kimono awawa ONLINE STORE Terms of Use

Awawa Co., Ltd. (hereinafter referred to as "our company") hereby establishes the following terms of use (hereinafter referred to as "these Terms") for the website "kimono awawa" (hereinafter referred to as "this site") operated by our company.

When using this site, we ask that you agree to these terms and conditions before using it. By using this site, we will assume that you have agreed to all of the conditions of these terms and conditions.

Article 1 Purpose of these Terms

• These terms and conditions are set out in relation to the use of the services provided by the Company on this site (hereinafter referred to as the "Services"), and the rights and obligations between the Company and Members (defined in Article 4), as well as the conditions for the use of the Services. By agreeing to these terms and conditions, a contract regarding each provision of these terms and conditions will be established between the Company and Members, and Members agree to this.

Article 2 Changes

1. The Company reserves the right to amend these Terms and Conditions, in whole or in part, as appropriate, without obtaining the Member's prior consent, when such amendment is in the Member's interest and is deemed reasonable in light of the necessity for the amendment, the appropriateness of the content of the amendment, and other circumstances relating to the amendment, by notifying or notifying the Member in advance by a method that the Company deems appropriate, such as by posting on this Site or by email, and the Member agrees to this.
2. If these terms and conditions are changed in whole or in part, the changed terms and conditions will apply to the use of this site, and members shall comply only with the changed terms and conditions.

Article 3: This Service

1. The Services that we provide to our Members are the following services:
2. (1) A service whereby members purchase our products (hereinafter referred to as "Products") on this website.

Article 4 Membership

• In these terms and conditions, a "member" refers to a person who has accepted all of the contents of these terms and conditions, applied for membership registration in accordance with the procedures specified by our company, and has been approved by our company. In order to use the Service, you must become a member by following the procedures set forth in these terms and conditions.

Article 5 Membership Registration

1. Those who wish to register as members must register themselves on the member registration page of this site, following the method separately specified by our company and entering the necessary information. Registration applications by proxy will not be accepted. When you press the "Register as a member" button on the member registration screen, a contract will be formed between you and our company in accordance with these terms and conditions, and your member registration will be completed.
2. If an applicant for membership registration falls under any of the following items, we may cancel the registration at our discretion.

• (1) If it is discovered that a person who wishes to register as a member has previously been subject to cancellation of membership or other disposition due to a violation of any terms and conditions (including, but not limited to, these Terms and Conditions) concluded between the Company and such person in the past
• (2) If it is discovered that the application details of an applicant for membership contain false information.
• (3) If it is discovered that a person who wishes to register as a member has previously, without a valid reason, delayed payment of fees or other obligations in relation to any of the services provided by our company, been unable to receive the Product for an extended period of time, refused to return or exchange the Product, or otherwise defaulted on obligations
• (4) If it is discovered that the application for registration was made by a proxy as provided for in Paragraph 1 of this Article
• (5) If the person wishing to register as a member is located outside Japan
• (6) If it is discovered that you have engaged in any of the acts set forth in Article 14 (Prohibited Acts) of these Terms of Use in the past
• (7) Any other reason that the Company reasonably determines to be inappropriate for the operation and management of this Site.

Article 6 ID and Password Management

1. Members shall be responsible for carefully managing and storing the user ID and password they set when registering as a member.
2. Members may not transfer, buy, sell, inherit, loan, disclose, or leak their user ID and password to a third party unless they have received prior consent from the Company.
3. If a Member discovers that his/her user ID or password has been or is likely to be used illegally by a third party, he/she shall immediately contact the Company.
4. Members shall be responsible for any damages arising from insufficient management of their user ID or password, errors or omissions in use, unauthorized use by a third party, etc., and the Company shall not bear any responsibility therefor.

Article 7 Changes to Registration Information

1. If any change occurs in whole or in part to the information that a Member has notified the Company, the Member shall promptly change the registered information in a manner separately specified by the Company. If such change is not made, the Company's business operations based on the information already registered shall be deemed to be proper and valid.
2. We shall not be liable for any damages incurred as a result of a member's failure to make timely changes to his/her registration.

