Chapter 1 General Provisions
■Article 1 (Purpose of this Term)
■Article 2 (Definitions)
The following terms used in this Terms and Conditions shall have the meanings set forth below, except as otherwise provided in this Terms and Conditions.
(1) "Our Website" means the website operated by Us whose domain is "https://amarclifestore.com/" or a sub-domain of "https://amarclifestore.com/" (if the domain or content of our website is changed for any reason, including the website after such change).
(2) "Service" means services such as sales of various products and other related services provided by the Company under the name of "AMARC LIFE STORE" via the Internet, as well as members-only services. (In the event that the name or content of the service is changed for any reason, the service after such change shall be included.)
(3) "Customer" means any individual or legal entity that uses the Service.
(4) "Product" means any item sold by the Company through the Service.
(5) "Sales Contract" means a contract between the Company and a Customer whereby the subject matter is a product and the Customer promises to pay a certain price for the product.
■Article 3 (Use of the Service)
3 The Customer shall bear the costs related to the telecommunication environment, Internet usage fees, and other necessary costs when using the Service online (This means a state in which a computer or other equipment is connected to a network, or to another computer or other equipment through a communication line. The same shall apply hereinafter).
4 The Customer shall use the Service at its own risk and shall be fully responsible for any and all acts it performs on the Service and the results thereof.
6. Any dispute arising between customers or between a customer and a third party in connection with the Service shall be resolved at the customer's expense and responsibility, and except as provided in Article 10, the Company shall not be liable for any such matters.
■Article 4 (Use by Minors)
1 Minors shall obtain the consent of a legal representative such as a person with parental authority before applying for membership registration for the Service or using the Service in any way. The minor shall be deemed to have obtained the consent of his/her legal representative with respect to the use of the Service and the Terms and Conditions at the time the minor completes registration for use of the Service or at the time the minor uses the Service.
2. If a minor member uses the service without the consent of his/her legal representative, by falsely claiming to be of legal age, or by using other fraudulent means to make the member believe that he/she is of legal capacity, all legal acts related to the use of the service or purchase of products, etc. cannot be revoked.
■Article 5 (damages for delayed payment)
1 If you delay payment of the purchase price of the Products or any other money due to us by any name whatsoever, you shall pay us a late payment penalty at the rate of 14.6% per annum (calculated 365 days per year).
2 The Company may immediately suspend provision of the Service if the customer fails to complete the procedures prescribed by the Company for payment of the money specified in Paragraph 1 by the deadline specified by the Company.
■Article 6 (Prohibited Acts)
1 Members shall not engage in any of the following acts when using the Service
(1) Any act that infringes on the intellectual property rights, portrait rights, rights to privacy, honor, dignity, or other rights or interests of the Company, its officers, employees, other members, customers, or other related parties, or any third party (including any act that directly or indirectly causes such infringement).
(2) Actions related to criminal acts or actions contrary to laws and regulations or public order and morals.
(3) Transmitting information that contains computer viruses or other harmful computer programs.
(4) Actions that place an excessive load on the network or system of this service.
(5) Falsifying information that may be used in connection with this service.
(6) Acts of providing texts, materials, contents, etc. to third parties, unauthorized use, reproduction, secondary use, falsification, etc.
(7) Posting the contents of this service on a blog or social networking service.
(8) Actions for the purpose of collecting information about other customers or members.
(9) Impersonating the Company, another member, a customer, or any other third party.
(10) Using another member's account
(11) Profit-sharing with antisocial forces, etc.
(12) Use of the Service as a place for advertising or commercial purposes, such as sales pitches or solicitations.
(13) Resale or commercial purpose purchase of merchandise
(15) Any act that interferes (or may interfere) with the operation of this service by the Company
(16) Other activities that the Company deems inappropriate.
2 When a customer falls under any of the conditions of the preceding paragraph, or when the Company reasonably determines that a customer falls under any of the conditions of the preceding paragraph, the Company may cancel the purchase agreement in whole or in part without any notice or demand, and immediately discontinue providing the Service.
