TERMS AND CONDITIONS

Chapter 1. General Provisions

Article 1. Scope of Application of and Changes to the Terms & Conditions
1. The Terms & Conditions set out terms and conditions regarding the use of the common services on “TOGA ONLINE STORE” (hereinafter the “Services”), a website run by TOGA ARCHIVES Co., Ltd. (hereinafter the “Company”).

2. The Terms & Conditions shall apply to all users of the Services specified in Article 3.

3. The Company may change the Terms & Conditions entirely or partially as needed upon announcement or notice to users using means such as posts on the website or emails that the Company deems appropriate, without obtaining prior consent of the users.

4. If the Terms & Conditions are changed entirely or partially, the Terms & Conditions after the changes will be applied to the use of the Services.
Article 2. Use of the Services
Users shall use the Services in compliance with the laws and regulations, rules, notices, the Terms & Conditions, as well as with other terms and conditions, personal information protection policy, privacy policy, etc. separately set out by the Company.


Chapter 2. Users and Members

Article 3. Users
For the purpose of the Terms & Conditions, “user(s)” refer to persons and members who, upon accepting the entire content of the Terms & Conditions, search, browse, or use the images, text, design, logos, videos, programs, ideas, information, etc. (hereinafter the “Contents”) that the Company provides in the Services.
Article 4. Members
For the purpose of the Terms & Conditions, “member(s)” refer to those who, upon accepting the entire content of the Terms & Conditions, have applied for membership registration according to the Company’s prescribed procedure and whose registration application has been approved by the Company.
Article 5. Membership Registration
1. Those who wish to register as a member (hereinafter the “Registration Applicant”) shall apply for membership registration according to the procedure specified by the Company on the Website. Membership registration is free of charge.
2. The membership registration procedure is completed when the Company approves the application described in the preceding paragraph. However, the Company may not approve membership registration applications or may cancel approval even after approval if:

(1) it is found out that the Registration Applicant had received a punishment such as membership revocation in the past due to reasons such as violation of the terms and conditions (including but not limited to the Terms & Conditions) pertaining to any of the services provided by the Company;
(2) the information provided by the Registration Applicant in the application contains false information;
(3) it is found out that the Registration Applicant, in relation to any of the services provided by the Company and without any justifiable reasons, had caused a delay in the performance of his/her payment obligation for a fee, etc., had been unable to receive products, etc. for an extensive period of time, had refused to return/exchange, or had failed to perform other obligations in the past;
(4) it is found out that the Registration Applicant had engaged in any of the actions specified in “Article 16. Prohibitions” herein in the past; or otherwise
(5) the Company reasonably determines that it is inappropriate to approve the registration application in terms of operation/management of the Services.
Article 6. Changes to Registered Information
1. If there have been any changes in any piece of information currently registered with the Company, the member shall make changes to the registered information promptly using a method separately specified by the Company. Even if the member does not make necessary changes, Company’s work performed based on the information already registered shall be deemed proper and effective.

2. The Company will not be liable for any damages due to the failure of users to make changes to their registered information as needed.
Article 7. Discontinuation of Use of the Services and Revocation of Membership
If a member falls under any of the items below, the Company may, without prior notice, take measures against the member such as discontinuation of use of the Services, revocation of his/her membership, or other measures the Company deems appropriate. In such case, the Company shall have no obligation to disclose the reasons for implementing such measures. Even if a discontinuation of use or a revocation of membership is implemented, the former member against whom the measure has been taken shall not be exempt from his/her responsibilities hereunder, such as his/her responsibility for payment that has already arisen due to the Services.

(1) The member falls under any of the items of Paragraph 2, Article 5 herein.
(2) It is found out that the member had engaged in any of the actions specified in “Article 16. Prohibitions” herein in the past.
(3) The member has violated any other terms and/or conditions set out by the Company.
Article 8. Membership Cancellation Procedure
Members may cancel their membership at any time through the Company’s prescribed procedure. Members will lose their membership once the Company receives their application for cancellation.
Article 9. Management of User IDs and Passwords
1. Members shall be responsible for carefully managing and keeping the user ID and the password (hereinafter the “User ID/Password”) that they set by themselves at the time of membership registration, etc.