Article 8 Suspension of Use of the Service and Cancellation of Membership Registration

1. If a member falls under any of the following items, our company may suspend the use of the Service, cancel the member's registration, or take any other measures that our company deems appropriate without prior notice, and our company shall not be obligated to disclose the reasons for taking such measures. Note that even if a member is suspended or cancelled, the member who is the subject of such measures will not be relieved of liability under these Terms and Conditions for payment obligations that have already occurred through the use of the Service.

• (1) If it is discovered that the Member has previously been subject to cancellation or other penalties due to a violation of other terms and conditions provided by the Company
• (2) If it is discovered that the registered information is false (including, but not limited to, when the address of the member notified at the time of membership registration is the address of a forwarding service company designated by our company).
• (3) If it is discovered that in the past, with regard to other services provided by our company, there has been a delay in fulfilling payment obligations such as fees, an inability to receive the Product for a long period of time, a refusal to return or exchange the Product, or other default on obligations without justifiable reason
• (4) If it is discovered that you have engaged in any of the acts set out in Article 14 (Prohibited Acts) of these Terms of Use in the past
• (5) If the Member is a member of an anti-social force (this refers to an organized crime group, a member of an organized crime group, a person who has not yet passed five years since being a member of an organized crime group, a quasi-member of an organized crime group, a company related to an organized crime group, a corporate racketeer, a fraudster pretending to be a social activist, or a crime group with specialized intelligence, or any other person equivalent thereto), or if the Member has committed an illegal act, such as a violent act, a fraudulent act, an act of intimidation, or an act of obstruction of business.
• (6) If you violate any provision of the terms and conditions established by our company (including, but not limited to, these Terms and Conditions)

Article 9 Purchase of Products

1. Members may purchase Products using this Service. However, purchases of Products using this Service are limited to the Member's own use and are not permitted for the purpose of resale or as a proxy purchase at the request of a third party.
2. If a Member wishes to purchase this Product, he/she shall apply for the purchase of this Product in accordance with the procedures separately specified by the Company on this Site.
3. When the Member confirms the delivery address and order details etc. entered and registered in accordance with the application in the preceding paragraph and clicks the "Order" button, a sales contract for the Product in question will be formed between the Member and our company.
4. After the sales contract is concluded, we will carry out the delivery procedure for the Product in accordance with the order details. However, delivery of the Product by this service is limited to within Japan. In addition, the Member agrees in advance that delivery may be delayed depending on the delivery area and delivery situation.

Article 10 Payment Method

1. Members shall pay to our company the total amount displayed on this website, including the sales price of the Product, including consumption tax, shipping fees, and handling fees related to the payment of the sales price (hereinafter referred to as the "Purchase Price, etc.").
2. Payment methods for purchase prices, etc. by Members shall be limited to payment by credit card in the Member's name (limited to credit cards designated by our company), cash on delivery, or other payment methods separately approved by our company.
3. If payment is made by credit card, the terms of the separate contract between the member and the credit card company shall be complied with. If any dispute arises between the member and the credit card company in relation to the use of the credit card, the member and the credit card company shall be responsible for resolving the dispute.
4. If you pay by credit card, we will complete the payment procedure when the sales contract is concluded. If the product you ordered is a pre-order product, the payment may be debited before the product arrives. Please note this in advance.

Article 11 Cancellation of the sales contract

1. If a Member's purchase of this Product falls under any of the following circumstances, our company reserves the right to cancel or terminate the sales contract and/or take any other measures that our company deems appropriate.

• (1) If a Member falls under any of the prohibited acts set out in Article 14
• (2) Any other conduct that is deemed to be fraudulent or inappropriate in relation to the Member's use of the Service, or that may be fraudulent or inappropriate.

Article 12. Return, exchange, order withdrawal and cancellation of this product

1. Returns of this product will only be accepted in the following cases:

• (1) If there is a defect in this product
• (2) If the product you receive is different from the one you ordered
• (3) In the case of a product damaged during delivery
• (4) If the Company determines that the Product is defective.
• (5) If none of the above (1) to (4) apply, it is within 7 days of receiving the Product, and none of the following applies: However, products that are marked "Not eligible for return" on the sales page cannot be returned.
• ① If already used
• ②If you lose your delivery note
• 3) If the product tag or label is removed or lost
• ④ If the condition of the Product (including but not limited to the box and accessories) at the time of return is damaged, soiled, or lost compared to when it was delivered.
• 5. If the product becomes smelly, dirty, or damaged while in the customer's possession.
• ⑥ If the packaging of a Product in which the packaging is part of the Product is opened

