Terms of service

Terms and Conditions of Use of Takumi Japan

Breeze Trees Co., Ltd. (hereinafter referred to as the "Company") hereby sets out the following terms and conditions of use (hereinafter referred to as the "Terms") for the use of this website operated by the Company.

Article 1 (Definitions)

1. In these Terms, the following terms shall have the following meanings

(1) "Site" means the website called "Takumi Japan" operated by the Company.

(2) "User" means a person who uses the Site in accordance with Article 4 (Registration and Registration Information). Users include visitors to the Site and those who have registered as members.

(3) "Services" means the services we provide directly to Users through the Site, including product sales and advertising.

(4) "Personal Information" means information that can be used to identify a specific individual (including information that can be easily matched with other information to identify a specific individual), such as name, address, telephone number, account information (email address, password, etc.), payment service information (credit card, WeChat Pay, Alipay) and usage history, etc., which is registered by the user. 

　2. The definitions in this Article apply to the entire Terms, unless otherwise defined.

Article 2 (Application)

1. Users agree to be bound by the Terms when using the Site. 
2. Specific regulations (hereinafter referred to as "Specific Regulations") separately established by the Company on the Site shall be considered as part of the Terms. In the event of any inconsistency between the Terms and the Specific Regulations, the Specific Regulations shall prevail over the Terms.

Article 3 (Modification of the Terms)

The Company may modify the Terms at its sole discretion without the User's consent. In such cases, the terms of use of the Service shall be based on the amended Terms. Such changes will be notified by sending an email to the email address previously provided to us by the User, by a general posting on this Site, or by any other method we deem appropriate, and will be effective from the time the User uses this Site after such notification. We will not be liable for any damages incurred by users as a result of changes to these Terms.

Article 4 (Registration and Registration Information)

1. A person who wishes to use the Service must agree to abide by the Terms and Conditions and register necessary information such as e-mail address, mobile phone number and password (hereinafter referred to as "Registration Information") in the manner specified by the Company to become a member of the Site. When registering the Registration Information, the User must be sure to register it themselves. We shall not be liable for any damages incurred by the User due to inaccuracies in the Registration Information. 
2. We may refuse or subsequently suspend the use of the Service if we determine that any of the following applies or is likely to apply

(1) The Registration Information contains inaccurate information, information that differs from that of the User, or false information.

(2) If the registration is made by a User who has previously been suspended from the Service by us for any reason, including violation of these Terms.

(3) If the User is found to be a member of, or to have any relationship with, an Anti-Social Forces, etc., such as being an officer or employee of a company in which Anti-Social Forces, etc. are substantially involved in the management of the company.

(4) If we determine that the same User has registered multiple accounts, which is prohibited in the preceding paragraph.

(5) If a User violates these Terms and Conditions.

(6) In any other case that we deem inappropriate. 

　3. Users are responsible for maintaining the confidentiality of their registration information (including, but not limited to, regularly changing passwords and preventing account theft, disclosure, unauthorized access, etc.) at their own risk. 

　4. Users must promptly update their registration information if it changes, and must keep their registration information current and accurate at all times.

Article 5 (Status of Users and Prohibited Matters)

1. Users shall not engage in any of the following actions

(1) Violate any laws and regulations applicable to the User (including, but not limited to, the laws and regulations of the country or region in which the User is located) when using the Site or the Service. 

(2) Take any action that violates the laws and regulations of the country or region in which the User is located.

(2) Use of the Site or the Service in any manner other than as specified by the Company.

(3) Use the Service by impersonating another person.

(4) Linking data related to the Service with other data, etc., in a manner other than as authorized by the Company.

(5) Unauthorized access to or destruction of data stored on servers used by the Company to operate the Site, or acts that adversely affect the servers or networks used by the Company and impede the operation of the Site, or acts that have the potential to do so.

(6) Actions that take advantage of any security vulnerabilities, errors, bugs, etc. in the system or software related to this Site or the like.

(7) Actions that interfere with the operation of the Site.

(8) Actions that Company deems inappropriate, such as purchasing a large number of products, repeatedly canceling purchases in a short period of time, or otherwise interfering with other users' use of the Service.

(9) Business activities using the Service, or actions for or in preparation of commercial purposes (including the purchase of products listed on the Site for the purpose of resale to others (hereinafter referred to as "Products")). However, this does not apply in cases where the Company has given separate permission.

(10) Collect or store personal information about other users or attempt to do so.

(11) Actions that may cause annoyance or inconvenience to other users or third parties who may be attempting to use the Service, or actions that may cause misunderstanding or confusion.

(12) Actions that violate public order or any other domestic or foreign laws and regulations.

