Terms of service
These terms and conditions of use (hereinafter referred to as the "Terms and Conditions") shall be governed by and construed in accordance with the laws of Japan. These terms and conditions of use ("Terms and Conditions") apply to the "REAKTUND" ("REAKTUND") provided by N.E.R.D. ("Company") on this web site. (hereinafter referred to as "N.E.R.D.") provides "REAKTUND" (hereinafter referred to as "REAKTUND") on this website and its online store (hereinafter referred to as "Online Store"). (hereinafter referred to as "the Company") provides on this web site (hereinafter referred to as "the Online Store"). The following sets forth the terms and conditions of use of the "REAKTUND" online store (hereinafter referred to as the "Online Store") provided on this website. All users, whether members or non-members, who browse and purchase items from the Online Store (hereinafter referred to as "Users") are subject to the terms and conditions of this Agreement. Users who browse and purchase items from the Online Store ("Users"), whether members or non-members, are requested to use the Online Store in accordance with these Terms and Conditions.
Article 1 (Application)
When a User places an order for REAKTUND products through the Online Store, the User agrees to abide by these Terms and Conditions.
In addition to these Terms and Conditions, the Company may establish various rules and regulations regarding the Online Store, such as rules for use (hereinafter referred to as "Individual Regulations"). The Company may establish rules and regulations regarding the use of the Online Store ("Individual Regulations") in addition to these Terms and Conditions. Regardless of the name by which they are called, the Individual Regulations shall constitute a part of the Terms and Conditions.
In the event of any inconsistency between the provisions of the Terms and Conditions and the Individual Regulations, the provisions of the Individual Regulations shall take precedence unless otherwise specified in the Individual Regulations.
Article 2 (Registration)
Registration for use of the Online Store shall be completed when an applicant for registration applies for registration in the manner prescribed by the Company upon agreeing to the Terms and Conditions and the Company notifies the applicant of its approval of the application.
If the Company determines that the applicant has any of the following reasons, the Company may not approve the application for registration and shall not be obligated to disclose the reasons for such denial.
The applicant has provided false information when applying for registration.
In any other cases in which the Company deems the registration of use to be inappropriate.
Article 3 (Management of User ID and Password)
Users shall manage their user IDs and passwords for the Online Store at their own responsibility.
User shall not, under any circumstances, transfer or lend User ID and password to any third party or share them with any third party. When a user logs in with a user ID and password combination that matches the registered information, we will consider the use of the Online Store to be by the user who has registered that user ID.
The Company shall not be liable for any damage caused by the use of a user ID and password by a third party, except in the case of willful misconduct or gross negligence on the part of the Company.
Article 4 (Formation of Sales Contract)
A purchase agreement shall be formed when a user makes an offer to purchase a product from the Online Store and is notified by the Company of its acceptance of such offer. Ownership and risk of the product shall be transferred to the user when the product is delivered to the delivery company.
(2)In the event that the user falls under any of the following circumstances, the Company may terminate the purchase agreement described in the preceding paragraph without prior notice to the user.
If the user violates these Terms and Conditions
If the delivery of the product is not completed due to an unknown delivery address or prolonged absence of the user
If the user commits any of the prohibited acts described in Article 6.
When there is a delay or default in the performance of payment obligations such as the purchase price, etc., and payment cannot be confirmed
When an application is made by credit card payment and the payment cannot be made by credit card
When an order is placed by a customer under 18 years of age without the consent of a parent or guardian
When an order is delivered to an overseas destination
When the ordered product is out of stock and the arrival schedule is undecided.
If the product is damaged, malfunctioned, or otherwise defective before delivery, and there is no replacement in stock and the delivery schedule is undecided.
The product has been discontinued or is no longer available.
In any other cases where the Company deems that the relationship of trust between the Company and the user has been damaged.
The method of payment, delivery, cancellation of purchase orders, return of products, and other matters related to the Online Store shall be in accordance with the method separately determined by the Company.
Article 5 (Intellectual Property Rights)
The copyrights or other intellectual property rights in the photographs of products and other content provided through the Online Store (hereinafter referred to as "Content") shall remain the property of the Company. Users may not reproduce, reprint, modify, or make any secondary use of the Content without permission.
