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Article 1. Introduction
Thank you for visiting Kumamoto Saishunkan Pharmaceutical Badminton Team Website (hereinafter referred to as the “Website”). This Website is operated by Saishunkan Sports CCI Co.,Ltd. (hereinafter “Company”) for customers worldwide; provided, however, that delivery is limited to designated areas.. By using this Website, the customers are deemed to have agreed to the following terms and conditions (hereinafter “Terms”). Please note that these Terms may be changed without prior notice. Various policies posted by the Company on this Website shall also constitute a part of these Terms.
Article 2. Scope of Application
These Terms apply to all customers (hereinafter “Customers”) of this Website.
Article 3. Delivery of Products
1. The delivery destinations for the products ordered by the Customers through this Website shall be limited to the delivery areas designated by the Company.
2. The Company shall deliver the products to the Customers under the responsibility of a shipping company. All delivery-related matters shall be handled by the shipping company in accordance with the terms and conditions established by the shipping company.
3. The Customer shall promptly notify the shipping company of any issues arising from the shipping company, including delivery delays and other delivery issues.
4. The Customer acknowledges that the information regarding the product delivery periods displayed on this Website is not guaranteed and may differ from the actual situation due to the timing of the order, updates to this Website, inventory status, the circumstances of the shipper or shipping company, or for any other reasons.
5. If the Customer fails to receive the product beyond the deadline designated by the Company, due to reasons such as an incorrect address provided by the Customer, the Customer’s absence, or the Customer’s refusal to accept the product, the sales contract between the Company and the Customer shall be deemed to have been terminated, and the Company may dispose of the product at its discretion. In such a case, the Company shall not refund the product price, and may claim damages, such as disposal costs, return shipping fees, and other related damages from the Customer.
Article 4. Inability to Deliver
1. If delivery becomes impossible due to unforeseen weather conditions, natural disasters, accidents involving the Company’s affiliates, stock shortages, or any other similar circumstances, the Company may, at its sole discretion, propose the delivery of a substitute product. If the Customer accepts the proposal within the timeframe specified by the Company, the substitute product shall be delivered accordingly.
2. The Customer acknowledges in advance that, if it becomes impossible for the Company to deliver the product, the Company may, based on reasonable grounds and judgment, not take the measures set forth in the preceding paragraph and may instead cancel the sales contract for the product. The same shall apply if consent to the proposal for substitute product delivery as stipulated in the preceding paragraph is not given by the Customer.
3. The Company shall not be liable for any damages incurred by the Customer as a result of the Company taking or not taking the measures set forth in the preceding two paragraphs, based on the Company’s reasonable grounds and judgment.
Article 5. Product Returns and Refunds
1. In principle, the Customer cannot request returns or exchanges of delivered products, except in cases where the quality or quantity of the delivered products does not conform to the terms of the sales contract (hereinafter “Non-Conformity”) or in certain cases specified by the Company.
2. If any Non-Conformity is found in the delivered products, the Customer shall notify the Company through the method and within the period specified by the Company.
3. Any deterioration in product quality caused by extended storage by the shipping company (including storage in a delivery box) for the Customer’s convenience, or by other reasons attributable to the Customer, shall not be considered Non-Conformity under the preceding paragraph.
4. For all other matters related to returns and refunds for the products, the “Returns and Refunds Policy” separately established by the Company shall apply.
Article 6. Responsibilities of Customer
1. With respect to products sold through this Website that have a quality retention period or similar limitation, customers shall be responsible for managing such periods or deadlines at their own responsibility. The Company assumes no responsibility for any damages incurred by the Customer as a result of inadequate product management, including the use of products after such periods or deadlines have expired.
2. If any dispute arises between the Customer and a third party arising from or related to the product management, the Customer shall resolve such dispute at its own expense and responsibility. In such a case, if the Company incurs expenses (including, but not limited to, settlement payments and attorney's fees) to deal with such dispute, the Customer shall compensate the Company for all such expenses.
3. If the Customer breaches the terms of this Agreement or causes damage to the Company due to intentional or negligent actions, the Customer shall compensate the Company for such damages.
4. The products ordered through this Website may be subject to customs duties and other import-related taxes, customs clearance fees, etc. (hereinafter referred to as “Customs Duties”) at the time of customs clearance. Customs Duties shall be borne by the recipient of the products. The Customer shall investigate the applicable Customs Duties on the product at their own responsibility and expense, and shall ensure that the recipient of the product pays the applicable Customs Duties.
