Revision of Terms of Use
objcts.io
Terms of Use
Adopted
on January 24th, 2023 (JST)
Tsuchiya
Kaban CO., LTD. (hereinafter, “the Company”) operates the cross-border website “objcts.io”
(hereinafter, “the Site”) and defines the Terms of Use (hereinafter, “the
Agreement”) as follows:
Before
using the Company’s Site, please read the following terms set forth herein. The
use of the Site by the user shall be deemed as accepting the terms of this
Agreement.
Article
1 Purpose of this Agreement
This
Agreement stipulates (1) the rights and obligations of the Company and people
who access the Site (hereinafter, “Customer” or “Customers”) and (2) conditions
related to the use of the service that the Company provides (hereinafter, “the
Service”). The Customer acknowledges that the terms set forth in this Agreement
between the Company and the Customer shall come into effect at the time that
the Customer uses the Service (purchase of a product via the Service).
Article
2 Amendments
1.
The
Customer acknowledges that the Company may from time to time amend all or part
of the Agreement without the prior consent of the Customer in the following
cases: the amendment conforms to the interests of the Customer, the amendment
is necessary, and/or if the Company decides such amendment is reasonable
considering the amended contents and other factors affected by such amendment.
The Company shall make a public announcement or notification in advance to the
Customer in the manner that the Company deems appropriate (e.g., through the
Site, e-mail, etc.).
2.
When
all or part of the Agreement is amended, only the amended terms shall apply
when using the Site and Customers shall conform only to the amended terms.
Article
3 The Service
The
Service means the service provided by the Company to the Customers through
sales of its products (hereinafter, “Products”) and any other services related
to the Products.
Article
4 Members
The
term “Member” as it is referred to in this Agreement shall mean those who (1)
acknowledge the terms of this Agreement, (2) applied for registration as a
member of the Site, and (3) have been approved by the Company.
Article
5 Membership Registration
1.
A
Customer who wishes to become a Member shall register themselves by accessing
the Site and following the procedures prescribed by the Company for providing
the required information on the membership registration page. Registration
submitted by an agent shall not be accepted. Upon clicking “CREATE MY
ACCOUNT ” on the membership
registration page, the membership registration shall be considered complete.
2.
The
Company may at its discretion cancel the registration if an applicant for
membership corresponds to any of the following and such facts become known by
the Company.
(1) The applicant has breached the
Agreement with the Company in the past, and the applicant’s membership was terminated as a
penalty.
(2) A false statement has been
included in the application information.
(3) The applicant has in the past,
delayed fulfilling their obligation to make payments, failed to receive the
Product for a long period of time, and/or refused to return or exchange a
product, or gone into other defaults related to the Service provided by the
Company without just cause.
(4) The membership application is
determined to have been completed by an agent as described in Paragraph 1 of
this Article.
(5) The applicant has performed
prohibited acts in the past (specified in Article 14 of this Agreement).
(6) Other reasons, if the Company determines
them to be reasonable upon operating and managing the Site.
Article
6 ID and Password Management
1.
Members
shall be responsible for saving and safeguarding the ID and password they set
when registering for membership on the Site.
2.
Without
the prior consent of the Company, Members shall not transfer, sell, pass on,
lend, disclose, or leak their membership ID or password to a third party.
3.
Members
shall immediately notify the Company of any unauthorized use of the Member’s
account known or suspected by the Member.
4.
Members
shall be solely responsible for failure to adequately safeguard their
membership ID or password, its misuse and/or erroneous use, and damages
resulting from its unauthorized use by a third party, and the Company assumes
no responsibility.
Article
7 Change of Registration Information
1.
If
changes occur to all or part of the registration information submitted to the
Company, the Member shall immediately submit the changes according to the
method specified by the Company. In the absence of such changes, the Company
shall conduct operations based on the Member’s registered information and all
these operations shall be deemed correct and effective.
2.
The
Company shall incur no liability for damages caused to Members who have not
properly submitted changes to their registration information.
Article
8 Suspension of Use of the Service and Cancellation of Membership
The
Company may at its discretion suspend the use of the Service, terminate the
membership, or take any other measures deemed appropriate by the Company under
any of the following circumstances without advance notice. The Company shall
have no obligation to disclose the reasons for such measures to the Customer.