1. Members shall apply for returns as set forth in the preceding paragraph in accordance with the procedures separately stipulated by our company, and for the preceding paragraphs (1) to (4), our company shall bear the cost of return shipping, and shall either refund the purchase price paid by the member to our company or exchange the product for a substitute. Even if an exchange for a substitute product is requested, it may not be possible to exchange the product due to reasons such as a shortage of the product. Furthermore, for the preceding paragraph (5), the member shall bear the cost of return shipping and the bank transfer fee for the refund, and our company shall refund the sales price of the Product at the time of purchase by the member, but shall not refund shipping fees or cash on delivery fees.
2. Orders for this product cannot be cancelled from the time of shipment until the product arrives, except for cases where the reason is attributable to our company. (Returns of products after they arrive shall be governed by the provisions of paragraph 1 of this article.)

Article 13 Disclaimer regarding Products

1. Except as provided in the preceding article, the Company shall not guarantee or assume any responsibility for damages with respect to the quality, materials, functions, performance, compatibility with other products, or other defects of this Site or the Products sold through this Site, or for any damages, losses, disadvantages, etc. caused by these.
2. In the event of any trouble due to an unknown delivery address, etc., our company will fulfill its obligation to deliver the Product by contacting the contact information registered by the Member and delivering the Product to the delivery address specified at the time of purchase of the Product, and will be exempt from said obligation.

Article 14 Prohibited Matters

1. Members are prohibited from engaging in any of the following acts. In the event that a violation of this rule causes damage to our company or a third party, the member in question will be liable for full compensation for such damage.

• (1) Any act that causes or may cause inconvenience, disadvantage or damage to other members, third parties other than other members, or our company
• (2) Any act that infringes or may infringe the copyright or other intellectual property rights, portrait rights, personality rights, privacy rights, publicity rights, or other rights of other members, third parties other than other members, or our company.
• (3) Using this Site for commercial purposes (including reselling the Products or using the Service at the request of a third party, excluding acts approved in advance by our company)
• (4) Any act that is contrary to public order and morals or that violates laws and regulations or that may be likely to do so.
• (5) Registering information that is false or misleading
• (6) Using, copying, selling, publishing, distributing, making public, or engaging in any other similar acts, on the content obtained through this site
• (7) Collecting, storing, or saving personal information of other members
• (8) Transferring, inheriting, or having the rights and status of a member exercised to another member or a third party, etc.
• (9) Any illegal use of a user ID and password (including, in effect, allowing a third party to use the Service via a member's user ID and password, regardless of whether the use is for non-commercial purposes).
• (10) Uploading to this site or transmitting by email or other means any content, including computer viruses, computer codes, files, programs, or the like, that are designed to interrupt, destroy, or limit the functionality of computer software, hardware, or telecommunications equipment
• (11) Any other act that the Company reasonably determines to be inappropriate, such as damaging or discrediting the Company.

Article 15 Withdrawal Procedure

1. Members may cancel their membership at any time by following the procedures specified by our company. The member will lose their membership status when our company receives the member's cancellation request. If you wish to cancel your membership and delete your account, please check our "Privacy Policy" and apply for account deletion here.

Article 16 Suspension or interruption of the Service

1. Our company reserves the right to suspend or discontinue operation of the Service if any of the following applies:

• (1) When regular or emergency maintenance is performed on the system of this Service.
• (2) When a third party that provides services on our behalf, such as payment processing, data analysis, email transmission, hosting services, and customer service, or a third party that provides marketing support for our company, performs regular or emergency system maintenance or cancels or interrupts the provision of their services.
• (3) When the provision of the Services cannot be performed normally due to war, riot, disturbance, labor dispute, earthquake, eruption, flood, tsunami, fire, power outage or other emergency.
• (4) Any other case in which the Company determines that a temporary suspension of the operation of the Service is necessary.
• (5) If it becomes technically difficult or impossible to provide the Service.

1. In the event that the Company suspends or interrupts the operation of the Service in accordance with the provisions of the preceding paragraph, the Company shall notify the Members in advance. However, this shall not apply in the case of an emergency or unavoidable situation.

