Article 1 – Application
These Terms will apply to all relationship between the User and our Company regarding the use of our Shop.
In addition to these Terms, our Company may establish different regulations regarding our shop (hereinafter referred to as “the Individual Regulations”) such as rules of use. Regardless of their names, the Individual Regulations will constitute a part of these Terms.
In the event of inconsistency between any provision of these Terms and that of the Individual Regulations set forth in the preceding paragraph, the provisions of the Individual Regulations will prevail unless otherwise specified in the Individual Regulations.
Article 2 – Member Registration
At our Shop, the membership registration shall be deemed completed when the applicant agrees to these Terms, applies for membership in accordance with the method specified by our Company and when our Company notifies the applicant of approval regarding his or her application.
If our Company determines that the applicant for membership falls under any of the following causes, we may not approve the application for membership, and shall have no obligation to disclose the reasons.
- If false information is given during membership registration
- If the application is from a person who has violated these Terms
- If the membership registration is otherwise deemed inappropriate by our Company
Article 3 – Login ID and Password Management
The User shall manage his or her login ID and password of our Shop at his or her own responsibility.
Under no circumstances shall any Users transfer or lend their login IDs and passwords to any third parties or share them with any third parties. When the combination of login ID and password matches the registered information and the account is logged in, our Company shall deem it to be used by the User who has registered that login ID.
Our Company shall not be liable for any damage caused by the use of login ID and password by any third parties, except in the case of willful misconduct or gross negligence of our Company.
Article 4 – Sales Contract
At our Shop, a sales contract will be concluded when a User places an order to our Company and our Company notifies the User that we have accepted the order. Ownership of the product will be transferred to the User when our Company delivers the product to the delivery company.
Our Company may cancel the sales contract set forth in the preceding paragraph without prior notice to the User if he or she falls under any of the following causes.
- If the User violates these Terms
- If the delivery of the product is not completed due to unknown delivery address or prolonged absence
- If the trust relationship between our Company and the User is otherwise deemed to be destroyed
Click here for the flow of order, payment, and delivery related to our Shop, as well as the method of order cancellation, return, exchange or refund.
Article 5 – Handling of Personal Information
In order to protect the information assets possessed by Our Company, we manage and handle information assets in accordance with laws and regulations as well as the Information Security Policy and take appropriate and reasonable information security measures. Click here for the Information Security Policy of our Company.
Article 6 – Copyrights, Trademarks, Patents, and Other Intellectual Property Rights
Copyrights, trademarks, patents, and other rights related to the information posted on our Shop belong to our Company. Unauthorized use (including duplication, transfer, reprint, modification, or other secondary uses) of the information beyond the scope permitted by law, such as private use, is strictly prohibited.
In principle, we shall not accept any ideas or opinions submitted by the User. Nevertheless, if the User submits an idea or opinion unilaterally, we shall have all rights to the idea and opinion.
Our Company shall not take any responsibility for the contents of third-party websites linked from this Site (hereinafter referred to as “the Linked Sites”) or for any damage resulting from the use of the Linked Sites.
In principle, you are free to link to this Site. However, we may refuse the linkage depending on the contents of the linked websites (violation of public order and morals, etc.) or the linking method.
Article 7 – Prohibited Matters
Our Company prohibits the User from performing any of the following acts.
- Acts that cause or may cause damage to our Company or any third party
- Acts that infringe or may infringe the property, reputation, privacy, etc., of our Company or any third party
- Acts that destroy or interfere with the functioning of the servers or networks of our Company
- Acts that may interfere with the operation of our Company
- Acts of unauthorized access or attempts to do so
- Acts of collecting, using or selling personal information, etc., related to any other User
- Acts of impersonating any other User
- Acts that violate or may violate any other law, or public order and morals
- Other acts that our Company deems inappropriate
The User agrees to indemnify the Company against any damage if any of the above is violated.
Article 8 – Restriction of Use and Cancellation of Membership
Our Company reserves the right to restrict the use of all or part of our Shop or cancel the membership without prior notice in any of the following cases.
