Terms of service
Terms of Service
These Terms of Service (these "Terms") set out the conditions governing the use of the "imperf" online shop (the "Online Shop") provided on this website. Anyone who uses the Online Shop to browse or purchase products (a "User") is deemed to have agreed to comply with these Terms.
Article 1 (Application of the Terms)
- When a User places an order for products through the Online Shop, the User is deemed to have agreed to the contents of these Terms.
- In addition to these Terms, we may establish rules and specific conditions regarding the use of the Online Shop (the "Individual Provisions"). Regardless of their name, these Individual Provisions function as part of these Terms.
- Where the contents of these Terms and the Individual Provisions differ, the Individual Provisions shall take precedence unless otherwise expressly stated.
Article 2 (User Registration)
- At the Online Shop, a User may apply for user registration by agreeing to these Terms and following the prescribed procedures. User registration is completed when we approve the application.
- We may decline to approve a registration application in any of the following cases, and we are not obligated to disclose the reason:
- The submitted information contains falsehoods
- The application is from someone with a history of violating these Terms
- We otherwise determine that the user registration is inappropriate
Article 3 (Management of ID and Password)
- Users must securely manage their user ID and password used at the Online Shop at their own responsibility.
- Under no circumstances may a User transfer, lend, or share their user ID or password with any third party.
- When a login is performed using a user ID and password that correctly match, that activity shall be deemed to have been performed by the registrant of that user ID. We shall not be liable for any damages arising from unauthorized use by a third party, except in cases of our willful misconduct or gross negligence.
Article 4 (Conditions for Formation of Contract)
- A sales contract is formed at the point when a User's purchase application is approved by us and notice of that approval is given to the User. Ownership of the products and the associated risk transfer to the User when the products are handed over to the delivery carrier.
- We may cancel an established contract without prior notice if any of the following conditions apply:
- The User has violated any of these Terms
- Delivery of the product becomes difficult due to an unclear address, prolonged absence, or similar reasons
- A prohibited act has been committed
- There has been a delay in or failure to make payment
- Credit card payment becomes impossible
- A User under the age of 18 placed an order without the consent of a parent or guardian
- International shipping is required
- The ordered product is out of stock with no prospect of restocking
- The product is damaged or becomes defective during shipping, no replacement is available, and restocking is undetermined
- Supply of the product becomes impossible
- We otherwise determine that the relationship of trust with the User has been damaged
- Payment methods, delivery, cancellations, and returns relating to product purchases shall be governed by the provisions separately established by us.
Article 5 (Intellectual Property Rights in Content)
The copyright and other intellectual property rights in the product images and other content published on the Online Shop (the "Content") belong to us and our suppliers. Users are prohibited from copying, redistributing, modifying, or otherwise making secondary use of this Content without prior permission.
Article 6 (Prohibited Acts)
When using the Online Shop, Users must not engage in any of the following acts:
- Acts that violate laws or public order and morals
- Acts connected to or that encourage crime
- Acts that infringe copyrights, trademark rights, or other intellectual property rights within the Online Shop
- Acts that damage our servers or network functions, or interfere with their operation
- Acts that use information obtained through the Online Shop for commercial purposes without authorization
- Acts that unduly interfere with our business activities
- Attempting or carrying out unauthorized access
- Improperly collecting or storing the personal information of other Users
- Acting by impersonating another User
- Registering as a member using false information
- Placing an order using false information, or placing an order using another person's account
- Fraudulent use of a credit card
- Using our services to provide benefits to anti-social forces
- Any other act that we determine to be inappropriate
If a User violates these prohibitions, we may take necessary measures such as issuing a warning to the User, restricting use of the service, or suspending the account.
Article 7 (Suspension or Interruption of Service)
- If we determine that providing the service is difficult for any of the following reasons, we may suspend or interrupt all or part of the services of the Online Shop without prior notice to Users:
- When system maintenance or updates are necessary
- When providing the service becomes difficult due to earthquake, lightning, fire, power outage, or other force majeure
- When the service cannot be provided due to failure of computers or communication lines
- When we otherwise determine that providing the service is difficult
- We shall not be liable for any disadvantage or damage incurred by Users or third parties as a result of the suspension or interruption of the service.