Even in cases in which the Company suspends or terminates a membership, any
Customers subject to such measures will not be exempt from liability, such as
payment obligations, that have already occurred due to the use of the Service
or other terms of this Agreement.
(1) The membership was
revoked or a transaction was suspended in the past due to a breach of any terms
prescribed by the Company.
(2) The registered information
contains false statements (This includes, but is not limited to, the case where
the Member’s address reported at the time of member registration is the address
of a forwarding service company designated by the Company.).
(3) The Member has in
the past, delayed fulfilling their obligation to make payments, failed to
receive the Product for a long period of time, and/or refused to return or
exchange a product, or gone into other defaults related to the Service provided
by the Company without just cause.
(4) The Member has
performed prohibited acts in the past (specified in Article 14 of this
Agreement).
(5) The Member is an
organized crime group or any member of an organized crime group; has been
associated with an organized crime group within the past 5 years; is an
associated member of an organized crime group; is a criminal organization
falsely registering as a political organization; is an organized crime
syndicate; or is in any way equivalent to the stipulations mentioned above; or
the Member has committed a violation of the law such as assault, fraud,
threats, or business obstruction.
(6) Any other breach of
terms (including but not limited to this Agreement) or guidelines specified by
the Company.
Article
9 Product Purchases
1.
Customers
may use the Service to purchase Products, provided that the purpose of
purchasing the Product through the Service is limited to personal use.
Purchases for the purpose of resale or purchases based on a third party request
shall not be deemed acceptable.
2.
If
a Customer wishes to purchase a Product, the Customer shall follow the
procedures separately described by the Company to make a purchase application
for the Product.
3.
The
application page in the preceding Paragraph is operated by Global-e Japan CO.,
LTD. (hereinafter, “Global-e”), a merchant of record, and the Customer shall
apply for the purchase of the Product in accordance with the terms and
conditions of sale set forth by Global-e.
4.
The
Company shall carry out the shipping procedure of the Product in accordance
with the instructions of Global-e based on the purchase order from the Customer
to Global-e. The Customer shall accept in advance that a contract for the
purchase and sale of the Product is formed between the Customer and Global-e
and that delivery may be delayed depending on the delivery area and delivery
conditions.
5.
Only
one delivery address can be specified per order. If the Customer wishes to
specify more than one delivery address, they will need to place a separate
order for each address, and they may be charged for the shipping fees for each
order.
* Please note that the Company
may not be able to deliver the Product on the specified date and time if the
recipient is a corporation or in some areas.
* Please note that delivery may not
be made on the specified date and time due to weather and traffic conditions.
Article
10 Payment Method
1.
Customers
shall pay to the Company the total sum of the sale price of the Product including
VAT, shipping fees, and handling fees of the payment of the sale price as
shown on this Site.
2.
Customers
shall make payment using a credit card in the name of the Customer (limited to
credit cards specified by the Company), by bank transfer to the Company’s
designated account, or other payment methods accepted by the Company.
3.
Customers
paying by credit card shall be subject to their agreement with the credit card
company separately. Any disputes between the Customer and the credit card
company related to the use of the credit card shall be settled between the
Customer and the credit card company.
4.
If
Customers make payment by credit card, the Company shall execute the payment procedures
at the time the sales contract is formed. If the Product ordered by the
Customer is a reserved Product, the purchase price and associated handling fees
may be deducted before the purchased Product is delivered to the Customer.
Article
11 Termination of Sales Contract
In
any of the following circumstances, the Company may terminate or rescind the sales
contract and take other countermeasures deemed appropriate by the Company:
(1) The Customer has
performed any of the prohibited acts specified in Article 14 of this Agreement.
(2) The Customer has
performed other acts related to their use of the Service suspected or deemed by
the Company to be illegal or inappropriate.
Article
12 Returns, Exchanges, and Withdrawals or Cancellations of Product Orders
1.
Returns
of the Product will be accepted only in the following cases:
(1) The Product is defective
(2) The received Product differs
from the order content
(3) The Product is damaged during
shipping
(4) The Company accepts the Product
as a defective product
(5) The Product that does not fall
into any of (1) through (4) above, is received within 7 days, and does not fall
into any of the following cases. However, Products that are marked “not eligible
for return” on the sales page
cannot be returned.
a. The Product has been
used
b. The Product is returned
without prior notification (please notify us of the return in advance when
returning the Product)
c. When 7 days or more
have passed since arrival of the Product
d. If the Product
(including but not limited to its box and accessories) is damaged, soiled, or
broken, or if the Product has an odor, etc.
e. When the Product has
been used at least once or when the maintenance has been done to the Product
f. Products that the
Company has informed are not eligible for return, such as sale items,
discounted items, or outlet items
g. In cases where the
package is part of the Product, the package has been opened.
