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Terms of service

This Terms of Use (hereinafter referred to as the "Terms") sets forth the conditions for using the online shop (hereinafter referred to as the "Service") provided by Cheerful Inc. (hereinafter referred to as the "Company") on this website. 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 regarding the use of the Service.
  2. The Company may establish various rules (hereinafter referred to as "Individual Provisions") regarding the Service, including rules for use. Regardless of their names, these Individual Provisions shall constitute a part of these Terms.
  3. If there is a conflict between the provisions of these Terms and the provisions of the Individual Provisions set forth in the preceding paragraph, the provisions of the Individual Provisions shall take precedence unless otherwise specified in the Individual Provisions.

Article 2 (User Registration)

  1. For the Service, user registration shall be completed when a prospective user agrees to these Terms and applies for user registration in the manner prescribed by the Company, and the Company notifies the prospective user of its approval.
  2. The Company may refuse to approve an application for user registration if it determines that the applicant falls under any of the following circumstances, and the Company shall not be obligated to disclose the reasons for such refusal:
    1. If false information is provided during the application for user registration
    2. If the application is from a person who has previously violated these Terms
    3. If the Company determines that user registration is not appropriate for any other reason

Article 3 (Management of User ID and Password)

  1. Users shall manage their user ID and password for the Service at their own responsibility.
  2. Users shall not transfer, lend, or share their user ID and password with any third party under any circumstances. The Company shall deem that any login with a combination of user ID and password that matches the registered information is made by the User registered with that user ID.
  3. The Company shall not be liable for any damages arising from the use of the user ID and password by a third party, except in cases of willful misconduct or gross negligence on the part of the Company.

Article 4 (Purchase Contract)

  1. In the Service, a purchase contract shall be formed when a User submits a purchase order to the Company, and the Company notifies the User of its acceptance of the order. The ownership of the purchased product shall be transferred to the User when the Company delivers the product to a shipping carrier.
  2. The Company may cancel the purchase contract set forth in the preceding paragraph without prior notice to the User if the User falls under any of the following circumstances:
    1. If the User violates these Terms
    2. If the delivery of the product cannot be completed due to an unknown address or prolonged absence
    3. If the Company determines that the trust relationship between the Company and the User has been impaired for any other reason
  3. The payment method, shipping method, cancellation of purchase orders, and return policy for the Service shall be determined separately by the Company.

Article 5 (Intellectual Property Rights)

The copyrights or other intellectual property rights to the product images and other content (hereinafter referred to as "Content") provided through the Service belong to the Company, content providers, and other legitimate rights holders. Users shall not reproduce, transfer, modify, or otherwise make secondary use of such Content without permission.

Article 6 (Prohibited Acts)

Users shall not engage in the following acts when using the Service:

  1. Acts that violate laws or public order and morals
  2. Acts related to criminal activities
  3. Acts that infringe on copyrights, trademarks, 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 that commercially utilize 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 thereof
  8. Acts of collecting or accumulating personal information of other Users
  9. Acts of impersonating other Users
  10. Acts of directly or indirectly providing benefits to anti-social forces in relation to the Company's services
  11. Any other acts deemed inappropriate by the Company

Article 7 (Suspension of Service Provision, etc.)

  1. The Company may suspend or interrupt all or part of the Service without prior notice to Users if it determines that any of the following circumstances exist:
    1. When performing maintenance, inspection, or updates of the computer systems related to the Service
    2. When the provision of the Service becomes difficult due to force majeure events such as earthquakes, lightning strikes, fires, power outages, or natural disasters
    3. When computers or communication lines are stopped due to an accident
    4. When the Company determines that the provision of the Service is difficult for any other reason
  2. The Company shall not be liable for any disadvantages or damages incurred by Users or third parties due to the suspension or interruption of the Service, regardless of the reason.

Article 8 (Restriction of Use and Cancellation of Registration)

  1. The Company may restrict all or part of a User's use of the Service or cancel the User's registration without prior notice if the User falls under any of the following circumstances:
    1. If the User violates any provision of these Terms
    2. If false information is found in the registered details
    3. If the credit card provided by the User as the payment method is suspended
    4. If there is a failure to pay fees or other payment obligations
    5. If the User does not respond to inquiries from the Company for a certain period
    6. If the User has not used the Service for a certain period since the last use
    7. If the Company determines that the use of the Service is inappropriate for any other reason
  2. The Company shall not be liable for any damages incurred by the User as a result of actions taken by the Company pursuant to this Article.

Article 9 (Withdrawal)

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

Article 10 (Disclaimer of Warranties and Exemptions)

  1. The Company shall not be liable for any damages incurred by Users or third parties due to the use or inability to use the Service, except in cases of willful misconduct or gross negligence on the part of the Company.
    1. We do not guarantee that the Service is free from any actual or legal defects (including but not limited to defects, errors, or bugs related to safety, reliability, accuracy, completeness, effectiveness, suitability for a particular purpose, security, or infringement of rights).
    2. We shall not be liable for any damages incurred by users due to the Service. However, if the contract between us and the users regarding the Service (including these Terms) is deemed a consumer contract under the Consumer Contract Act, this disclaimer shall not apply. Even in such a case, we shall not be liable for any damages arising from special circumstances (including cases where we or the users could have foreseen or could have foreseen the occurrence of damages) caused by our negligence (excluding gross negligence) or tort.
    3. We shall not be liable for any transactions, communications, or disputes between users and other users or third parties regarding the Service.

    Article 11 (Changes to Service Content, etc.)

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

    Article 12 (Changes to Terms of Use)

    We may change these Terms at any time without notifying users if we deem it necessary. If a user starts using the Service after the Terms have been changed, the user shall be deemed to have agreed to the changed Terms.

    Article 13 (Handling of Personal Information)

    We shall handle personal information obtained through the use of the Service in accordance with our Privacy Policy.

    Article 14 (Notices or Communications)

    Notices or communications between users and us shall be made in the manner prescribed by us. Unless we receive a notification of change from a user in the prescribed format, we shall deem the currently registered contact information to be valid and send notices or communications to that contact information, which shall be deemed to have reached the user at the time of transmission.

    Article 15 (Prohibition of Assignment of Rights and Obligations)

    Users shall not assign their status under the Service Agreement or any rights or obligations under these Terms to a third party or provide them as security without our prior written consent.

    Article 16 (Governing Law and Jurisdiction)

    1. These Terms shall be governed by and construed in accordance with the laws of Japan. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to the Service.
    2. Any disputes arising from the Service shall be subject to the exclusive jurisdiction of the court having jurisdiction over the location of our head office.

    End