利用規約
These Terms of Service (hereinafter referred to as “this Agreement”) set forth the conditions for use of the online shop (hereinafter “the Service”) provided on this website by TNK Trading Co., Ltd. (hereinafter “the Company”). Registered users (hereinafter “Users”) shall use the Service in accordance with this Agreement.
Article 1 (Application)
This Agreement shall apply to all matters related to the use of the Service between the User and the Company.
In connection with the Service, the Company may establish various rules and regulations (hereinafter “Individual Provisions”) in addition to this Agreement. Regardless of their title, these Individual Provisions shall form part of this Agreement.
In the event that any provision of this Agreement conflicts with any provision of the Individual Provisions, the provisions of the Individual Provisions shall prevail, unless otherwise specifically provided therein.
Article 2 (Registration for Use)
For the Service, an applicant for registration shall complete the registration process by agreeing to this Agreement and applying for registration in the manner prescribed by the Company, and the registration shall be completed when the Company notifies the applicant of its approval.
The Company may refuse an application for registration if it determines that the applicant meets any of the following conditions, and the Company shall have no obligation to disclose the reasons for such refusal:
- The application contains any false information.
- The application is from a person who has previously violated this Agreement.
- The Company deems the registration inappropriate for any other reason.
Article 3 (Management of User ID and Password)
Users shall be responsible for managing their own User ID and password for the Service.
Under no circumstances shall Users transfer, lend, or share their User ID or password with any third party. The Company shall consider any login in which the combination of the User ID and password matches the registered information as being made by the registered User.
The Company shall not be liable for any damages arising from the use of a User ID or password by a third party, except in cases of willful misconduct or gross negligence by the Company.
Article 4 (Sales Contract)
In the Service, a sales contract shall be concluded when a User applies to purchase from the Company and the Company notifies the User of its acceptance of such application. Ownership of the product shall transfer to the User when the Company hands the product over to the shipping carrier.
The Company may cancel the aforementioned sales contract without prior notice to the User if the User falls under any of the following conditions:
- The User violates this Agreement.
- Delivery cannot be completed due to an unknown delivery address or prolonged absence.
- The Company determines that the trust relationship between the Company and the User has been compromised.
Payment methods, shipping methods, cancellation of purchase applications, and return procedures for the Service shall be governed by separate procedures prescribed by the Company.
Article 5 (Intellectual Property Rights)
Copyright or other intellectual property rights for product photos and other content (hereinafter “Content”) provided by the Service belong to the Company or to other legitimate rights holders, such as content providers. Users are prohibited from reproducing, reprinting, modifying, or otherwise making any secondary use of such Content without permission.
Article 6 (Prohibited Acts)
Users shall not engage in any of the following acts in connection with the use of the Service:
- Acts that violate laws or public order and morals.
- Acts related to criminal activities.
- Acts that infringe copyrights, trademark rights, or other intellectual property rights contained in the Service.
- Acts that destroy or interfere with the functions of the Company’s servers or network.
- Commercial use of information obtained from the Service.
- Acts that may interfere with the operation of the Company’s services.
- Unauthorized access or attempts at unauthorized access.
- Collection or accumulation of personal information of other Users.
- Impersonation of other Users.
- Directly or indirectly providing benefits to anti-social forces in connection with the Company’s services.
- Any other acts that the Company deems inappropriate.
Article 7 (Suspension of Service Provision)
The Company may, without prior notice to the User, suspend or interrupt all or part of the provision of the Service if it determines that any of the following circumstances exist:
- When maintenance, inspection, or updates of the computer systems related to the Service are being performed.
- When the provision of the Service becomes difficult due to force majeure events such as earthquakes, lightning strikes, fires, power outages, or other natural disasters.
- When computers or communication lines are disrupted due to an accident.
- When the Company otherwise deems the provision of the Service to be difficult.
The Company shall not be liable for any disadvantages or damages incurred by the User or any third party as a result of the suspension or interruption of the Service, regardless of the reason.
Article 8 (Restrictions on Use and Cancellation of Registration)
The Company may, without prior notice to the User, restrict all or part of a User’s use of the Service or cancel the User’s registration if any of the following conditions apply:
- If the User violates any provision of this Agreement.
- If it is discovered that false information exists in the registration details.
- If the credit card reported by the User as a payment method is suspended.
- In the event of non-payment of fees or other payment obligations.
- If there is no response from the User for a certain period to communications from the Company.
- If the Service has not been used for a certain period since the last use.
- If the Company deems the User’s use of the Service inappropriate for any other reason.
The Company shall not be liable for any damages incurred by the User as a result of actions taken under this Article.
Article 9 (Withdrawal)
Users may withdraw from the Service by following the prescribed withdrawal procedures.
Article 10 (Disclaimer of Warranties and Limitation of Liability)
The Company does not warrant that the Service is free from any defects, whether factual or legal (including, but not limited to, defects related to safety, reliability, accuracy, completeness, effectiveness, fitness for a particular purpose, security, as well as errors, bugs, or rights infringements).
The Company shall not be liable for any damages incurred by the User as a result of the Service. However, if the contract between the Company and the User regarding the Service (including this Agreement) constitutes a consumer contract under the Consumer Contract Act, this disclaimer shall not apply. Even in such cases, except in instances of gross negligence by the Company, the Company shall not be liable for any special damages incurred by the User (including damages that were foreseeable or expected by either party) arising from non-performance or tort due to the Company’s negligence.
The Company shall not be responsible for any transactions, communications, or disputes that arise between the User and other Users or third parties in connection with the Service.
Article 11 (Changes to the Service)
The Company may, without notice to the User, change the contents of the Service or discontinue the provision of the Service, and shall not be liable for any damages incurred by the User as a result of such changes.
Article 12 (Amendment of the Terms of Service)
The Company may change this Agreement at any time without notice to the User if it deems such changes necessary. Any User who begins using the Service after such changes shall be deemed to have agreed to the amended Agreement.
Article 13 (Handling of Personal Information)
Any personal information obtained through the use of the Service shall be handled appropriately in accordance with the Company’s Privacy Policy.
Article 14 (Notices or Communications)
Notices or communications between the User and the Company shall be made in the manner prescribed by the Company. Unless the User notifies the Company of a change in the registered contact information in the manner prescribed by the Company, the currently registered contact information shall be deemed valid, and the Company shall send any notices or communications to that contact information. Such notices or communications shall be deemed to have been delivered to the User at the time of transmission.
Article 15 (Prohibition of Transfer of Rights and Obligations)
Without the prior written consent of the Company, Users shall not transfer or assign, or offer as collateral, any rights or obligations under this Agreement or their status under the Service to any third party.
Article 16 (Governing Law and Jurisdiction)
This Agreement shall be governed by and construed in accordance with the laws of Japan. Furthermore, with respect to the Service, the application of the United Nations Convention on Contracts for the International Sale of Goods is excluded.
In the event of any disputes relating to the Service, the court having jurisdiction over the location of the Company’s head office shall have exclusive jurisdiction.