3 Except as provided in Article 15, we shall not be liable for any damages incurred by you based on actions taken by us pursuant to this Article.
■Article 7 (Cancellation, suspend, etc.)
If a customer falls under any of the following items, the Company may cancel the purchase agreement, temporarily suspend the use of the Service, or take other necessary measures without prior notice.
(1) Failure to pay debts owed to us.
(2) If member violate any of the terms and conditions set forth by the Company.
(3) When there is a false fact in the information provided to us.
(4) Where the Company ceases to make payments or becomes insolvent, or a petition is filed for commencement of bankruptcy proceedings, civil rehabilitation proceedings, or similar proceedings.
(5) When a credit card company notifies us of a credit default.
(6) In the event that circumstances have come to light that may indicate a crisis in solvency, etc.
(7) In the event of death, or in the event of a trial for commencement of guardianship, conservatorship, or assistance.
(8) If member have not responded to our inquiries or other communications requesting a response for more than 14 days.
(9) If member have been or are currently undergoing measures such as suspension of use of Membership service in the past.
(10) A minor, adult ward, person under curatorship or person under assistance who has not obtained the consent, etc. of his/her legal representative, guardian, conservator or assistant.
(11) If we determine that the applicant is an antisocial force, etc., or is involved in any interaction or involvement with antisocial forces, etc., such as cooperating or participating in the maintenance, operation, or management of antisocial forces, etc., through funding or other means.
(12) When we deem it necessary for the operation and maintenance of this service.
(13) In the event that the Company determines that there are other reasons similar to those listed in the preceding items.
2 Even if the Company takes the measures specified in the preceding paragraph, the Member shall not be released from all obligations and liabilities to the Company and other third parties (including, but not limited to, liabilities for damages).
3 Except as provided in Article 15, we shall not be liable for any damages incurred by you as a result of any action taken by us pursuant to this Article.
■Article 8 (Revision and Modification of these Terms and Conditions)
■Article 9 (Change, Suspension and Termination of this Service)
1 The Company may change or add to the Service, in whole or in part, without prior notice to the customer.
2 The Company may, at its discretion, terminate the provision or operation of all or part of the Service. In the event that the Company, at its discretion, terminates the provision or operation of all or part of the Service, the Company shall notify the customer to that effect in a manner that the Company deems appropriate. However, in case of emergency, the Company may not notify the customer.
3 The Company may temporarily suspend all or part of the Service without prior notice to customers in the event of any of the following events
(1) For periodic or emergency maintenance or repair of materials, telecommunications equipment, etc. used for this service.
(2) When it becomes necessary to ensure the security of our members and customers.
(3) When the services of a telecommunications carrier are not provided.
(4) In the event that provision of this service is difficult due to force majeure such as natural disasters, etc.
(5) In the event that provision of this service is difficult due to fire, power failure, other unforeseen accidents, war, disputes, uprisings, riots, labor disputes, etc.
(6) When the operation of this service becomes impossible due to laws and regulations or measures based on such laws and regulations
(7) Any other cases deemed necessary by the Company in accordance with the preceding cases.
■Article 10 (Disclaimer)
1 The Company shall not be liable for any damages incurred by you as a result of any action taken by the Company under these Terms and Conditions or any other action by the Company, except in the case of willful misconduct or gross negligence on the part of the Company.
2 The provisions of the preceding paragraph shall not apply if the contract between the Company and the customer regarding the Service constitutes a consumer contract as defined in Article 2, Paragraph 3 of the Consumer Contract law.
3 In the event that Paragraph 1 applies, the Company shall compensate for damages incurred by the Customer caused by the Company's intentional or gross negligence only for ordinary and direct damages, and shall not be liable for incidental damages, indirect damages, special damages, future damages, lost profits, attorney fees, etc. The amount of damages shall be limited to the amount received by the Company for the Services that directly caused such damages.