Article 6 (Prohibited Matters)
In using the Online Store, the User shall not engage in any of the following acts
Acts that violate laws and regulations or public order and morals
Actions related to criminal acts
Acts that infringe on copyrights, trademarks, or other intellectual property rights contained in the Online Store
Acts that destroy or interfere with the functioning of the Company's servers or network
Commercial use of information obtained from the Online Store
Acts that may interfere with the Company's business.
Acts of gaining or attempting to gain unauthorized access.
Collecting or accumulating personal information about other users.
Act to impersonate another user.
Applying for membership registration with false registration details
Placing an order with false information or using another person's membership status
Unauthorized use of credit cards
Direct or indirect provision of benefits to antisocial forces in relation to our services
Other acts that the Company deems inappropriate
Article 7 (Suspension of the Online Store, etc.)
In the event that the Company determines that any of the following events have occurred, the Company may suspend or discontinue the Online Store, in whole or in part, without prior notice to the User.
When performing maintenance, inspection, or updating of the computer systems related to this Online Store
(2) When provision of the Online Store becomes difficult due to force majeure such as earthquake, lightning, fire, power outage, or natural disasters.
In the event of an accidental shutdown of computers or telecommunication lines, etc.
(4) In any other cases in which the Company deems it difficult to provide the Online Store.
The Company shall not be liable for any loss or damage incurred by the User or any third party as a result of the suspension or interruption of the Online Store, regardless of the reason.
Article 8 (Restriction of Use and Termination of Registration)
We reserve the right to restrict your use of all or part of the Online Store or terminate your registration as a user without prior notice in any of the following cases
When it is found that there is a false fact in the registration information
In the event that the credit card submitted by the user as a means of payment is suspended.
In the event of default in payment of fees and other obligations.
If you do not respond to our communications for a certain period of time
When there has been no use of the Online Store for a certain period of time since the last use
When there is a delay in payment or other default in payment
In the event of repeated returns or cancellations
(5) In any other cases in which the Company deems the use of the Online Store to be inappropriate.
The Company shall not be liable for any damages incurred by the user as a result of actions taken by the Company in accordance with this Article.
Article 9 (Withdrawal from Membership)
User may withdraw from the Online Store by following the prescribed withdrawal procedure.
Article 10 (Disclaimer of Warranty and Disclaimer of Liability)
The Company does not warrant that the Online Store is free from defects in fact or law (including, but not limited to, defects in safety, reliability, accuracy, completeness, validity, fitness for a particular purpose, security, etc., errors or bugs, or infringement of rights). We do not warrant that the Online Store will be free from defects (including, but not limited to, defects in safety, reliability, accuracy, completeness, validity, fitness for a particular purpose, security, etc., errors and bugs, and infringement of rights).
The Company shall not be liable for any damages incurred by the user as a result of using the Online Store.
The Company shall not be liable for any loss or damage arising out of or in connection with the Online Store. However, even in such a case, the provisions of Article 7.2, Article 8.2, Article 10.2, and Article 11 shall not apply if the contract between the Company and the User (including this Agreement) is a consumer contract as defined in the Consumer Contract Act, but the Company shall not be liable for any default or tortious behavior by the Company due to negligence (excluding gross negligence). However, even in this case, the Company shall not be liable for any damage caused by special circumstances (including cases where the Company or the User should have foreseen the occurrence of the damage) among damages caused to the User by default or tort due to the negligence (excluding gross negligence) of the Company. (2) The Company shall not be held liable for any damages caused by the User due to default or tort.
The Company shall not be liable for any transaction, communication, or dispute between a User and another User or a third party in connection with the Online Store.
Article 11 (Change of Service Contents, etc.)
The Company may, without prior notice or consent, change or add to any or all of the contents of the Online Store, or discontinue providing the Online Store, and shall not be liable for any damages incurred by you as a result of such changes or additions.
Article 13 (Handling of Personal Information)
Article 14 (Notification or Communication)
Notification or communication between a user and the Company shall be made in a manner determined by the Company. Unless a user notifies us of a change in his/her contact information in accordance with a method separately determined by us, we will assume that the currently registered contact information is valid and send notices or communications to such contact information, which will 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 assign his/her position under the User Agreement or rights or obligations under this Agreement to a third party or offer them as security without the prior written consent of the Company.
Article 16 (Governing Law and Jurisdiction)
The Terms and Conditions 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 Online Store.
If any dispute arises in connection with the Online Store, the Osaka District Court shall have exclusive jurisdiction as the court of first instance.