Terms of service

We have established the Terms of Service here defined for the service provided on TOKIWAGI online store operated by us.

These Terms of Service shall apply when you use this website and purchase products from us. Please be sure to read them carefully and agree to them beforehand.

1: Definitions

1. "The website" refers to the website operated by TOKIWAGI (https://tokiwagi-develop.myshopify.com/).
2. "The service" refers to all services provided by TOKIWAGI through the website.
3. "User" refers to individuals who use the service.
4. "Member" refers to the users who have completed the membership registration.

2: Use of The Website

To use this website, users need internet access. This website is compatible with the latest versions of the following browsers:

• Microsoft Edge
• Google Chrome (Both desktop and mobile versions)
• Safari
• Mobile Safari

3: User Qualifications

1. Users may use the service on this website based on these Terms of Use.
2. We may suspend a user's access to this website and stop providing service or products if the user falls under any of the following conditions:
   
   (1) The user does not exist in real life.
   
   (2) All or parts of the information provided by the user is false, incorrect, or missing.
   
   (3) The user has failed to make payments to our online store in the past.
   
   (4) The user engages in disruptive activities that interfere with other users' website usage.
   
   (5) The user violates these Terms of Use or other terms established by us.
   
   (6) Other situations where we deem it inappropriate.
   
   
3. We are not liable for any damages on users or third parties due to the user's inability to use the service under the conditions mentioned above.

4: Registration and Changes to Registered Information

1. Users can register as members on this website by providing information such as name, address, phone number, and email address, for the purpose of purchasing products or receiving newsletters.
2. Once membership registration is completed, members can purchase products by filling in with the registered email address, among other details.
3. We may refuse registration for membership if users falls under any of the following conditions:
   
   (1) All or parts of registered information is false, incorrect, or missing.
   
   (2) The user is under the age of 18, an adult ward, or a person under guardianship, and has not obtained the consent of a legal representative, a guardian, a curator, or an assistant.
   
   (3) We determine that the user associates with antisocial forces or is engaged in activities related to antisocial forces through funding or others.
   
   (4) The user or an associated person has violated a previous contract with our store.
   
   (5) Other cases that we deem that the membership registration is inappropriate.
   
   
4. Members must immediately notify us if there are any changes to the registered information using the method specified by the website.

5: Cancellation

If a member wishes to cancel the membership, they must follow the instructions specified by our store and notify us.

6: Management of Passwords and User IDs

1. Members are responsible for appropriately managing and keeping their passwords and user IDs for the service.
2. Members must not allow third parties to use their passwords and user IDs, share, transfer, sell, or engage in any other such activities.
3. If a member confirms that the entered password and user ID match those registered through our designated method, it will be considered the member's.
4. We are not liable for damages arising from the unauthorized use, fraudulent use, or other reasons, except in cases of intentional or gross negligence on us.

7: Delivery

1. The delivery for our products is limited to Japan only and areas specified by our store as available. No international shipment is available.
2. We will deliver products on the specified date. Regarding delivery service, the transport company is responsible for delivering to the user, and all the matters related to delivery service are applied to the terms and conditions established by the transport company.
3. Users acknowledge and agree to that we do not guarantee necessarily for the delivery timing and content, and may vary from the actual situation due to the delivery timing, website updates, stock status, supplier or carrier circumstances, and other reasons.
4. If a user refuses to receive the product without a valid reason, and the user does not receive the product even after the deadline we specified, we may cancel the contract for the product.

8: Delivery Unavailability

1. Due to natural disasters, transport accidents, even beyond our contraol, or other reasons, if the delivery become impossible by us or the transport company, we may arrange the delivery for alternative products.
2. We are not liable for any damages incurred by the users as a result of actions taken or not taken based on the preceding paragraph, except in cases of intentional or gross negligence on us.
   

9: Returns or Exchanges of Products

1. In general, users cannot request returns or exchanges for delivered products unless the type, the quality, or the quantity of the products do not conform from what they ordered. (referred to as "non-conformity").
2. If users finds a non-conformity with delivered products, they must notify us within 10 days from the date of arrival and follow the instructions specified by the store.
3. Based on the user's notification, if we acknowledge a non-conformity with the products, we will exchange the product or deliver alternative products by the user’s request. In this case, we will bear the shipping cost for the exchange or alternative products.
4. Deterioration in the quality of products stored for a long period by the transport company at the user's convenience (including delivery boxes) and the thawing of frozen products are not applicable as non-conformity, and we are not liable for such deterioration unless there is intentional or gross negligence on us.