4 In the event that Paragraph 1 is excluded from application based on Paragraph 3, the provisions of the preceding Paragraph shall apply mutatis mutandis to damages caused by the Company's negligence (excluding gross negligence in this Paragraph).
5 Our liability for the quality, material, function, performance and compatibility with other products or other defects of the goods sold shall be limited to those set forth in these Terms and Conditions.
6 We (including our contractors) shall be indemnified from such obligation by contacting the contact person registered by the customer and by delivering the product to the delivery address specified at the time of purchase of the product.
■Article 11 (Attribution of Rights)
1 All ownership and intellectual property rights related to the Company's website and the Service are the property of the Company or those who have licensed their rights to the Company. Use of the Service does not imply any license to use the intellectual property rights of the Company or any other party that has granted a license to the Company in connection with the Company's website or the Service.
2 You shall not, for any reason whatsoever, engage in any activity that may infringe the intellectual property rights (including, but not limited to, disassembly, decompilation, and reverse engineering) of the Company or any party that has granted a license to the Company.
3 The trademarks, logos, and service marks appearing on the Company's website or on the Service are registered trademarks or marks of the Company. They may not be used unless the customer or the Company has granted permission for their use.
■Article 12 (Backup, etc.)
1 The Company does not guarantee that any data (customer IDs, passwords, purchase history, etc.) stored by the customer on the servers managed by the Company for the Service will not be erased or altered, and the customer shall make its own backups, and the Company shall have no obligation to make backups.
2 Customer shall back up any data (all data including software and applications) stored on equipment or hardware owned or controlled by you, for any reason, and We shall have no obligation to back up any such data.
3 In the event of a need for maintenance or improvement of our services, we may duplicate, etc., data that you have stored on servers managed by us to the extent necessary for maintenance or improvement of our services.
■Article 13 (External Services, etc.)
2. In addition to what is set forth in the preceding paragraph, customers shall be responsible for the preparation of communication equipment and software necessary for use of the Service, as well as the costs associated with communications.
■Article 14 (Personal Information)
■Article 15 (Advertisements, etc.)
1 The Company may place advertisements, etc. of third parties approved by the Company on the Company's website at the Company's discretion.
2 The Company may collect various types of information (surveys, IP addresses, cookies, location information, individual identification information of the device used, access logs, history of use of the Service, etc.) from customers who use the Service. However, the information collected here does not include your personal information.
3 In addition to improving the convenience of the Service, the Company may use the various information collected in accordance with the preceding paragraph for the distribution of various advertisements segmented based on such information within the Service and the services of third parties with which the Company is affiliated, as well as for marketing projects operated by the Company.
■Article 16 (Dispute Resolution and Compensation for Damages)
2 In the event that the Company is liable for default or tort for damages incurred by the Customer in connection with the use of the Service, the provisions of Article 10 shall apply mutatis mutandis.
■Article 17 (Disclaimer of Warranty)
(1)The Company shall ensure that the Service is suitable for the specific purposes of Members and Customers, and that it has the expected functions, commercial value, accuracy, usefulness, and completeness.
(2) The Service (including applications, etc.) shall operate flawlessly and identically on all terminals (PCs, cell phones, smartphones, and all other connected terminals) and in all environments (software, communication environment, etc.).
(3) Use of the Service by Members and customers shall conform to applicable laws and regulations, internal rules of industry associations, etc.
(4) In the event that our website provides links to other websites or links from other websites to our website, the accuracy, usefulness, and completeness of the websites other than our website and the information obtained from such websites.
(5) The legality, validity, accuracy, certainty, safety, currency, and completeness of photographs and comments regarding products displayed on the Company's website and comments regarding products posted by customers on Instagram and other social networking services.
■Article 18 (Communication and Notification)
1 Any inquiries or other communications or notices from Customer to us regarding the Service, or any other communications or notices from us to Customer, shall be made in accordance with the provisions of this Article.
2. Customer must set up her/his telephone number, e-mail address, and other contact information to receive communications from us at the time you register when you purchase a product.