2.
The
Customer shall apply for the aforementioned Product returns in accordance with
the procedures separately determined by the Company. For items (1) to (4) in
the preceding paragraph, the Company will bear the cost of returning the
Product and either refund the purchase price, etc. paid by the Customer to the
Company or offer a replacement. Tax refunds will be refunded based on the
Company’s policy. Notwithstanding the above, the Company may not be able to
offer a replacement for defective Products due to stockout. For item (5) in the
preceding paragraph, the cost of return and any bank transfer charges for
refunds shall be borne by the Customer, and the Company shall refund the
selling price of the Product at the time of purchase and shall not refund
shipping costs.
3.
Excluding
cases in which liability can be attributed to the Company, orders by the
Customer cannot be canceled from the time the Product is shipped until the time
the Product is received by the Customer (return of the Product after receipt by
the Customer shall be as specified in paragraph 1
of this article).
Article
13 Disclaimer related to the Product
1.
Except
as provided in the preceding article, the Company shall not assume any
liability for damages or any other warranties or burdens regarding the Site and
the Products sold through the Site.
2.
In
case of an inability to deliver due to an unknown delivery address, the Company
shall be deemed to have completed its performance of delivery obligations by
contacting the Customer at the registered contact information and delivering
the Product to the destination specified at the time of purchase. The Company
shall be exempt from any obligation thereafter.
Article
14 Prohibited Acts
The
following acts are prohibited and are deemed to be a breach of this Agreement.
Any Customer who carries out any of the following acts shall be liable for
compensation for all damages incurred by the Company or a third party due to
their acts:
(1)
Acts that cause or may cause inconvenience, loss, or damage to other Customers,
Members, third parties, or the Company
(2)
Acts that cause or may cause an infringement of intellectual property rights
such as copyrights, image rights, character rights, privacy rights, publicity
rights, or other rights of other Customers, Members, third parties, or the
Company
(3)
The use of the Site for business purposes (including reselling the Product or
using the Service at the request of a third party without advance approval of
the Company)
(4)
Acts which do not comply or may not comply with public policy or other laws
(5)
The registration of information that contains false or misleading contents
(6)
The use, copying, sale, publishing, distribution, disclosure, or similar acts
of contents obtained through this Site
(7)
The collection, accumulation, or storing of personal information of other
Customers, Members, or o third parties
(8)
The assignment or passing of membership rights and status to another Customer
or a third party or making them exercise such rights
(9)
The unauthorized use of the Member’s user ID and password (including allowing a
third party to access or use this Service, regardless of purpose, via the user
ID and password of the Member)
(10)
The act of uploading or sending to this Site, via e-mail or other means,
contents such as computer viruses, computer codes, files, or programs designed
to interfere with, destroy, or limit the functions of computer software,
hardware, and communications equipment
(11)
Other acts that the Company reasonably determines inappropriate, such as damage
to the Company’s credit.
Article
15 Withdrawal of Membership
1.
Members
may withdraw their membership at any time in accordance with the procedures
prescribed by the Company. Members shall lose their membership when the Company
receives an application for withdrawal from the Member.
2.
In
the event that a Member wishes to completely delete their account information
after withdrawing their membership or that a Customer who has not been
registered as a Member wishes to completely delete their purchase information,
they may review the Privacy
Policy of the Company and
apply here to request the
deletion of their account or information.
Article
16 Suspension and Termination of the Service
1.
The
Company may terminate or suspend the service in any of the following cases:
(1) Regular or urgent
maintenance of the Service system
(2) Regular or urgent
system maintenance by a third party who provides services such as payment
processing, data analysis, email transmission, hosting service, or customer service
on the Company’s behalf, or by a third
party who supports the Company’s marketing, or when the
provision of their service is terminated or suspended
(3) Regular Service
cannot be provided due to war, rioting, upheaval, labor disputes, earthquakes,
eruptions, flooding, tsunami, fire, blackouts, or other emergencies.
