terms by notifying Users of the revised contents on this Site after providing reasonable advance notice. The revised contents shall apply after the notice period has elapsed.
- Even if part of these Terms is deemed invalid under law or otherwise, the remaining provisions of these Terms shall continue in full force and effect.
Article 2 (Services)
The Services shall consist of the services set forth in the following items.
- Sale of products
- Services for the provision of products, content, and the like handled by the Company
- Services for the provision of information regarding handled brands or related brands, lifestyle suggestions, or information regarding the Company’s business, and the like
- Other services provided by the Company to Users incidental to the preceding items
Article 3 (Purchase of Products)
- Users may purchase products posted on this Site (the "Products") from the Company through this Site. To purchase Products, the User shall apply for purchase in accordance with the method separately specified by the Company on this Site.
- A sales contract between the User and the Company shall be formed as set forth below. After a sales contract has been formed, a purchase application may not be cancelled for the User’s convenience.
- Upon receiving a purchase application from a User, the Company shall send an email to the User confirming the order details.
- If the Company accepts a purchase application from a User, the Company shall proceed with shipping the ordered Products, and the sales contract shall be formed when the shipping procedure is completed.
- When a sales contract is formed, the Company shall send the User an email stating that the Product has been shipped.
- If any fraudulent or improper conduct is found in a User’s purchase application, notwithstanding the preceding paragraph, the Company may, at its discretion, take appropriate measures such as cancellation, termination, or rescission of the sales contract on the basis of such conduct, even after the sales contract has been formed.
- The purchase application shall be made by the User personally. Even if an application is submitted by a third party such as an agent, the rights and obligations arising from that application shall belong to the User personally.
Article 4 (Payment Method)
Payment methods shall be either payment by credit card, cash on delivery, or any other method specified by the Company at the time of order. For details such as available payment methods and payment deadlines, please refer to the Notation Based on the Act on Specified Commercial Transactions. If payment by credit card is used, only a credit card in the User’s own name may be used.
Article 5 (Price)
The price of Products shall be the amount applicable at the time of the purchase application. The total amount payable shall be the total amount including, in addition to the base price of the Products, consumption tax, shipping charges, and fees incurred depending on the payment method. For details, please refer to the Notation Based on the Act on Specified Commercial Transactions.
Article 6 (Delivery)
- Products shall be delivered to the address specified by the User at the time of application, by a delivery carrier designated by the Company. Delivery destinations shall be limited to within Japan.
- If the delivery carrier delivers to the address specified by the User and, due to absence or other reasons, leaves a notice of absence or similar notice, the User shall contact the delivery carrier personally to arrange redelivery or pick up the Products.
- If Products are returned from the delivery carrier to the Company due to an unknown delivery address or similar reason, the Company may contact the User at the contact information specified at the time of purchase application. If the Company is unable to contact the User or confirm the delivery address, the Company may, at its discretion, take appropriate measures such as cancellation, termination, or rescission of the sales contract.
- Delivery of Products may be delayed or suspended due to natural disasters such as typhoons or earthquakes, or due to transportation disruptions caused by snowfall or other reasons not attributable to the Company. In such cases, the Company shall not be liable even if the User suffers any disadvantage.
Article 7 (Returns and Exchanges)
- If the User contacts the Company by email within 8 days after the Products arrive in any of the following cases, the User may exchange the Products. In such cases, the shipping charges or fees required for return or exchange shall be borne by the Company.
- If a Product different from the one ordered arrives
- If the delivered Product is damaged
- The User may, only within 8 days after the Product arrives, return or exchange the Product at the User’s request by contacting the Company by email. In such cases, the shipping charges or fees required for return or exchange shall be borne by the User. However, returns or exchanges are not possible in the following cases.
- If the Product package has been opened or labels or tags have been removed
- If the Product has been used even once
- If scratches, damage, staining, or the like have occurred due to the User’s responsibility
- If any instruction manual, accessory, or other included item has been discarded or lost
- If the Company has specially arranged procurement or similar handling at the User’s request
- Even if the User requests an exchange of the Product, if the Product is out of stock or cannot be procured, the Company may, at its discretion, refund the purchase price.
- Refunds of the purchase price shall be made by transfer to the bank account specified by the User. If a refund is made under the provisions of paragraph 1, the full amount paid, including shipping charges and fees, shall be refunded. If a refund is made under the provisions of paragraph 2, the amount equal to the base price of the Product plus consumption tax shall be refunded. In the case of payment by credit card, the refund shall be made in accordance with the method and timing prescribed by the credit card company.
- The matters set forth in this Article are also stated in the Notation Based on the Act on Specified Commercial Transactions. Please review them together.