2. Unless members have the Company’s prior consent, members must not, including but not limited to, assign, buy/sell, turn over, lend, disclose, or divulge their User ID/Password to any third party.

3. If a member finds out that there is an unauthorized use of his/her User ID/Password by a third party or if such use is suspected, the member shall contact the Company immediately.

4. Members shall be liable for damages attributable to reasons such as insufficient management of their User ID/Password, misuse of their User ID/Password, mistakes in the use of their User ID/Password, or use of their User ID/Password by third party without permission, and the Company shall accept no liability for such damages.
Article 10. Handling of Personal Information
1. The Company truly recognizes the importance of the personal information of its users and members, complies with the “Act on the Protection of Personal Information” and the Ministry of Economy, Trade and Industry’s “Personal Information Protection Guidelines”, and sets its own standards. Furthermore, all of the Company’s employees follow these laws, guidelines, and standards. The Company continues to meet the expectations and live up to the trust of its users and members by appropriately managing the personal information provided by its users and members and properly using such information in line with the intended purposes.

2. The Company obtains and uses personal information of its users and members for, including but not limited to, the following purposes: a) sales promotion through distribution of information, letters, etc. such as product information, living-related information, and/or special benefits, b) processing of sales-related services such as order acceptance, payment, product reservation, repair/modification, delivery at a later date, shipping, and/or after-sales services, c) marketing activities for product planning, product development, business development, etc. in the future, and/or d) margin trading. For the purpose of these Terms & Conditions, the term “personal information” includes not only the personal information of users and/or members, but also the personal information obtained indirectly through users and/or members such as personal information of their family members and/or personal information of shipping recipients.

3. Personal information of users and members obtained by the Company in relation to the use of the Services shall be handled according to the Privacy Policy separately set out by the Company.
Article 11. Use of Cookies, and Ad Serving by Third Party Companies including Google Using Cookies
1. The Company’s advertisements are posted on various websites on the internet using third party serving companies including Google.

2. Third-party serving companies including Google may deliver advertisements using cookies (a technology which temporarily writes data into a user’s computer through a web browser, thereby tracking and saving various information such as date and time of the user’s last visit to a certain website and the number of his/her visits to the site) and based on the information about access to this website in the past.

3. Members can turn off the Google’s use of cookies by visiting Google Ads’ opt-out page. Members can also turn off the use of cookies by other third-party serving companies by visiting the Network Advertising Initiative’s opt-out page.

4. Cookies issued by this website will be used only for the purpose of effective ad delivery and will not be used for gathering of personal information or any other purposes.


Chapter 3. Product Purchase

Article 12. Product Purchase
1. Members who wish to purchase our products, etc. (hereinafter the “Products”), they may do so by using the Services and according to the method separately specified by the Company.

2. A sales contract shall be deemed concluded once the member clicks on the button for placing the order upon checking the information the member has entered and/or registered such as a delivery recipient and order details, and later the Company confirms the order details and then an email stating the acceptance of the order reaches the member.

3. Notwithstanding the provision of the preceding paragraph, the Company may cancel or take other appropriate measures for a sales contract if there has been any misconduct or inappropriate conduct in relation to the use of the Services.

4. After the conclusion of a sales contract, the Company will arrange shipping for the Products according to the order details. However, shipping of the Products through the Services is available only in Japan. Also, members shall accept in advance that delivery may be delayed depending on delivery areas or due to shipping status.
Article 13. Payment Method
1. The amount of payment for the Products is the total amount of the purchase price for the Products including tariffs.

2. When making a payment for the Products purchased through the Services, it shall be made by either a credit card in the member’s name or by a payment method separately specified by the Company.