- If the User violates any provision of these Terms
- If it is found that there is a false fact in the registered information
- If the credit card registered as a means of payment by the User is suspended
- If there is a default of payment obligation such as charge
- If the User fails to respond to our contact for a certain period of time
- If the User does not use our Shop for a certain period of time since his or her last visit
- Other cases that are deemed unsuitable for the operation of our Shop by our Company
Our Company shall not be liable for any damage caused to the Users due to any actions taken by our Company under this Article.
Article 9 – Notice or Contact
Notification or communication between the User and our Company will be made in accordance with the method determined by our Company. Unless the User submits a change notification by the method specified separately by our Company, the currently registered contact information will be deemed valid while we shall make notifications or contacts to such contact information. These notifications and contacts are deemed to have reached the User at the time of transmission.
Article 10 – Suspension of Operation, etc.
Our Company reserves the right to suspend or terminate the use of all or part of our Shop without prior notice in any of the following cases.
- When performing maintenance, inspection, or updating of computer systems related to our Shop
- If the operation of our Shop becomes difficult due to force majeure such as earthquake, lightning strike, fire, power outage, or natural disaster
- If our computer or communication line is shut down due to an accident
- Other cases that are deemed unsuitable for the operation of our Shop by our Company
Our Company shall not be liable for any disadvantage or damage caused to the User or any third party due to the suspension or interruption of the operation of this Shop, regardless of the reason.
Article 11 – Membership Withdrawal
The User may withdraw their membership from our Shop by following the prescribed withdrawal procedure.
Article 12 – Disclaimer
Our Company does not guarantee that the operation of our Shop is free from any factual or legal defects (including safety, reliability, accuracy, completeness, validity, suitability for a particular purpose, defects related to information security or the like, errors and bugs, infringement of rights, etc.). In addition, although our Company carefully makes and manages all information posted on our Shop, we do not guarantee its accuracy or completeness.
Our Company shall not be liable for any damage arising from the use of our Shop or the inability of use of our Shop for any reason, or any damage arising from data writing, unauthorized access, comment, sending e-mail, etc. by any third party. However, if the contract (including these Terms) between our Company and the User regarding our Shop is a consumer contract as stipulated in the Consumer Contract Act, this disclaimer will not apply. Yet, even in this case, our Company shall not be liable for any damage arising from special circumstances (including cases that our Company or the User have foreseen or could have foreseen) caused to User due to any default of obligations or torts caused by the negligence (excluding gross negligence) of our Company.
Our Company reserves the right to modify the content of our products, services, or platform or suspend or discontinue the operation of our Shop without notice to user. We shall not be liable for any damage caused to user due to so.
Our Company shall not be responsible for any transactions, communications, disputes etc., between the User and any other User or third party regarding our Shop.
The User has an obligation to strictly manage his or her ID, password, etc., of our Shop and not to transfer or lend them to any third parties. The User will be deemed responsible for damage caused by inadequate management, mistake in use, and use by a third party of his or her ID, etc. Our Company shall assume no responsibility whatsoever.
Article 13 – Modification of Terms
Our Company reserves the right to modify these Terms at any time without notifying the User if it is deemed necessary. In addition, if the User starts to use our Shop after these Terms are modified, he or she will be deemed to have agreed to the modified Terms.
Article 14 – Prohibition of Transfer of Rights and Obligations
Article 15 – Compensation for Damage
If the User violates these Terms, he or she has an obligation to compensate us for any damage incurred.
Article 16 – Governing Law and Court of Jurisdiction
Unless otherwise specified, the use of our Shop and the interpretation and application of these Terms will be governed by the laws of Japan. In addition, unless otherwise specified, the Kofu District Court will be the exclusive court of jurisdiction in the first instance for all disputes regarding the use of our Shop.
Article 17 – Exceptions
Special provisions may be set out separately based on these Terms.
If there is any conflict between any provisions on the description page of our product, service or platform, and these Terms, the provisions stated on the description page of the product, service, or platform will apply.
These Terms are effective as of August 27, 2017.
- Version 1.0: Revised on October 1, 2021
We are an innovator of aquarium, manufacturing acrylic tanks
including the world-patented Bird’s Eye Aquarium
in our own factory in Yamanashi, JAPAN.