3 In the event that the Company notifies a customer of information, etc. concerning the Service by e-mail or by making such information or notice known on the Website, the Company shall deem the notification to have been completed at the time the Company sends such information or notice to the e-mail address registered by the customer or at the time such information or notice is made known on the Website.
4 The Company shall not be liable for any failure to receive communications from the Company, except as provided in Article 15, in the event that the Company's communications do not reach the customer because the customer's registered contact information is incomplete, the customer fails to notify the Company of a change in contact information, or the customer fails to set up the Company's website to receive, or view communications properly, or the customer fails to view this website, or the customer fails to receive, or view communications due to communication problems.
5 We will provide you with administrative communications and other information regarding our operations.
6 We may conduct various types of surveys, such as questionnaires, for our customers.
■Article 19 (Assignment of Status, Transfer of Business)
1 Customer may not assign, transfer, grant a security interest in, or otherwise dispose of your position under the Subscriber Agreement or your rights or obligations under these Terms and Conditions to any third party without our prior written consent.
■Article 20 (Entrustment)
The Company may, at its own discretion, outsource all or part of the necessary operations related to the operation of the Service and provision of the Service to customers to a third party.
■Article 21 (Severability)
1 Even if any provision of these Terms and Conditions or part thereof is determined to be invalid or unenforceable under the Civil Law, the Consumer Contract Law, or other laws and regulations, the remaining provisions of these Terms and Conditions and the remaining portion of any provision that is determined to be invalid or unenforceable in part shall remain in full force and effect, and the Company and the customer shall endeavor to modify such invalid or unenforceable provision or portion to the extent necessary to make it legal and enforceable, and to ensure that the intent and legal and economic effect of such invalid or unenforceable provision or portion are equivalent.
2 If any provision of these Terms and Conditions, or any part thereof, is found to be invalid or unenforceable in relation to one Customer, the validity, etc. in relation to other Customers shall not be affected.
■Article 22 (Governing Law and Court of Jurisdiction)
These Terms and Conditions shall be governed by and construed in accordance with the laws of Japan, and any and all disputes arising out of or relating to these Terms and Conditions shall be submitted to the exclusive jurisdiction of the Tokyo District Court or the Tokyo Summary Court as the court of first instance, depending on the amount of the action.
■Article 23 (Consultation and Settlement)
Chapter 2 Terms and Conditions of Purchase Agreement
■Article 24 (Purchase of Products)
1 If you wish to purchase a Product through the Services, you shall apply to purchase the Product on the Company's Web site.
2 A purchase agreement for the relevant Product shall be deemed to be formed between the customer and the Company when the Company (including its subcontractors) sends an e-mail confirming the contents of the order after confirming the items entered by the customer and the contents of the order on the Company's website in connection with the application in the preceding paragraph.
3 The Company (including its subcontractors) shall ship the products sequentially after the conclusion of the purchase agreement in accordance with the preceding paragraph, and when the shipping procedure is completed, the Company (including its subcontractors) will send an e-mail to the customer confirming the completion of the shipping procedure.
■Article 25 (Method of Payment)
1 The price of the goods shall be the price of the goods (including consumption tax), plus applicable expenses (including, but not limited to, delivery charges, wrapping charges, etc.) and various commissions related to the sale of the merchandise.
2 Payment for products may be made only by one of the following methods of payment.
(1) Credit card under the Customer's name (Visa, MasterCard, American Express, JCB)
(2) Apple Pay under the Customer's name (limited to MasterCard and American Express credit cards. Credit cards other than those listed above and electronic money cannot be used.)
(3) Google Pay under the Customer's name (e-money or credit card registered in the Google account)
(4) Amazon Pay under the Customer's name (credit card registered with Amazon)
(4) Amazon Pay under the Customer's name (credit card registered with Amazon)
3 In the case of payment by credit card, the Customer shall abide by the terms and conditions of a separate agreement the customer has with the credit card company. If any dispute arises between the customer and the credit card company in connection with the use of the credit card, the customer shall resolve such dispute at its own responsibility.