3. When making a payment by credit card, it will be subject to the terms and conditions separately agreed upon between the member and the credit card company. If any conflict arises between a member and a credit card company, etc. in relation to the use of a credit card, the member and the credit card company shall resolve it in a responsible manner.
Article 14. Return/Exchange of the Products, and Cancellation of Orders
1. Product returns will be accepted if it is within seven days of arrival of the product and if:

(1) it is found out that the product is an imitation (copy), etc.;
(2) the product has a defect;
(3) a wrong product was delivered;
(4) the product has been damaged during shipping; or
(5) it does not fall under any of the following cases; however, returns will not be accepted for products that are labeled as “Non-Returnable”.
1 The return is due to personal reasons (e.g. not the right size or ordered a wrong item).
 2 The product has been used, modified, washed, or taken to the dry cleaners.
 3 The packing slip has been lost.
 4 Product tags/labels have been removed or lost.
 5 The returned product (including but not limited to its box and accompanying items) is damaged, soiled, lost, etc. compared to its condition when it was delivered.
 6 The product has an odor.
 7 The package forming a part of the product has been opened.
 8 The product is a “Fukubukuro” (lucky bag), sale product, outlet product, or reserved product.
 9 The return, exchange, or cancellation is due to packaging materials which have been soiled and/or damaged during storage, shipping, import, etc.

2. Members shall request a product return described in the preceding paragraph according to the procedure separately set out by the Company. In the case of (1), (2), (3), or (4) of the preceding paragraph, the Company bears the cost for return shipping, and refunds the sale price paid by the member at the time of purchase as well as the shipping fee, or exchanges the product with a replacement item. Please note that even if you request a replacement item, the Company may not be able to provide you with it due to reasons such as out-of-stock.
In the case of (5) of the preceding paragraph, the member shall bear the cost for the return shipping as well as the bank transfer fee for the refund, and the Company refunds the sale price paid by the member at the time of purchase and does not refund the shipping fee.

3. When returning a product, a member shall return the product, which was a returnable item at the time of purchase, and the Company shall accept the return by deducting the product possessed by the member.

4. Once the shipping is processed, the order may not be cancelled unless there is a reason attributable to the Company.


Chapter 4. Disclaimer and Prohibitions

Article 15. Disclaimer
1. Except for the cases specified in the preceding article, the Company shall not provide any guarantee or bear any burden such as liability for damages in relation to a) the Services, b) the quality, materials, functions, performance, product compatibility, and/or other defects of the Products sold through the Services, or c) damages, loss, disadvantages, etc. caused by these factors.

2. With respect to problems due to reasons such as cases where the specified shipping destination cannot be found, the Company shall be deemed to have performed its obligation to deliver the Products and shall be exempt from the obligation as long as the Company has shipped out the Products to the shipping destination specified at the time of purchase of the Products.

3. If the Company is providing links from the Services to other websites or resources, or links from third party websites or resources to the Services, the Company shall not accept any responsibility for the contents of the linked pages, etc., the use thereof, or the results of the use thereof (including but not limited to legality, validity, accuracy, certainty, safety, and completeness, or if they are up to date). If the Company reasonably determines that the contents of a linked website or resource are illegal or inappropriate for the purpose of the management/operation of the Services, the Company may delete the link of the website or resource without any notification to its members.

4. The Company shall accept no liability for damages, loss, disadvantages, etc. directly or indirectly incurred by its members even if the Services are suspended, stopped, or changed temporarily due to any of the following reasons.

(1) Occurrence of natural disasters such as fire, earthquake, flood, lightning strike, and/or heavy snow.
(2) Occurrence of social unrest such as war, civil strife, terrorism, riot, and/or turmoil.
(3) The Company was unable to receive appropriate services from the telephone company, transport companies, or providers with whom the Company has a contract with.
(4) Occurrence of reasons that cannot be handled by the Company technically.

5. By processing clerical duties according to the registered information of members, the Company shall perform its obligations and shall be exempt from the obligations.

6. If a member causes any damage, etc. to other users or third party due to the use of the Services, the member shall resolve it on his/her own responsibility and at his/her own expense and shall hold the Company harmless from any damages, loss, disadvantage, etc.

7. The Company shall accept no liability for damages (any and all disadvantages including mental distress or other monetary losses) due to the use of the Services (including but not limited to the provision of information by the Company which is associated with such use) unless the damages are due to willful or gross negligence of the Company.