Article 8 (Warranty, etc.)
- Unless otherwise specified, the Company shall follow the contents stated in the product warranty certificate or similar documents attached to the Product. Except for the matters set forth in paragraph 1 of the preceding Article, the Company does not warrant the Products.
- Except for the matters set forth in paragraph 1 of the preceding Article and the preceding paragraph, the Company makes no warranty whatsoever that the Services are suitable for any particular purpose of the User or that they are current, accurate, useful, or complete.
Article 9 (Important Notice)
With respect to information on Products posted on this Site, the Company strives to ensure accuracy to the extent reasonably possible, but does not post all information regarding quality, performance, compatibility with other products, and the like sought by Users. In addition, Product images may differ slightly from the actual Products in terms of color or size due to the imaging equipment, shooting method, location, screen settings, and other factors.
Article 10 (Intellectual Property Rights, etc.)
- Intellectual property rights, etc. (including, but not limited to, trademark rights, design rights, patent rights, utility model rights, copyrights, and know-how; hereinafter "Intellectual Property Rights, etc.") contained in the Site and the components constituting the Services (including, but not limited to, text, illustrations, designs, photographs, figures, logos, icons, video, ideas, and concepts) belong to the parties holding such Intellectual Property Rights, etc., including the Company. The User shall not acquire any rights whatsoever through use of this Site or the Services.
- The User shall not reproduce, distribute, transmit, transfer, translate, adapt, alter, repurpose, or otherwise use such Intellectual Property Rights, etc. without the permission of the legitimate rights holder.
- If the User violates the provisions of this Article and a dispute or similar issue arises with another User or a third party, the User shall resolve such dispute or similar issue at the User’s own expense and responsibility.
Article 11 (My Page Registration and Withdrawal)
- The User may register a My Page by agreeing to these Terms, etc. and completing the prescribed procedure separately specified by the Company, and shall become a member User who has completed such procedure. By registering a My Page, the User may receive the following services.
- Receipt of information provided by the Site for members
- Receipt and use of coupons such as discount vouchers issued by the Company for members
- Use of the favorites function and receipt of information regarding products registered as favorites
- Registration and retention of member information, and simplified information entry and confirmation at the time of purchase applications
- Confirmation of shipping status of purchased Products
- If a member falls under any of the following, the Company may, at its discretion, refuse My Page registration.
- If the member lacks legal capacity, such as being a minor or an adult ward (provided, however, that this does not apply if the Company can confirm the prior consent of a qualified legal representative)
- If the member has previously violated these Terms, etc. or has been subject to disciplinary action such as forced withdrawal as a result of such violation
- If the member attempts to register a My Page using false information
- If the Company otherwise determines the registration to be inappropriate
- Members may withdraw at any time by completing the prescribed procedure separately specified by the Company.
- The Company may withdraw a member based on criteria separately specified by the Company, such as where use of the Site and the Services has not been confirmed for a certain period.
Article 12 (ID and Password)
- The ID and password set at the time of My Page registration shall be managed by the member. The ID and password shall be used only by the member personally and may not be used by any third party.
- The Company shall not be liable for any damage suffered by the member due to unauthorized use of the ID and password by a third party, or unauthorized use of registered credit card numbers, arising from causes attributable to the member, such as loss, leakage, or forgetting of the ID and password.
Article 13 (Changes to Registered Information)
If any change occurs in the information registered by the member ("Registered Information"), the member shall change the Registered Information by the method separately specified by the Company. Because the Company provides the Services based on the Registered Information, the Company shall not be liable for any disadvantage suffered by the member due to errors in the Registered Information or failure to update the Registered Information.
Article 14 (Personal Information)
- The following shall constitute the information regarding the User’s person and the information necessary to provide the Services that the Company acquires and retains when the User uses the Services. Depending on the items of information provided, the content of the Services available may differ.
- Name, age, date of birth, gender, address, telephone number, email address, etc.
- Information necessary for payment, such as credit card number or bank account number
- Information provided by members through opinions, requests, inquiries, etc.
- If the User agrees to these Terms, etc. and uses the Services, the User shall be deemed to have consented to the Company’s acquisition, retention, and use of the information set forth in the preceding paragraph for the following purposes.
- For the purpose of operating and managing the Site and providing the Services
- For the purpose of providing information about products sold on the Site or by the Company, or about campaigns conducted by them
- For the purpose of providing notices about events hosted or sponsored by the Company, new businesses, and similar matters related to its business activities
- For the purpose of market research on the Site, the Services, or Products; purchase trend research; planning and development of new products or new services; or analysis of member information and marketing activities for the purpose of considering opening new stores
- For the purpose of confirming the validity of bank account numbers and the validity of credit cards with financial institutions (banks, credit card companies, loan companies, etc.) when settling product prices or similar payments
- For the purpose of making emergency contact if a defect or malfunction in a Product may cause damage to the life, body, or property of the User or another person
- Except as set forth below, the Company shall not provide personal information to any third party.
