These Terms of Use (hereinafter referred to as the “Terms”) set forth the conditions for providing this service and define the rights and obligations between our store and users. Please read these Terms carefully and agree to them before using this service.
Article 1 (Application)
1. These Terms are intended to define the conditions for providing this service and the rights and obligations between our store and users, and shall apply to all relationships related to the use of this service between users and our store.
2. Any rules regarding the use of this service posted on our website shall constitute a part of these Terms.
3. In the event of any inconsistency between the contents of these Terms and other rules or descriptions of this service outside these Terms, the provisions of these Terms shall prevail.
Article 2 (Definitions)
The following terms used in these Terms shall have the meanings set forth below:
(1) “Service Agreement” means the agreement for the use of this service concluded between our store and the user under these Terms.
(2) “Intellectual Property Rights” means copyrights, patents, utility model rights, design rights, trademark rights, and other intellectual property rights (including the rights to obtain such rights or to apply for their registration).
(3) “Transmitted Data” means content transmitted by users through this service (including but not limited to text, images, videos, and other data).
(4) “Our Store” means Kyogofuku Miyashita (39 Okazaki Higashifukunokawacho, Sakyo-ku, Kyoto City).
(5) “Our Website” means the website operated by our store with the domain “https://miyashita.kyoto/” (including any modified website regardless of changes to the domain or content).
(6) “User” means an individual or entity that uses this service.
(7) “Service” means the sale of kimono, traditional garments, and related accessories provided by our store.
Article 3 (Purchase of Products/Services)
1. A person who wishes to purchase products or services (hereinafter “Applicant”) shall agree to comply with these Terms and provide certain information specified by our store (hereinafter “Registration Information”) in the manner prescribed by our store.
2. Our store shall determine whether to accept the application in accordance with our standards and notify the Applicant if accepted.
3. Upon completion of acceptance, a contract for the sale of goods or provision of services shall be concluded between the user and our store.
4. Our store may refuse an application without obligation to disclose the reason if the Applicant falls under any of the following:
(1) False, incorrect, or incomplete information provided
(2) Minor or legally incapacitated person without proper consent
(3) Involvement with antisocial forces
(4) Past breach of contract with our store
(5) Subject to measures under Article 10
(6) Any other case deemed inappropriate by our store
Article 4 (Changes to Registration Information)
Users shall promptly notify our store of any changes to their registered information by the prescribed method before completion of the contract.
Article 5 (Management of Passwords and User IDs)
1. If issued, users shall manage passwords and user IDs at their own responsibility and must not allow third parties to use, lend, transfer, or sell them.
2. Users shall bear responsibility for damages caused by insufficient management or misuse.
Article 6 (Fees and Payment)
1. Users shall pay the fees displayed on our website by the method specified by our store.
2. If payment is delayed, users shall pay late fees at an annual rate of 14.6%.
Article 7 (Prohibited Acts)
Users shall not engage in acts including but not limited to:
(1) Violations of laws or criminal acts
(2) Fraud, threats, or acts against public order and morals
(3) Infringement of intellectual property or privacy rights
(4) Transmission of harmful or inappropriate information
(5) Excessive system load or unauthorized access
(6) Impersonation or misuse of others’ credentials
(7) Unauthorized advertising or solicitation
(8) Any other act deemed inappropriate by our store
Article 8 (Suspension of Service)
Our store may suspend or interrupt the service without prior notice if necessary due to system maintenance, failures, force majeure, or other reasons.
Article 9 (Ownership of Rights)
1. Intellectual property rights related to this service belong to our store or licensors.
2. Users guarantee they have lawful rights to transmitted data.
3. Users grant our store a worldwide, non-exclusive, royalty-free license to use such data.
4. Users agree not to exercise moral rights against our store.
Article 10 (Termination)
1. Our store may suspend or terminate services without notice if users violate these Terms or meet certain conditions.
2. Users shall immediately fulfill all obligations upon such termination.
Article 11 (Changes and Termination of Service)
Our store may change or discontinue the service at its discretion and will notify users appropriately.
Article 12 (Disclaimer)
1. Our store makes no guarantees regarding suitability, accuracy, or availability of the service.
2. Liability is limited to the amount paid by the user in the past 12 months.
3. Users shall resolve disputes with third parties at their own responsibility.
Article 13 (Confidentiality)
Users shall keep confidential any non-public information disclosed by our store.
Article 14 (Handling of User Information)
1. User information shall be handled in accordance with our Privacy Policy.
2. Data may be used in anonymized statistical form at our discretion.
Article 15 (Changes to Terms)
Our store may revise these Terms and will notify users accordingly.
Article 16 (Communication)
Notifications shall be made by methods specified by our store and deemed received when sent to registered contact details.
Article 17 (Governing Law and Jurisdiction)
1. These Terms shall be governed by Japanese law.
2. The Tokyo District Court shall have exclusive jurisdiction as the court of first instance.