Terms of Service

Terms of Service (hereinafter referred to as the “Terms”) provided by Delices De Mami Co., Ltd. (hereinafter referred to as the “Company”), with regard to the Company’s website (hereinafter referred to as the “Website”), set forth the rights and obligations between the customer and the Company when the customer uses the service of the Company.

  1. 1. Use of Services
    1. The Terms apply to all customers in connection with the purchase of the Company’s products and services (the “Products”) and other services provided by the Company on the Website (hereinafter collectively referred to as the “Services”).
    2. In the event that the Company suffer direct or indirect damages caused by the customer’s violation of any provision of the Terms, the customer shall be liable for all the damages.
  2. 2. Purchase of Products
    1. The customer is entitled to purchase the Products from the Company through the Website.
    2. The customer shall make the purchase order in a manner designated by the Company.
    3. When the processing of the purchase order in the preceding paragraph is completed and the Company send the customer an email to inform him/her of the completion of the acceptance of the purchase order (the “Order Acceptance”), the agreement of purchase of the Products shall be deemed concluded between the customer and the Company (even if the customer do not receive the Order Acceptance, the purchase agreement for the Products shall be deemed concluded.).
    4. Notwithstanding the Article 2.3, the Company may, at its sole discretion, cancel, terminate or take any other appropriate action to the purchase agreement with the customer in the event of any illegal or inappropriate action or any other suggestive action therefor was taken by the customer regarding the use of the Services.
    5. The Products to be manufactured or planned after the customer orders the Products (including but not limited to, made-to-order products and tailored coordination), the Company shall ship such Products after the completion of production or planning.
    6. The customer shall send the purchase order by himself/herself, and the customer is not entitled to designate its purchase order to a third party, or authorize a third party to use his/her name for making such purchase order (in the event that the third party made the order on behalf of the customer, or the customer authorizes the third party to use his/her name and make the purchase order, the Member shall be liable for all of the obligations arising out of such purchase order.
    7. Once a purchase agreement being made in accordance with the preceding paragraphs, the customer is not entitled to cancel the purchase agreement.
  3. 3. Settlement and Cost
    1. In the case when the customer purchases the Products on the Website, the method of payment for the Products shall be in accordance with the specific payment method designated by the third-party company providing such payment.
    2. Shipping costs for the Products purchased on the Website shall be displayed on the Products page of the Website and shall be, in general, borne by the customer, unless the price of the Products exceeds a certain amount specified on the Website.
  4. 4. Registration
    1. In the event that the customer applies for becoming a member (the “Member”) of the Services by agreeing to the Terms in accordance with the procedure designated by the Company, the customer may be registered as a Member after the completion of registration procedure. The customer shall forward the registration process by himself/herself, and the Company may reject the application from the customer due to the past rejection for the registration as a Member, or any customer whom the Company deems inappropriate.
    2. In the registration procedure, a customer who applies for the registration shall read all the instruction and information described on the Website and provide the correct information with the form designated by the Company.
    3. The Member shall be responsible for managing the specific information thereof, such as the account information provided by the Company, ID, password created by the Member (the “Account”) and shall not assign, lend, or sell the Account to any third party.
    4. The Member shall inform the Company of any change to the registered information, such as name, address, etc.
    5. The Company shall not be liable for any damages arising out of the Member’s failure to change the registered information.
    6. The Member may cancel or terminate the registration of the Services, by contacting the Company via email, or any other manner designated by the Company, which shall be processed by the Member himself/herself. The Member will cancel or terminate the registration after the designated cancellation procedure being completed.
    7. In the event that the Member performs any of the following acts, the Company may cancel or terminate the registration as a Member:
      1. Any action violating the Terms;
      2. To declare false information upon registration procedure;
      3. To use, or let someone use, the Account inappropriately;
      4. In the event that qualification of a Member has been suspended due to a violation of the Terms in the past; or
      5. Any other action which the Company deems inappropriate.
    8. The Member shall be liable for any damage incurred to the Company arising out of any event under the Article 4.7.
  5. 5. Personal Information
    1. The Company will not disclose personal information of the customer (the Member included, under this Article 5), disclosed by the customer and the information of transaction relating to the customer and otherwise similar information (the “Personal Information”) to a third party without prior consent by the customer, excluding the following cases:
      1. In the event that the Company was requested to disclose according to laws and regulations; or
      2. In the event that the Company confirms the necessity for protecting its rights, interest, trust, etc.
    2. The Company will manage the Personal Information complying with its privacy policy provided on the Website. Subject to the privacy policy, the Company is entitled to use the Personal Information for the purpose of providing, maintaining, improving, or promoting the Services.
    3. The Company is entitled to provide the customer with the information (including advertisement and promotion) by means such as email. If the customer does not wish to receive such information, the ustomer can request to the Company to stop providing the information by notifying the Company in the way designated by the Company, excluding the information necessary for the operation of the Services.
  6. 6. Prohibition and Termination of Purchase Agreement
    1. The customer shall not do the following acts upon the Services. In the event that the customer performed any of the following acts, the Company may prohibit the use of the Services by such customer, or may terminate the purchase agreement of the Products.
      1. To violate laws, regulations, the Terms, the Supplement Term (as defined under the Article 12), instructions for the Services and any other rules hereof;
      2. To damage the Company’s, or third party’s rights, interests, trust and so forth;
      3. To do any action which threatens to affect adversely to youth’s mind and body, or to be offensive to public order and morals;
      4. To cause trouble to other customer or third party, or to do any action which makes the other person offended;
      5. To enter or provide a false information for the Services;
      6. To send or encrypt computer virus or illegal email message, etc;
      7. To access to the Company’s server or computer without authorization;
      8. To assign or rent his/her password to third party or to use such password jointly with the third party;
      9. To let a third-party purchase the Products (including purchase by a third party on behalf of the customer, or by authorizing a third party to the name of the customer);
      10. Unable to deliver the Products due to unknown destination, or long-term absence;
      11. To purchase the Products for resale purpose, or any other commercial purpose; or
      12. To take any other action which the Company deems inappropriate.
    2. In addition to the acts described in each item under the Article 6.1, the Company may cancel or terminate the purchase agreement with the customer even after sending the Order Acceptance if any of the following applies:
      1. In the event that the customer orders an item that is not in stock;
      2. In the event that the customer does not receive delivery of the Products and do not respond to an inquiry or email communications by the Company;
      3. If there is a significant change or error in the price of the Products;
      4. In the event that the Company finds the personal information the customer has disclosed to the Company as false;
      5. In the event that the customer cannot complete payment by the payment method the customer has selected or that such payment completion is found difficult; or
      6. If the Company finds any other reasonable and sufficient ground for the cancellation or termination.
    3. If the Company cancels or terminates the purchase agreement with the customer in accordance with the preceding two paragraphs, the Company shall return the paid money (if any).
  7. 7. Suspension of Services