Article 17 Disclaimer

1. When providing links from this site to other websites or resources, or links from third party websites or resources to this site, the Company shall not be held responsible for the content, use or results of the linked site (including but not limited to legality, validity, accuracy, reliability, safety, up-to-dateness and completeness). If the Company reasonably determines that the content of the linked website or resource is illegal or inappropriate for the management and operation of this site, the Company may delete the linked site without any notice to the member.
2. In the event that there is a transaction (including but not limited to participation in promotions such as sweepstakes) with an advertiser who advertises on this site (including but not limited to prize advertisements) or promotes, the member will enter into a transaction with the advertiser at his/her own discretion and responsibility, and the Company shall not be held responsible in any way in relation thereto. The Company does not guarantee the content or conditions of the transaction, such as the payment of the price of the product, the determination of the contract terms, guarantees, warranty liability, the existence of licenses, etc., and the Company shall not be held responsible in any way for any damage to the member arising from a transaction carried out via the advertisements or promotions posted on this site.
3. Even if the Service is temporarily suspended, interrupted or changed in the following cases, the Company shall not be liable for any damage, loss, disadvantage, etc. suffered directly or indirectly by the Member.

• (1) When the Service is suspended or interrupted pursuant to the provisions of Article 16
• (2) If you are unable to receive proper service from the telephone company, shipping company or provider with which we have a contract
• (3) When a technical issue arises that makes it impossible for us to deal with the problem.

1. By processing business in accordance with the member's registration details, our company will fulfill its obligations and be discharged from liability.
2. If a Member causes any damage to another Member or a third party through the use of this Service, the Member shall resolve the matter at his/her own responsibility and expense and shall not cause any damage, loss, disadvantage, etc. to the Company.
3. The Company shall not be liable for any damages (including mental distress or any other disadvantage, including monetary loss) arising from the use of the Service (including the provision of information by the Company in connection therewith) unless the Company is guilty of willful misconduct or gross negligence.
4. We shall not be liable for any damages suffered by members as a result of any illegal acts, such as unauthorized access to data on this site or the introduction of a computer virus, despite the reasonable security measures we have taken.
5. Even if we are liable, our liability shall be limited to direct and ordinary damages.

Article 18 Intellectual Property Rights

1. All intellectual property rights of the content provided through this site belong to our company or a third party that has granted us a license to use the content. The license to use this site based on the registration set forth in these Terms and Conditions does not imply a license to use our intellectual property rights related to our website or this site.
2. Regardless of the purpose, if any act prohibited by domestic and foreign copyright laws and other regulations, such as unauthorized duplication, reproduction, or other unauthorized secondary use of our content, is discovered, our company reserves the right to immediately take legal action.
3. If any dispute arises with a third party due to violation of the provisions of this Article, the Member shall resolve the dispute at his/her own responsibility and expense and shall not cause any damage, loss, disadvantage, etc. to the Company.

Article 19 Handling of Personal Information

1. Regarding the handling of personal information on this site, members must agree to our separate Privacy Policy and Handling of Personal Information before using this site.

Article 20 Management of Information

1. We may collect the following information about a member's access history in order to investigate the member's access history and usage status, or to improve services to members.

• (1) Information about the IP address or mobile device identification number when a Member accesses the server of this Site
• (2) Member access information acquired by the Company through cookie technology (a technology that temporarily writes data to a member's computer via a web browser to record and store the date and time the member last visited the site, the number of times the member visited the site, etc.)

1. Members shall acknowledge in advance that if they set their web browsers to reject cookies, their use of this Site may be restricted.

Article 21 Changes to the Content of the Service

1. Our company reserves the right to change or discontinue the content of this service without obtaining consent from the member. Even if our company changes or discontinues the content of this service, we shall not be held liable to the member.

Article 22 Other

1. A Member may not transfer or pledge as collateral to a third party his/her status as a Member or any rights or obligations arising from said status, except when approved in advance by the Company.
2. If any problem arises regarding the use of this site that cannot be resolved through these terms and conditions or our guidance and response, the Company and the member will negotiate in good faith to resolve the issue.
3. These Terms and Conditions are governed by the laws of Japan, and in the event of any litigation arising from the use of the Service, the Tokushima District Court shall be the exclusive court of first instance.