(4) Other cases the
Company determines that temporary suspension is necessary for the operation of
the Service
(5) The provision of the
Service has become technically difficult or impossible.
2.
In
case of termination or suspension of the Service due to reasons stated in the
preceding paragraph, the Company shall notify Members in advance, except in
case of emergency.
Article
17 Disclaimer
1.
In
case of links provided by the Site to other websites or resources, or links by
third-party websites or resources connecting to the Site, the Company shall not
be liable for the content, use, or outcomes (including but not limited to
legitimacy, validity, correctness, certainty, safety, currency, or completeness)
of the provided link. If the Company reasonably determines that the content of
a linked website or resource is illegal or inappropriate for the
management/operation of the Site, the Company may delete the linked website or
resource without any notification to the Customer.
2.
If
there are transactions (including but not limited to participation in
promotions such as prize competitions) with advertisers who advertise
(including but not limited to prize competition advertisements) or promote
themselves on the Site, the Customer do so at their own discretion and
responsibility, and the Company assumes no liability for such transactions. The
Company does not guarantee the contents or terms of any transaction, including
payment for the Product, determination of contract terms, warranties, security,
or the existence of licenses, and the Company shall not be liable for any
damages incurred by the Customer arising from any transaction conducted via
advertisements or promotions posted on this site.
3.
In
any of the following cases, the Company shall not be liable for any damages,
losses, harm, etc. directly or indirectly suffered by the Customer due to
temporary suspension, termination, or modification of the Service:
(1) The Service is
terminated or suspended due to reasons stated in Article 16
(2) The Company is
unable to receive the necessary services from contracted telephone operators,
shipping companies, or other service providers
(3) There is a technical
reason the Company cannot respond
4.
The
Company shall fulfill its obligation and shall be exempt from liability by
processing affairs in accordance with the contents of the Member registration or
the Customer’s input.
5.
If
a Customer causes any damages or harm to other Customers, Members, or third
parties through the use of the Service, the Customer shall be liable for all
recompense or expenses involved, and the Company shall not be held liable for
any damages, losses, or harm.
6.
The
Company shall not be liable for any damages (any harm including mental distress
or other financial loss) caused by the use of the Service (including the
provision of information by the Company in connection therewith), excepting
when such damages are due to intentional or gross negligence of the Company.
7.
If,
in the presence of appropriate security measures taken by the Company, Site
data has been illegally accessed or compromised by computer viruses causing damages,
losses, or harm to Customers, the Company shall not be held liable for such
damages, losses, or harm.
8.
In
case of the Company bearing liability, the liability of the Company shall be
limited to direct losses.
Article
18 Intellectual Property Rights
1.
All
intellectual property rights of the contents provided through the Site shall
belong to the Company or a third party who has granted license to the Company.
The Terms of Use of the Site do not permit the use of a license to the Company’s
website or intellectual property rights related to the Site.
2.
Regardless
of the purpose, if any act prohibited by domestic or foreign copyright law or
other laws such as unauthorized duplication, reproduction, or other
unauthorized secondary use of the Company’s content is found, the Company may
immediately take legal action.
3.
In
the event of a dispute with a third party involving violations of the
provisions of this Article, the Customer shall resolve the dispute at their own
burden and expense and shall not cause any damages, losses, or harm to be
incurred by the Company.
Article
19 Handling of Personal Information
Customers
shall use the Site after consenting to the Privacy Policy separately established
by the Company regarding the handling of personal information.
Article
20 Changes to the Service Contents
The
Company may change or terminate the contents of the Service without the consent
of the Customer. Regardless of whether the Company changes or terminates the
contents of the Service, the Company shall not be liable to any Customer.
Article
21 Miscellaneous
1.
The
Company may transfer or collateralize to a third party its position or the
rights and obligations based on such position to a third party or offer them as
security without the prior consent of the Customer.
2.
In
case a problem arises that cannot be resolved through this Agreement or the
guidance of and correspondence with the Company regarding the use of the Site,
the Company and the Customers shall negotiate to reach a solution in the spirit
of good faith.
3. These Terms of Use are governed by the laws of Japan. If there is a need for litigation regarding the use of the Service, the Company and Customers agree and accept that the Tokyo District Court shall have exclusive jurisdiction as the court of first instance.