    The Company may suspend the Services without notice in order to maintain the condition and quality of the Services in the following events:

    1. When it is necessary for regular maintenance or emergent maintenance of the system;
    2. When the system is under heavy load;
    3. When it is difficult to operate the system, due to fire, blackout or any other obstructive behavior; or
    4. Any other event when the Company deems necessary to suspend the Services.

    The Company shall not be liable for any damage caused to the customer due to the suspension pursuant to the preceding paragraph.

  8. 8. Intellectual Properties
    1. The copyrights, patents, and other intellectual property rights or interests in the text, images, videos and other contents on the Website (the “Contents”), or the trademarks that appear on the Website (the “Trademarks”) belong to the Company or to the third party who has granted the permission to the Company. The customer may not use the Contents for any purpose other than to comply with the Terms hereof.
    2. The customer shall not infringe on the rights or interests relating to the Contents or the Trademarks of the Company or any third party, and the customer shall not use or reproduce the Contents or the Trademarks without the Company’s prior consent.
  9. 9. Change or Termination of Services

    The Company may, at its sole discretion, change or terminate the Services without any notice to the customer, to the extent permitted by relevant laws or regulations.

  10. 10. Notification

    In the event that the Company is obliged to notify the customer or to deliver the Products to the customer, it is deemed that the Company fulfills such obligation by notifying or delivering to the address of the customer, provided or registered by himself/herself in advance.

  11. 11. Disclaimer
    1. The Company accepts no liability for damages due to the suspension of system, loss of data, unauthorized access or any other damage to the customer regarding the Services.
    2. The Company does not warrant that mail contents sent from the Website, server or domain does not include computer virus or any harmful content.
    3. The Company will not accept the request from the customer to return the Products for the reason that the color, design, size etc. of the Products ordered by the customer does not fit for his/her specific purpose, except for returning or exchanging the defective Products.
    4. The Company is not liable for any stain or damage to the Products which occurs during the transportation, unless the customer proves such stain or damage is caused by the carrier intentionally or by gross negligence.
  12. 12. Revision of Terms

    The Company may at any time revise the Terms and may set forth the supplement term (the “Supplement Term”). Revision or supplement to the Terms shall be effective when the Company show revised Terms or the Supplement Term on the Website. In such case, the customer shall be subject to the revised Terms and the Supplement Term, to the extent permitted by relevant laws or regulations.

  13. 13. Governing law and Jurisdiction

    Any dispute arising out of the Terms shall be governed by the laws of Japan and subject to exclusive jurisdiction of Tokyo District Court, Japan.

  14. 14. Language

    The Terms shall be executed in Japanese language. Japanese shall be the governing language and any translation of the Terms into any other language is only for convenience of reference, and shall not bind the parties hereto.

Enacted on Nov. 5th, 2020