- If the individual has consented
- If required by laws, ordinances, or similar regulations (including inquiries to police or other relevant authorities for the purpose of excluding antisocial forces such as organized crime groups, members of organized crime groups, persons who have ceased to be members of organized crime groups for less than 5 years, quasi-members of organized crime groups, corporate entities related to organized crime groups, racketeers at shareholders' meetings or similar groups, or special intelligence violent groups, hereinafter "Antisocial Forces")
- If there is a risk that the concrete rights or interests of the User, such as life, body, or property, may be infringed, and disclosure of personal information is necessary to protect those rights or interests, and it is difficult to obtain the User’s consent
- If the User requests disclosure, correction, suspension of use, or deletion of personal information provided by the User, the Company shall respond appropriately after confirming that the requester is the User personally.
Article 15 (Prohibited Acts)
When using or browsing this Site, the User must not engage in the following acts.
- Acts infringing the ownership rights, intellectual property rights, etc. of the Company or a third party
- Acts causing nuisance to other Users, the Company, or third parties
- Acts interfering with the operation of the Site or the provision of the Services
- Acts of advertising, promotion, or sales activities on this Site without the Company’s permission, or similar acts
- Acts violating laws, ordinances, or similar regulations
- Criminal acts or acts encouraging crime
- Acts impersonating another member
- Acts of posting false information on this Site or transmitting it through this Site
- Acts of posting on this Site or transmitting through this Site information that causes discomfort to others, such as violent expressions, obscene expressions, or discriminatory expressions
- Acts of political activity, religious activity, spreading particular beliefs, or soliciting such activity
- Acts of establishing or soliciting pyramid schemes, multilevel marketing, or similar schemes
- Acts contrary to public order and morals
- Other acts deemed inappropriate by the Company
Article 16 (Changes, Suspension, Cessation, etc. of the Site and the Services)
- The Company may, at its discretion and judgment, change, suspend, or cease the Site and the Services.
- The Company may suspend provision of the Site and the Services in order to perform maintenance on the software, programs, systems, and the like constituting the Site for the purpose of providing or changing the Site and the Services.
- If the Company determines that provision of the Site and the Services is difficult due to force majeure such as fire, power outage, natural disaster, war, civil unrest, riot, labor dispute, or interference by a third party such as unauthorized access or malicious software (so-called computer viruses), the Company shall suspend or cease provision of the Site and the Services.
- Even if the User suffers any damage due to changes, suspension, or cessation of the Site and the Services by the Company, the Company shall not be liable for such damage. However, this shall not apply in cases of the Company’s willful misconduct or gross negligence.
Article 17 (Compensation for Damages)
The Company shall not be liable for any damage suffered by the User in connection with the Site or the Services, except in cases based on the Company’s willful misconduct or gross negligence, or as otherwise specified in these Terms.
Article 18 (Exclusion of Antisocial Forces)
- The User shall represent and warrant that the User does not and will not in the future fall under any of the following: organized crime groups, members of organized crime groups, persons who have not yet passed 5 years since ceasing to be members of organized crime groups, quasi-members of organized crime groups, corporate entities related to organized crime groups, racketeers at shareholders' meetings, persons professing to be social activists, or special intelligence violent groups, or any other persons equivalent thereto.
- The User shall represent and warrant that the User will not engage, either personally or through a third party, in any of the following acts.
- Violent demands
- Unreasonable demands beyond legal liability
- Threatening behavior or use of violence in relation to transactions
- Disseminating false rumours, using fraud or coercion, damaging the other party’s credibility, or obstructing the other party’s business
- Any other acts similar to the preceding items
- If the User violates this Article, the Company may immediately terminate the contract based on these Terms without any demand notice or other procedures.
- Even if the User suffers damage due to termination under this Article, the Company shall not be liable to compensate for such damage. In addition, the Company may claim compensation from the User for any damage incurred by the Company as a result of such termination.
Article 19 (Inquiries Regarding the Site and the Services)
Inquiries may be made by email through the inquiry form on the Site.
Article 20 (Governing Law and Jurisdiction)
- These Terms, etc. shall be governed by and construed in accordance with the laws of Japan.
- Any and all disputes arising out of or in connection with the Site, the Services, or these Terms, etc. shall be subject to the exclusive agreed jurisdiction of the Tokyo District Court as the court of first instance.