Article 8 (Restriction of Use and Deletion of Account)
- If a User falls under any of the following, we may restrict the User's use of the service or delete the account without prior notice:
- The User has violated these Terms
- It is found that the registration information contains falsehoods
- The provided payment method has become unusable
- There has been a delay in or failure to perform a payment obligation
- The User has not responded to communications from us for a certain period
- The User has not used the service for a certain period
- There has been a payment delay or other default
- The User has engaged in acts such as repeated returns or cancellations
- We otherwise determine that use of the service is inappropriate
- We shall bear no liability whatsoever for any damages incurred by a User as a result of such measures.
Article 9 (Withdrawal Procedures)
A User may withdraw from the Online Shop at any time through the designated withdrawal procedures.
Article 10 (Disclaimer of Warranties and Limitation of Liability)
- We do not warrant that the Online Shop is free from defects in fact or in law (including defects relating to safety, reliability, accuracy, completeness, validity, fitness for a particular purpose, and security, as well as errors, bugs, and infringements of rights).
- We shall bear no liability whatsoever for any damages incurred by Users through the Online Shop.
- Where the contract between us and a User regarding the Online Shop (including these Terms) constitutes a consumer contract as defined under the Consumer Contract Act, the provisions of Article 7(2), Article 8(2), Article 10(2), and Article 11 shall not apply. However, even in such cases, we shall bear no liability whatsoever for any damages arising from special circumstances (including cases where we or the User should have foreseen the occurrence of damages) among damages incurred by a User due to our default or tort caused by our negligence (excluding gross negligence).
- We shall bear no liability whatsoever for any transactions, communications, or disputes arising between a User and other Users or third parties in connection with the Online Shop.
Article 11 (Changes to Service Content, etc.)
We may change or add to part or all of the content of the Online Shop, or discontinue provision of the Online Shop, without prior notice to or consent from Users, and we shall bear no liability whatsoever for any damages incurred by Users as a result.
Article 12 (Changes to the Terms of Service)
We may change these Terms without prior notice to or consent from Users. The amended terms of use shall take effect from the time they are posted on the Online Shop, and thereafter, when using the Online Shop, Users shall comply with the amended Terms.
Article 13 (Management of Personal Information)
We undertake to appropriately manage and protect the personal information provided by Users in accordance with the Online Shop's Privacy Policy.
Article 14 (Notices and Method of Communication)
All notices and communications between us and Users shall be made by the method we designate. A notice sent to the contact information provided by a User shall be deemed to have reached the User at the time it is sent. Users are responsible for promptly notifying us of any change to their contact information.
Article 15 (Restriction on Assignment of Rights and Obligations)
Unless with our express written consent, Users are prohibited from assigning or otherwise transferring to any third party their status regarding use of the service or their rights and obligations under these Terms.
Article 16 (Governing Law and Jurisdiction)
- These Terms shall be interpreted in accordance with the laws of Japan as the governing law. With respect to the Online Shop, the application of the United Nations Convention on Contracts for the International Sale of Goods is excluded.
- The User and we agree that the Tokyo District Court shall have exclusive agreed jurisdiction over any disputes arising in connection with the service.
For Customers Using the Service From Overseas
Governing Law and Jurisdiction
Japanese law applies to all transactions, including orders placed from overseas. In the event of a dispute, the Tokyo District Court shall be the exclusive agreed court of first instance.
Currency and Price Display
Prices for international customers are displayed in local currency through Shopify's automatic currency conversion. Because exchange rates are updated periodically, displayed prices may fluctuate. The amount at the time of payment is the final amount payable.
Export Restrictions
Our products are shipped from Japan. The customer is responsible for compliance with the import regulations of the destination country or region.