(13) Actions that are offensive or immoral to others, such as making obscene, cruel, offensive, libelous, defamatory, discrediting, abusive, harassing, ethnically discriminatory, racially discriminatory or abusive remarks.

(14) Actions of presenting false facts.

(15) Actions that violate personal privacy.

(16) Actions that infringe the patent rights, utility model rights, design rights, trademark rights, copyrights, rights of publicity, or other rights of others.

(17) Reproducing, copying, or altering any photographs, text, advertisements, or other creations used in the Service. This does not apply if otherwise approved by the Company. 

(18) Encourage or facilitate criminal activity.

(19) Violate the confidentiality of the Company's communications, tangible or intangible property, or the honor or trustworthiness of the Company. 

(20) Directly or indirectly providing benefits to antisocial forces in connection with the Service.

(21) Actions that may cause annoyance or inconvenience to other users or third parties seeking to use the Service, or actions that may cause misunderstanding or confusion.

　2. If a User violates the preceding clause, or if we believe that there is a possibility of violation, we may exclude the User from using the Service or suspend the use of all or part of the Service without notice to the User. 

　3. We may prohibit a User who has been subjected to the measures described in the previous paragraph from using or accessing the Services provided by us in the future.

Article 6 (Price of Products)

1. The sales price of the Products for delivery within Japan shall be the indicated price (including consumption tax).
2. The sales price of the Products for delivery to countries and regions other than Japan is the displayed prices including, but not including, consumption tax. Customs duties in the destination country/region are also not included.

Article 7 (Formation of Sales Contract)

1. Users must apply to purchase products listed on the Site in accordance with the method specified by the Company. 
2. The sales contract for the Product is formed when the User receives an acceptance notice, such as an order confirmation and shipping date notification, from the Company after the User has applied for the purchase of the Product.

Article 8 (Payment)

1. Payment for the Products (including actual shipping costs) shall be made only by credit card, Alipay or WeChat Pay. 
2. Users must pay for the Products within the specified payment validity period of the Website system.

Article 9 (Exchange Rate)

The price of the Product is fixed in Japanese Yen. User shall pay for the Products and shipping costs in the currency of User's own country or region, which amount shall be converted using the latest exchange rate provided by Shopify, plus exchange fees.

Article 10 (Transfer of Ownership)

Ownership of the Product purchased by the User is transferred to the User upon delivery of the Product to a delivery company separately affiliated with the Company. Except as otherwise provided in these Terms, the Company shall not be liable for any loss, damage or deterioration of the Product due to causes beyond the control of the Company (natural disasters, war, riot, civil commotion, acts of terrorism and any other force majeure) occurring after the transfer of ownership to the User. The Company shall be liable for any loss of the Product due to the intentional or negligent act of the delivery company before the Product arrives at the delivery address specified by the User. However, the Company shall not be liable for loss or destruction of the Products due to problems with customs clearance in the destination country or region. 

Article 11 (Cancellation)

The Company may cancel the sales contract with the User for the Products in the following cases 

1. If we believe that the User has violated or is likely to violate the Terms; 
2. If the Company is unable to deliver the Product due to an unknown delivery address, etc. 
3. if the Product cannot be delivered due to lack of stock, etc.

Article 12 (Modification, Suspension and Termination of this Service)

1. The nature and content of this Service may be changed, increased or decreased at any time in the sole discretion of the Company, and notice of such changes, increases or decreases will be given by posting on the Site at any time, by email, or by any other means of communication that the Company chooses at its sole discretion. 
2. The Company may, in its sole discretion, temporarily suspend or discontinue the Service, in whole or in part, without notice to the User, in the event of any of the following

(1) When the Company regularly or urgently inspects or upgrades the equipment or system for the Service. 

(2) If the provision of the Service becomes difficult due to fire, power failure, natural disaster, terrorism, riot, labor dispute or other act of God, or social unrest.

(3) If the Service cannot be provided due to the failure or malfunction of servers, communication lines or other equipment.

(4) At the request of any law, court, governmental agency or other public authority or similar body; or

(5) In the event that the Company deems it necessary to temporarily suspend or discontinue the Service for operational or technical reasons, or in the event that the Company deems it difficult to provide the Service due to unforeseen circumstances.