10: Information Provision

1. We will provide information about ou products and others through emails, fax, and DMs to users who have requested to receive.
2. Users who requested information delivery services are deemed to agree to receive such services.

11: Confidentiality

Users must not disclose or leak our confidential information that is connected with the use of the service to third parties unless we have obtained the user's written consent beforehand.

12: Treatment of Personal Data

For some of the services provided on this website, users may need to enter personal data. The treatment of such information, including personal data, is governed by the Privacy Policy established on this website.

13: Prohibited Activities

1. Users and members shall not engage or potentially engage in the following acts when using the service:
   
   (1) Acts of violating laws, regulations, or public morals
   
   (2) Acts of infringing upon intellectual property rights such as copyrights, trademarks, design rights, rights of publicity, and other rights of us, other users, or other third parties, and acts of reproducing images and text from the website without permission
   
   (3)Acts of discrimination, threatening, defame, or slander to us, other users, or third parties, and damaging credibility or reputation
   
   (4) Acts of harming or damaging out store or other third parties
   
   (5) Acts of impersonating a third party to use the website.
   
   (6) Acts of transmitting, providing, or reccomding harmful programs such as computer viruses and any other viruses
   
   (7) Acts of modyfying or deleting our information or third party’s that is available on this website
   
   (8) Acts of using the facilities of the company and other third parties improperly or causing operational disruptions
   
   (9) Acts of using this website for fraudulent purposes
   
   (10) Acts of obstructing the operation of this website and our company
   
   (11) Acts of promoting criminal activities or implying the execution of criminal acts
   
   (12) Acts of violating this agreement or other regulations established by us
   
   (13) Providing benefits to antisocial forces and anything related to antisocial forces.
   
   (14) Using this website for political, promotional, or religious purposes
   
   (15) Other acts that we deem inappropriate
   
   
2. In addition to the acts listed above, users and members are strictly prohibited from engaging in any act for profit purposes of purchasing products on behalf of our company or a website entrusted with sales by our company and reselling them to third parties or any similar acts. If we discover a user has engaged in prohibited acts, or if it is determined that the user resaled or attempted to resale our products, we may, at its discretion, refuse to accept any orders placed after that point, and users and members agree to that. We shall not be held responsible for any disputes or issues arising from products purchased from sources other than our store or a site entrusted with sales by us.
3. If we receive any damages due to acts written in the provisions of Article 13, paragraph 1 or the preceding paragraph, we may claim compensation for damages from the user.
   

14: Suspension or Expulsion of Members

1. For the following reasons, we may temporarily suspend the use of this website, change the member's password, temporarily suspend or expel the member's membership without prior notification, warning, or obtaining the member's consent,:
   
   (1) Unauthorized use or allowing unauthorized use of regidstered information (including passwords) or use of this website.
   
   (2) Failure to make payments to our store.
   
   (3) Discovery of false, incorrect, or missing information in the member's registration details.
   
   (4) Refusal by members to make payment complying with the payment method specified by our store based on the credit examination results when purchasing products.
   
   (5) Unabiliability to proceed credit card payments when purchasing at our store.
   
   (6) Unauthorized use of credit cards by members.
   
   (7) Purchasing products for the purpose of resale.
   
   (8) Not receiving any response from members to inquiries related to orders.
   
   (9) Initiation or receipt of enforcement actions, such as seizure, provisional seizure, provisional disposition, compulsory execution, bankruptcy, or civil rehabilitation are filed against members, or the members files any petition above.
   
   (10) Exceeding the specified number of password input errors.
   
   (11) Unauthorized use of information provided by the website.
   
   (12) No use of this website within the period specified by us.
   
   (13) Not being able to reach contact by the information provided by the member.
   
   (14) Determination by our store that the member has a risk of causing damage to our store or other third parties.
   
   (15) Acts of business interference by members
   
   (16) Violation of the prohibitions specified in the preceding article.
   
   (17) Violation of any provisions of this agreement or other regulations established by our store.
   
   (18) Determination by our store that members’ use of this website is inappropriate for any other reason.
   
   
2. If any of the reasons specified in the preceding paragraph apply to the members, they shall lose the benefit of the terms for all obligations owed to our store and must immediately pay all obligations to us.
3. We shall not be liable for any damages incurred by members, even if our store takes the measures specified in the first paragraph of this article due to the occurrence of any reason specified in the first paragraph unless there is intentional misconduct or gross negligence on the part of our store.