4 When using external payment services (Google Pay, Apple Pay, Amazon Pay), products may be delivered to the address registered in the external payment service account. You shall confirm the registered address of such account at your own responsibility before purchasing the products, and the Company shall not be liable for delivery of the products to the address registered in such account in some cases. In the event that any dispute arises between a customer and an external payment service provider in connection with the use of the external payment service, the customer shall resolve such dispute at its own responsibility.
■Article 26 (Transfer of Ownership)
1 Ownership of the merchandise shall transfer to the customer upon completion of full payment of the merchandise price.
2 The risk of the merchandise shall pass to the customer at the time the Company (including its contractors) delivers the merchandise to the delivery company.
■Article 27 (Change of Purchased Products)
If Customer wish to change her/his purchase order, customer shall cancel her/his purchase order in accordance with the following Article, and then reapply to purchase the product(s) customer wish to purchase. This shall not apply if the conditions for cancellation of the purchase order are not met.
■Article 28 (Cancellation of Purchase)
The customer may cancel the purchase of a product only within 60 minutes after the purchase agreement pursuant to Article 24.2.
■Article 29 (Return or Exchange of Goods and Cancellation of Orders)
1 The Company will accept the return or exchange of merchandise only in the following cases
(1) the quality of the merchandise does not conform to the terms of the contract (i.e., the merchandise is torn, frayed, faded, moldy, or otherwise damaged, or differs from the description of the quality of the merchandise on our website)
(2) If the type or number of products arrives in a quantity that is different from that ordered.
2 Even if any of the items in the preceding paragraph applies, the customer must proceed as follows in accordance with the prescribed procedures.
The customer must notify the Company (including its subcontractors) within 7 days of receipt of the product and apply for return or exchange of the product, and if the application is not made within the stated period, the product cannot be returned or exchanged.
3 Even if any of the items in Paragraph 1 applies and the application procedures specified in the preceding paragraph have been completed, returns or exchanges will not be accepted if any of the following cases apply.
(1) If the goods do not arrive at the Company (including the Company's subcontractors) within 7 days from the date the application in the preceding paragraph is made, the goods cannot be returned.
(2) If the product has been used, altered, washed or cleaned.
(3) Product tag or label detached 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, lost or otherwise deteriorated compared to the condition of the product at the time of delivery.
(5) If the goods are stained, soiled or scratched, or if there is an odor on the goods.
(6) If the package is opened for a product of which the package is a part.
(7) Underwear, swimsuits, socks and other products that directly contact the skin, cosmetics and other hygiene products, supplements and other food products.
(8) Products using gift wrapping
(9) Merchandise that is marked as "no return or exchange" on the product description page, product purchase page, etc. on the Company's website
4 In the event of return or exchange of merchandise, the Company (including the Company's subcontractors) shall bear the cost of returning and resending the merchandise.
5 In the event that a Product cannot be returned or exchanged but is returned to the Company* (including the Company's subcontractors), the Company shall notify the Customer without delay after receipt of stated Product and request instructions from the Customer regarding receipt of stated Product within a reasonable period of time.
*including, but not limited to, the return, refusal to accept, or non-acceptance of goods that do not fall under any of the cases set forth in each item of Paragraph 1
If the Company receives instructions from the Customer regarding receipt of the Product, the Company shall deliver the Product on an "as is" basis and shall not be responsible for the condition of the Product, except as provided in Article 10.
6 In the event that you do not give us instructions within the reasonable period of time specified in the preceding paragraph, we may dispose of the Goods at our discretion by disposal or other means, assuming that ownership and other rights to the Goods have been relinquished by you. Except as provided in Article 10, we shall not be liable for such disposal.
7. If any of the Goods returned by the Customer to the Company are accompanied by the Customer's personal belongings, the Company may dispose of such personal belongings at its discretion by means of disposal or otherwise without notice or notification to the Customer, assuming that the Customer has waived ownership or other rights to such personal belongings. The Company shall not be liable to you for such disposal.
Established on April 12, 2023