Article 13 (Copyright)

1. The design rights, copyrights, trademarks and other intellectual property rights (including the rights specified in Articles 27 and 28 of the Japanese Copyright Act) and all other rights relating to all materials, content and other works (hereinafter referred to as "Works, etc.") that make up the Service are reserved by the Company or the relevant parties. (including but not limited to product manufacturers). 
2. Users may not use (including, but not limited to, reproduction, sale, publication, or any other use) any of the copyrighted materials provided through this Site in any way (including use by third parties) without the consent of the copyright owner, beyond the scope prescribed by law. 
3. Users may not allow the use or disclosure of any information provided through the Site in any way (including use by third parties) without the consent of the rights holder. 
4. In the event that a problem arises as a result of a violation of the previous two paragraphs, the user shall resolve the problem at his/her own responsibility and expense, and shall not cause any inconvenience or damage to our company.

Article 14 (User's Responsibility, Connection Environment and Data)

1. The User shall prepare and maintain the computer, smart phone, other equipment, software, communication lines and other communication environment, etc. necessary to receive the provision of this Service at the User's expense and responsibility. Users are also responsible for installing and operating such equipment, software, communication environment, etc. at their own expense and responsibility. We do not guarantee that the Service will be compatible with any software and equipment, and we will not be involved in any way in the preparation, installation or operation of the equipment, and we will not provide any support to the User. 
2. The User must use the Service with the understanding that, in using the Service, he/she may pass through various networks and that the content of data, signals, etc. may be modified in order to connect to or pass through such networks or devices, etc., depending on the networks or devices, etc., to which he/she is connected.
3. All procedures for registering, displaying, purchasing and all other procedures for this Service carried out via the Internet connection shall be deemed to be effective when the data relating to such procedures are sent to our server and the contents of such procedures are reflected in our system, and the data recorded in our system shall be deemed to be correct data.

Article 15 ( Non-Warranty, etc.)

1. Even if the Service links to a third party website or resource, or a third party website or resource links to the Service, the Company makes no warranty as to the content, use or results (including, but not limited to, legality, validity, accuracy, reliability, security, timeliness and completeness) of such third party websites or resources. The Company may remove any links to third party websites or resources without notice to the User. 
2. The Company is not liable for any damages to User caused by unauthorized access to data related to the Service, computer viruses or other unauthorized acts, despite our reasonable security measures. 
3. The Company makes no warranty, express or implied, that the information on the Site is free from defects (including defects in security, reliability, accuracy, completeness, validity, fitness for a particular purpose, security, etc., errors or bugs, non-infringement, etc.). We are under no obligation to remedy such defects and provide the Service to the User.

Article 16 (Liability for damages)

1. The Company does not warrant that the provision, delay, modification, suspension, interruption, discontinuance or elimination of the Service, damage caused by the leakage or destruction of information provided by the User, or any other damage caused to the User or any third party in connection with the Service will not occur. 
2. If a User causes damage to a third party through the use of the Service, the User shall resolve the matter at the User's own responsibility and expense, and shall not cause damage to the Company. In the event that a user causes damage to the Company by acting in violation of these Terms, or by acting in an unauthorized or illegal manner, the Company may seek reasonable damages (including attorneys' fees paid by the Company) from such user. (including a claim for attorney's fees paid by us) from such user.

Article 17 (Disclaimer)

The Company shall not be liable for any failure of the Company to perform its obligations, unless such failure is caused by the Company's willful misconduct or gross negligence. In the event that a contract with a User for the use of the Service under the Terms constitutes a consumer contract within the meaning of the Consumer Contracts Act, the above disclaimer shall not apply and the Company shall not be liable for any damages, except in the case of intent or gross negligence on the part of the Company, within the scope of damages that could normally be expected and not including, but not limited to, those for paid services (including, but not limited to, the sale of the Product).  In this case, the Company shall be liable for damages up to the amount paid for such services (including, but not limited to, the Product).

Article 18 (Privacy Policy)

The management and handling of the User's information that may become known to the Company in connection with the User's use of the Service shall be governed by the provisions of the Privacy Policy separately established by the Company.

Article 19 (Transfer of contractual status, etc.)

1. The User may not transfer the contractual status, rights and obligations arising from the contractual status, in whole or in part, to a third party without the prior written consent of the Company. 
2. In the event that the Company transfers the business of the Service to another company, the Company may transfer the contractual status, rights and obligations under the Terms, user registration items and other information to the transferee of such business transfer. The User shall be deemed to have consented in advance to such transfer.

Article 20 (Severability)

If any provision of these Terms, or part thereof, is determined to be invalid or unenforceable under the Consumer Contract Act or any other law or regulation, the remaining provisions of these Terms and the remaining part of the Terms determined to be invalid or unenforceable shall remain in full force and effect.

Article 21 (Applicable law and agreed jurisdiction)

The formation, validity, performance and interpretation of these Terms shall be governed by the laws of Japan. The Tokyo District Court shall have exclusive jurisdiction in the first instance to settle any disputes arising in connection with these Terms.

Adopted March 30, 2023