Terms of service

These Terms of Use (hereinafter referred to as the “Terms”) set forth the conditions for using the online shop (hereinafter referred to as the “Service”) provided on this website by INSTINCT BROTHERS Inc. (hereinafter referred to as the “Company”). Registered users (hereinafter referred to as “Users”) shall use the Service in accordance with these Terms.

 

■Article 1 (Application)

1. These Terms shall apply to all relationships between the User and the Company related to use of the Service.
2. In addition to these Terms, the Company may establish various rules and other provisions regarding the use of the Service (hereinafter referred to as “Individual Provisions”). These Individual Provisions, regardless of their name, shall constitute part of these Terms.
3. If the provisions of these Terms conflict with the Individual Provisions described in the preceding paragraph, the Individual Provisions shall prevail unless otherwise specifically provided therein.

 

■Article 2 (User Registration)

1. For the Service, user registration shall be completed when an applicant for registration agrees to these Terms, applies for user registration by the method specified by the Company, and the Company notifies the applicant that it has approved the application.
2. If the Company determines that an applicant for user registration falls under any of the following reasons, the Company may refuse to approve the application and shall have no obligation whatsoever to disclose the reason.
   1. If false information was submitted when applying for user registration
   2. If the application is from a person who has previously violated these Terms
   3. In any other case where the Company determines that user registration is inappropriate

 

■Article 3 (Management of User IDs and Passwords

1. Users shall manage their user ID and password for the Service at their own responsibility.
2. Users may not, under any circumstances, transfer or lend their user ID or password to a third party, or share them with a third party. If a login is made using a combination of user ID and password that matches the registered information, the Company will deem the use to have been made by the User who registered that user ID.
3. The Company shall assume no responsibility for any damages arising from the use of a user ID or password by a third party, except in cases of intentional misconduct or gross negligence by the Company.

 

■Article 4 (Sales Agreement)

1. For the Service, a sales contract shall be formed when a user submits a purchase application to the Company and the Company notifies the user that it has accepted the application. Ownership of the relevant product shall transfer to the user when the Company hands the product over to the delivery carrier.
2. If a user falls under any of the following reasons, the Company may cancel the sales contract described in the preceding paragraph without prior notice to the user.
   1. If the user violates these Terms
   2. If delivery of the product cannot be completed due to an unknown delivery address or prolonged absence
   3. In any other case where the Company determines that the relationship of trust between the Company and the user has been damaged
3. Payment methods, delivery methods, cancellation methods for purchase applications, return methods, and other matters related to the Service shall be handled in accordance with methods separately specified by the Company.

 

■Article 5 (Intellectual Property Rights)

Copyrights and other intellectual property rights in product photographs and other content provided through the Service (hereinafter referred to as “Content”) belong to the Company, content providers, and other legitimate rights holders, and users may not reproduce, reprint, modify, or otherwise make secondary use of such Content without permission.

 

■Article 6 (Prohibited Acts)

Users shall not engage in any of the following acts when using the Service.

1. Acts that violate laws or regulations or public order and morals
2. Acts related to criminal activity
3. Acts that infringe copyrights, trademark rights, or other intellectual property rights included in the Service
4. Acts that destroy or interfere with the functions of the Company’s servers or networks
5. Acts of commercially using information obtained through the Service
6. Acts that may interfere with the operation of the Company’s services
7. Acts of unauthorized access or attempts to do so
8. Acts of collecting or accumulating personal information and similar information about other users
9. Acts of impersonating another user
10. Acts of directly or indirectly providing benefits to antisocial forces in connection with the Company’s services
11. Any other acts that the Company determines to be inappropriate

 

■Article 7 (Suspension of the Provision of the Service, etc.)

1. If the Company determines that any of the following reasons exists, it may suspend or interrupt the provision of all or part of the Service without prior notice to users.
   1. If maintenance, inspection, or updates are performed on computer systems related to the Service
   2. If provision of the Service becomes difficult due to force majeure such as earthquakes, lightning strikes, fire, power outages, or natural disasters
   3. If computers, communication lines, or similar systems stop due to an accident
   4. In any other case where the Company determines that provision of the Service is difficult
2. The Company shall not be liable, regardless of the reason, for any disadvantage or damage suffered by users or third parties due to the suspension or interruption of provision of the Service.

 

■Article 8 (Usage Restrictions and Cancellation of Registration)

1. If any of the following applies, the Company may, without prior notice, restrict the user’s use of all or part of the Service or cancel the user’s registration.
   1. If the user violates any provision of these Terms
   2. If it is discovered that there is false information in the registered details
   3. If the credit card reported by the user as a payment method has been suspended
   4. If there has been a failure to perform payment obligations for fees or other amounts
   5. If there is no response for a certain period to communications from the Company
   6. If the Service has not been used for a certain period since the last use
   7. In any other case where the Company determines that use of the Service is inappropriate
2. The Company shall not be liable for any damages incurred by users as a result of actions taken by the Company under this Article.

 

■Article 9 (Withdrawal)

Users may withdraw from the Service by following the prescribed withdrawal procedure.

 

■Article 10 (Disclaimer of Warranties and Limitation of Liability)

1. The Company does not warrant that the Service is free from defects in fact or in law, including defects, errors or bugs, infringement of rights, and other issues related to safety, reliability, accuracy, completeness, effectiveness, fitness for a particular purpose, security, and similar matters.
2. The Company shall not be liable for any damages incurred by users through the Service. However, if the contract between the Company and the user regarding the Service (including these Terms) constitutes a consumer contract as defined under the Consumer Contract Act, this disclaimer shall not apply. Even in such case, the Company shall not be liable for damages arising from special circumstances among damages incurred by the user due to default or tort caused by the Company’s negligence (excluding gross negligence), including cases where the Company or the user foresaw or could have foreseen the occurrence of such damages.
3. The Company shall not be liable for any transactions, communications, disputes, or similar matters arising between a user and another user or a third party in connection with the Service.

 

■Article 11 (Changes to Service Content, etc.)

The Company may change the content of the Service or discontinue provision of the Service without notifying users, and shall not be liable for any damages incurred by users as a result.

 

■Article 12 (Changes to the Terms of Use)

If the Company determines it necessary, it may change these Terms at any time without notifying users. If a user begins using the Service after these Terms have been changed, that user shall be deemed to have agreed to the changed Terms.

 

■Article 13 (Handling of Personal Information)

The Company shall appropriately handle personal information obtained through use of the Service in accordance with the Company’s “Privacy Policy.”

 

■Article 14 (Notifications or Communications)

Notices or communications between the user and the Company shall be made by the method specified by the Company. Unless the user submits a change notice in the manner separately specified by the Company, the Company will regard the currently registered contact information as valid and send notices or communications to that contact information, and such notices or communications shall be deemed to have reached the user at the time they are sent.

 

■Article 15 (Prohibition of Assignment of Rights and Obligations)

The user may not transfer to a third party, or provide as collateral, their status under the service agreement or any rights or obligations under these Terms without the Company’s prior written consent.

 

■Article 16 (Governing Law and Jurisdiction)

1. These Terms shall be governed by the laws of Japan in their interpretation. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Service.
2. In the event of any dispute concerning this Service, the court having jurisdiction over the location of the Company’s head office shall be the exclusive court of agreed jurisdiction.

End