8. The Company shall accept no liability for damages incurred by its members due to fraudulent acts such as unauthorized access to the data that are related to the Services and/or due to computer virus infection despite the fact that the Company implemented a considerable level of safety measures.

9. Even when the Company is held liable, the Company’s liability shall be limited to direct and normal damages unless the damages are due to the Company’s willful or gross negligence.
Article 16. Prohibitions
Users must not engage in any of the actions specified in 1 through 11 below. If a user violates this provision and causes damages to the Company or third party, the user shall be liable for compensation for all such damages.

1. Acts which cause or could cause inconvenience, disadvantages, and/or damages to other users, third party other than other users, or the Company.
2. Acts which violate or could violate the intellectual property rights (such as copyright), portrait rights, personality rights, privacy rights, and/or other rights of other users, third party other than other users, or the Company.
3. Use of the Services for commercial purposes (except for those acknowledged by the Company in advance).
4. Acts which are or could be against public order and morality or which violate or could violate other laws and/or regulations.
5. Registration of information containing false or misleading content.
6. Users’ use of Contents, which have been obtained through the Services, for purposes outside the scope of personal use.
7. Duplication, sale, publication, distribution, or release of the Contents obtained through other users or third party other than other users via the Services, or similar acts.
8. Gathering, accumulation, or saving of other users’ personal information.
9. Uploading of contents, including but not limited to computer viruses, programs, etc. designed to interrupt, destroy, and/or restrict the functions of computer software, hardware, and/or communication equipment, onto the Services or sending of such contents to the Services using means such as email.
10. Acts such as excessive product returns or excessive rejection of delivered products.
11. Other acts which are conducted in order to undermine and/or destroy trust in the Company and which the Company reasonably deems inappropriate.
Article 17. Intellectual Property Rights
1. All intellectual property rights to the Contents provided through the Services shall exclusively belong to the Company.

2. Regardless of the purpose, the Company will take legal actions immediately if the Company discovers any acts prohibited by domestic and/or overseas copyright laws and/or by other laws and/or regulations, such as unauthorized duplication or reprinting of the Contents of the Services or other unauthorized secondary use of such Contents.

3. If a user violates any of the provisions of this article, causing a conflict with third party, the user shall resolve it on his/her own responsibility and at his/her own expense and shall hold the Company harmless from any damages, loss, disadvantages, etc.


Chapter 5. Operation of Services

Article 18. Maintenance of Services
To maintain the good operating condition of the Services, the Company may temporarily suspend or stop the provision of the Services in whole or in part without any prior notification to its users if:

(1) it is necessary for regular maintenance or emergency maintenance of the computer system (hereinafter the “System”) used for providing the Services;
(2) it has become difficult to operate the System due to natural disasters such as fire, earthquake, flood, lightning strike, and/or heavy snow;
(3) it has become difficult to operate the System due to social unrest such as war, civil strife, terrorism, riot, and/or turmoil;
(4) it has become difficult to operate the System due to reasons such as system failure, unauthorized access by third party, or computer virus infection;
(5) it has been requested by an administrative agency or a judicial institution to suspend or stop the System based on reasonable grounds; or otherwise
(6) the Company determines that it is necessary to suspend or stop the System for unavoidable reasons.
Article 19. Changes, etc. to the Content of Services
The Company may change or discontinue the contents of the Services without obtaining the consent of its users. The Company accept no responsibility to its users even when the Company changes or discontinues the contents of the Services.
Article 20. Others
1. Unless there is the Company’s prior consent, users must neither assign their standing as the users of the Services or their rights and obligations based on the standing to any third party nor provide them to any third party as collateral.

2. If any problem, which cannot be solved by these Terms & Conditions or the instructions of and/or response by the Company, arises in relation to the use of the Services, it shall be solved between the Company and the user(s) through consultation in good faith.

3. If it becomes necessary to file a lawsuit regarding the use of the Services, the Tokyo District Court shall be the court with the exclusive jurisdiction over the first instance.

Supplementary Provisions:
These Terms & Conditions shall be applied to all users beginning on August 30, 2019.