Article 7. Prohibited Acts
1. When using this Website, the Customer shall not engage in the following acts:
(1) acts that violate or are likely to violate public order and morals, laws, or regulations;
(2) acts that are or are likely associated with criminal activity;
(3) acts that infringe on the trademarks, copyrights, or other intellectual property rights of the Company or a third party;
(4) acts that violate the privacy of others or violate the Company’s separately established “Privacy Policy”;
(5) political, religious, or election campaign topics or similar topics, insults to specific individuals, obscene content, or statements or actions that cause harm to the Company;
(6) acts that use this Website or the information provided by the Company for commercial purposes;
(7) acts that include sending or posting harmful computer programs or deceptive files, etc.;
(8) acts that interfere with other customers' use of or access to the Company’s services on this Website.;
(9) acts that slander or defame the Company or a third party, or that damage the Company’s reputation or credibility; or
2. other activities that the Company deems inappropriate.If the Customer breaches the provisions of this Article, the Company may, without any prior notice or consent of the Customer, take measures, such as suspending the Customer’s access to this Website or freezing the Customer’s account. The Company shall not be liable for any damages incurred by the Customer as a result of these measures, and shall not provide any compensation to the Customer.
Article 8. Copyright and Other Rights
All rights pertaining to the content displayed on this Website are owned by the Company or exercised under a license or other legitimate authorization. Except as permitted by copyright law, reproduction, modification, reposting, distribution, or any other unauthorized use of all or any part of the content on this Website is strictly prohibited.
Article 9. Trademarks
All trademarks and service marks appearing on this Website are owned by the Company or its affiliates, or exercised under a license or other legitimate authorization. Any unauthorized use of these marks without the Company’s prior written permission is prohibited.
Article 10. Information Published on this Website
The information provided on this Website is current at the time of publication and is subject to change without notice. The Company does not guarantee the accuracy or timeliness of the information and shall not be liable for any disputes or damages arising therefrom.
Article 11. Linking to this Website
1. In principle, linking to this Website is permitted without prior notice. However, links from websites that violate public order and morals, or that may infringe upon the rights or interests of this Website, are strictly prohibited.
2. The Company does not accept requests for links from this Website to external websites.
3. The Company makes no guarantees and assumes no responsibility for the content of third-party websites or pages linked to or from this Website.
Article 12. Changes or Deletion of Published Information
The Company reserves the right to change or delete/remove the information published on this Website without prior notice, and shall not be liable for any disputes or damages arising therefrom.
Article 13. Handling of Personal Information
The handling of personal information on this Website shall be in accordance with the Company’s separately established “Privacy Policy”.
Article 14. Disclaimers
1. The Company shall be deemed to have fulfilled its obligation to deliver the products by delivering the specified products to the address specified by the Customer.
2. The Company makes no guarantees regarding the accuracy, completeness, usefulness, timeliness, appropriateness, reliability, or functionality of the content on this Website or of any information the Customer may obtain through this Website. The Company shall not be held liable for any damages incurred by the Customer or any third party arising from such information.
3. The Company does not guarantee that the Customer will not be affected by harmful programs such as computer viruses when using this Website.
4. The Company shall not be liable for any damages incurred by the Customer arising from or related to the Customer’s use of this Website or products, except as provided in paragraph 6.
5. The Company shall not be liable for any damages caused by the Customer to other customers or third parties arising from or related to the Customer’s use of this Website or products, or for any damages caused by a third party to a Customer arising from or related to a third party's viewing of this Website, or for any other disputes between the Customer and other customers or third parties.
6. Notwithstanding any other provision of these Terms, if the Company causes damage to the Customer due to reasons attributable to the Company in connection with this Website or products, the Company's liability for damages shall be limited to the total amount of prices received from the Customer and shall be limited to ordinary damages directly incurred by the Customer as a result of the use of this Website or products (excluding incidental damages, special damages, lost profits, and other indirect damages, regardless of whether such damages were foreseeable or not), provided, however, that this does not apply to cases where such damages are caused by the Company's willful misconduct or gross negligence.
Article 15. Revision to the Terms of Use
1. The Company may, in accordance with the laws of Japan and at its sole discretion, amend the contents of these Terms without obtaining the prior consent of the Customer, if the Company deems it necessary.
2. If the Company revises the contents of these Terms and notifies the Customer of such changes, and if the Customer uses this Website after the effective date of the revised Terms specified in the notice (or on the same day the notice is issued, if no date is specified), the Customer shall be deemed to have agreed to the revised terms.
3. Notwithstanding the provisions of the preceding two paragraphs, if any revision to these Terms requires the Customer’s consent or prior notice under Japanese law, the Company shall obtain such consent or provide prior notice to the Customer in the manner specified by the Company.
Article 16. Governing Law and Jurisdiction
These Terms will be governed and construed in accordance with the laws of Japan. Any disputes arising out of or in connection with this Website or these Terms shall be subject to the exclusive jurisdiction of the Kumamoto District Court as the court of first instance. The Customer hereby consents to such governing law and jurisdiction.