Terms of service
These Terms of Service (hereinafter referred to as the "Terms") set forth the terms and conditions for using the online shop services (hereinafter referred to as the "Service") provided by SWING JEWELRY Online Shop (hereinafter referred to as the "Shop") on this website. Registered users (hereinafter referred to as "Users") are requested to use the Service in accordance with these Terms.
Article 1 (Applicability)
- These Terms shall apply to all relationships related to the use of the Service between the User and the Shop.
- In addition to these Terms, the Shop may establish various rules and regulations regarding the use of the Service (hereinafter referred to as "Individual Regulations"). Regardless of their name, these Individual Regulations shall constitute a part of these Terms.
- In the event of any inconsistency between the provisions of these Terms and the Individual Regulations, the provisions of the Individual Regulations shall prevail unless otherwise specified in the Individual Regulations.
Article 2 (Registration)
- Registration for the Service shall be completed when an applicant agrees to these Terms, applies for registration by the method prescribed by the Shop, and the Shop notifies the applicant of its approval.
- The Shop may not approve an application for registration if it determines that the applicant falls under any of the following reasons, and shall not be obliged to disclose the reasons for such refusal:
- If false information is provided in the application for registration;
- If the application is from a person who has violated these Terms in the past;
- In any other case where the Shop determines that the registration is not appropriate.
Article 3 (Management of User ID and Password)
- Users shall manage their User IDs and passwords for the Service at their own responsibility.
- Users may not, under any circumstances, transfer or lend their User ID and password to a third party, or share them with a third party. When a User logs in with a combination of User ID and password that matches the registered information, the Shop shall consider such use to be by the User who has registered that User ID.
- The Shop shall not be liable for any damages caused by the use of a User ID and password by a third party, except in cases of willful misconduct or gross negligence on the part of the Shop.
Article 4 (Sales Contract)
Payment methods, delivery methods, cancellation methods for purchase applications, and return methods regarding the Service shall be determined separately by the Shop.
- A sales contract shall be formed within the Service when a User applies to purchase a product from the Shop and the Shop notifies the User of its acceptance of such application. Ownership of the product shall be transferred to the User when the Shop hands over the product to the delivery carrier.
- The Shop may cancel the sales contract set forth in the preceding paragraph without prior notice to the User if the User falls under any of the following reasons:
- If the User violates these Terms;
- If the delivery of the product is not completed due to an unknown address or long-term absence;
- In any other case where the Shop acknowledges that the relationship of trust between the Shop and the User has been damaged.
Article 5 (Intellectual Property Rights)
Copyrights and other intellectual property rights of product photos and other content provided by the Service (hereinafter referred to as "Content") belong to the Shop, content providers, or other legitimate right holders. Users may not reproduce, reprint, modify, or make other secondary use of the Content without permission.
Article 6 (Prohibitions)
Users shall not engage in the following acts when using the Service:
- Acts that violate laws and regulations or public order and morals;
- Acts related to criminal activities;
- Acts that infringe on copyrights, trademark rights, or other intellectual property rights contained in the Service;
- Acts that destroy or interfere with the functions of the Shop's server or network;
- Acts of commercially using information obtained through the Service;
- Acts that may interfere with the operation of the Shop's services;
- Acts of unauthorized access or attempts to do so;
- Acts of collecting or accumulating personal information about other Users;
- Acts of impersonating other Users;
- Acts of providing benefits directly or indirectly to anti-social forces in connection with the Shop's services;
- Other acts that the Shop deems inappropriate.
Article 7 (Suspension of Service Provision, etc.)
- The Shop may suspend or interrupt the provision of all or part of the Service without prior notice to Users if it determines that any of the following reasons exist:
- When performing maintenance inspections or updates of the computer system related to the Service;
- When provision of the Service becomes difficult due to force majeure such as earthquakes, lightning strikes, fires, power outages, or natural disasters;
- When computers or communication lines stop due to an accident;
- In any other case where the Shop determines that the provision of the Service is difficult.
- The Shop shall not be liable for any disadvantage or damage suffered by Users or third parties due to the suspension or interruption of the provision of the Service, regardless of the reason.
Article 8 (Use Restrictions and Deregistration)
- The Shop may restrict the use of all or part of the Service or deregister a User without prior notice if the User falls under any of the following:
- If the User violates any provision of these Terms;
- If it is found that there is a falsehood in the registered information;
- If the credit card reported by the User as a payment method has been suspended;
- If there is a default in the payment of fees, etc.;
- If there is no response to contact from the Shop for a certain period;
- If the Service has not been used for a certain period since the last use;
- In any other case where the Shop determines that the use of the Service is not appropriate.
- The Shop shall not be liable for any damages caused to the User by acts performed by the Shop based on this Article.
Article 9 (Withdrawal)
Users may withdraw from the Service by following the prescribed withdrawal procedures.
Article 10 (Disclaimer of Warranty and Immunity)
- The Shop does not warrant that the Service is free from factual or legal defects (including defects related to safety, reliability, accuracy, completeness, effectiveness, fitness for a particular purpose, security, etc., errors, bugs, or infringement of rights).
- The Shop shall not be liable for any damages caused to the User by the Service. However, if the contract between the Shop and the User regarding the Service (including these Terms) falls under a consumer contract defined in the Consumer Contract Act, this exemption clause shall not apply. Even in such a case, the Shop shall not be liable for any damages arising from special circumstances (including cases where the Shop or the User foresaw or could have foreseen the occurrence of damages) among damages caused to the User due to default or tort by the Shop's negligence (excluding gross negligence).
- The Shop shall not be liable for any transactions, communications, or disputes that arise between a User and other Users or third parties regarding the Service.
Article 11 (Changes to Service Content, etc.)
The Shop may change the contents of the Service or discontinue the provision of the Service without notifying Users, and shall not be liable for any damages caused to Users thereby.
Article 12 (Changes to Terms of Service)
The Shop may change these Terms at any time without notifying Users if it deems it necessary. If a User starts using the Service after a change to these Terms, such User shall be deemed to have agreed to the changed Terms.
Article 13 (Handling of Personal Information)
Personal information acquired through the use of the Service shall be handled appropriately in accordance with the Shop's "Privacy Policy".
Article 14 (Notification or Contact)
Notifications or contacts between a User and the Shop shall be made by the method prescribed by the Shop. Unless a User submits a change notification in accordance with the method separately prescribed by the Shop, the Shop shall consider the currently registered contact information to be valid and shall make notifications or contacts to such contact information, and these shall be deemed to have reached the User at the time of transmission.
Article 15 (Prohibition of Assignment of Rights and Obligations)
Users may not assign their status under the usage contract or rights or obligations based on these Terms to a third party or offer them as collateral without the prior written consent of the Shop.
Article 16 (Governing Law and Jurisdiction)
- Japanese law shall be the governing law for the interpretation of these Terms. The application of the United Nations Convention on Contracts for the International Sale of Goods applies is expressly excluded regarding the Service.
- In the event of a dispute regarding the Service, the court having jurisdiction over the location of the Shop's head office shall be the exclusive agreed jurisdiction.