15: Disclaimer

1. We fulfills our obligation to deliver the products of order to the address registered by the user and having the user receive the products.
2. When we have an obligation to notify users in this service, we fulfill our obligation by sending notifications to the user's address, phone, or email address as registered by the user. We shall not be responsible for damages incurred by the user due to the failure of reaching the notification to the user because the user did not register the user's correct address, phone number, or email address according to the methods specified by our store, except in cases where we have intentional or gross negligence.
3. We do not guarantee the accuracy, completeness, usefulness, timeliness, suitability, reliability, or performance of the content of this website and the information obtained through the use of this website. We shall not be responsible for any damages or losses incurred by the user or a third party due to the information provided, except in cases where we have intentional or gross negligence.
4. Regarding websites or pages linked to this website, we provide them for informational purposes only and does not verify the content of these websites or pages. We do not guarantee the content of these linked websites or pages, and we do not bear any responsibility in general.
5. We do not provide any guarantee to the user regarding the quality or performance of this website and are not responsible for any losses or damages (including data loss for any reason) that occur due to the suspension, discontinuation, defects, or any other related or associated events of this website.
6. We do not guarantee that the user will not receive any damage from computer programs such as computer viruses when using this website.
7. We are not liable for any damages incurred by the user due to the use or related to the use of this website, except in cases where we have intentional or gross negligence.

16: Interruption or Suspension of the Service

1. Without prior notice or obtaining the user's consent, we may temporarily interrupt or suspend all or part of the service for the following reasons:
   
   (1) Maintenance or inspections on computer systems related to the service.
   
   (2) Operations of the service become impossible due to force majeure such as earthquakes, lightning, fires, floods, power outages, or natural disasters.
   
   (3) Other situations where the we deem necessary to temporarily interrupt or suspend the service.
   
   
2. We shall not be responsible for any damages incurred by the user due to the temporary interruption or suspension of the service, except in cases where we have intentional misconduct or gross negligence.

17: Intellectual Property Rights

1. The various elements on this website (trademarks, images, text, videos, etc.) are protected by intellectual property rights. Therefore, except as explicitly provided in the Terms of Service, we do not grant users any rights other than the right to browse this website for personal and private use. It is prohibited to use or reproduce all or part of this website or the various elements on this websiteor for commercial purposes or otherwise regardless of the media used.
2. If users wish to use or reproduce the above, they must contact the information provided at the end to obtain permission from the us in advance.

18: Information on this Website

1. General Provisions
   We try our best to provide accurate and up-to-date information, but we cannot always guarantee the accuracy of all data on this website, especially when data is transmitted over the unreliable Internet. If you notice any inaccuracies or omissions in the information, please contact the information provided at the end.
   
2. Hypertext Links
   Through hypertext links on this website, users may be directed to websites managed by third parties that are not under the control of our store. If hypertext links are provided on this website to facilitate the user’s navigation, the user should follow the linked websites with their own responsibility.
   
3. Cookies
   Cookies are small data left on users’ computers when the users visit this website (they record viewed pages, browsing date and time, etc.), and they retrieve when the users visits this website again.
   

19: Changes and Termination of the Service

1. With prior notice to the users, we may change or terminate all or part of the service.
2. We shall not be responsible for any damages incurred by the users due to our measures based on the Terms of Service, except in cases where we have intentional misconduct or gross negligence.

20: Changes to the Terms

1. Based on Article 548-4 of the Civil law, the company may change the content of these terms without obtaining prior consent by the users if deemed necessary by our store. In such cases, we will notify the users of the changes, the content of the revised terms, and the effective date of the changes on this website.
2. If we notify and announce any change in the content of the Terms of Service, and the users use the service after the effective date specified in the notification, the revised terms will apply, and users will be deemed to have agreed to them.
3. However, if there is situation where changes to the content require users’ consent or prior notice under the law, we will obtain users consent or provide prior notice using the specified method.

21: Transfer of Contractual Status

1. Without our prior written permission, users may not transfer, assign, pledge, or otherwise dispose of our contractual status, rights, or obligations under this agreement to third parties.
2. If we transfer our business related to the service to another company, we may transfer to the transferee our contractual status, rights and obligations based on the Terms of Service, as well as registered information from members and other information related to the business transfer. Members hereby agree in advance to such transfers as stipulated in this paragraph. This provision includes not only normal business transfers but also any case where the business is transferred due to company splits or any other circumstances.

22: Governing Law and Consent Jurisdiction

The Terms of Servic shall be interpreted in accordance with Japanese law. In the event of a lawsuit related to this agreement will take place at the Saga District Court Karatsu Branch, which has jurisdiction over the location of the company, shall be the exclusive agreed-upon court of first instance.

Supplementary Provision

Effective date : March 26, 2023.