Terms of service

Please see the "Privacy Policy" regarding the handling of your personal information.

Article 1 (Purpose)
1. These Terms of Service (hereinafter referred to as the “Terms”) shall apply to the User (hereinafter referred to as the “User”) who uses “ZOHIKO Global Official Online Store” (hereinafter referred to as the “Service”) operated by Zohiko Co. Ltd. (hereinafter referred to as the “Company”) and to the User who has registered an account on the Company's website (hereinafter referred to as the “Member”). 
The User shall agree to use the Service upon agreeing to the Terms.
2. This agreement sets forth the terms and conditions for using the Service.
The User shall use the Service in accordance with the Terms, depending on the User's age, usage environment, and other circumstances.
3. If the User agrees to the Terms, such agreement will form an Agreement (defined in Article 2) between the Company and such User.

Article 2 (Definitions)
The following terms used in the Terms shall have the meanings set forth in the following items:
(1) “Agreement”: An agreement on the Service to be executed between the Company and a User under the terms and conditions as stipulated in the Terms;
(2) “User”: Any person using the Service;
(3) “Member”: Any User who has registered an account;
(4) “Product”: A product purchased by a User using the Service;
(5) “User Information”: Personal information of a User registered to use the Service;
(6) “Member Information”: ID and password of a Member who has registered an account with the Service; and
(7) “Communication Equipment”: Smartphones, tablets, and computer equipment.

Article 3 (Contents of the Service)
1. Users may purchase Products from the Company by using the Service. 
2. Users may use the Service without registering for an account.
However, there are some additional services that are only available to Members, such as viewing past order history.
Please register if you intend to use these services.

Article 4 (Membership Registration)
1. A person who intends to become a Member of the Service shall agree to the Terms and follow the instructions on the Service to register an account. 
2. If any of the information registered by a Member in accordance with the preceding paragraph changes, the Member shall immediately go to the “Login” page on the Service and implement procedures to change the registered information.
3. The Company may refuse any membership registration at its sole discretion.
4. The application for membership registration must be made directly by the person who is to become the Member. Membership registration by a proxy is not permitted. 
5. Members shall not permit any third party to use, lease, assign, transfer, sell, or pledge their membership status and membership information to any third party.

Article 5 (Purchase of Products)
1. If a User would like to purchase the Products, the User shall place an order by entering true and accurate information in accordance with the method prescribed by the Company, and a purchase agreement for the Products shall be executed when the User receive a “Notice of Conclusion of Sale and Expected Shipment Date” from the Company following the automatic order confirmation notification.
2. In the event that a User falls under any events in the following item, even after receiving an order from the User, the Company may refuse the order:
(1) If the User breaches the Terms;
(2) If the User breached the Terms in the past;
(3) When the User placed a large number of orders at one time;
(4) If the order from the User exceeds the maximum number of items to be purchased as determined by the Company;
(5) If an order from the User is placed for the purpose of resale;
(6) If the User placed an order by impersonating a third party;
(7) If the User entered false information;
(8) If an e-mail to the registered e-mail address is returned or undeliverable;
(9) When it is found that payment authorization cannot be obtained from the credit card company, when unauthorized use of a credit card is discovered, or when unauthorized use is suspected; or
(10) In addition to (1) through (9) above, if the Company reasonably deem it necessary to refuse the order.
3. Even after the execution of a purchase agreement for the Product as described in Paragraph 1 of this Article 5, the Company may cancel the order in the event of loss of the Product due to an earthquake, fire, flood, terrorism, riot, civil disorder, or other force majeure, or in the event of any of the events described in the preceding paragraph, or in the event of other unavoidable circumstances that require the cancellation of the order. 

Article 6 (Payment)
1. The User shall pay the price of the Product by the payment method selected at the time of the order and by the payment due date provided by the Company. Any handling charges related to payment shall be borne by the User. 
2. After confirming payment by the User, the Company will deliver the Product in accordance with the purchase agreement concluded with the User. The User agrees in advance that if the Product is returned to the Company after delivery process is completed due to any reason attributable to the User, including the User’s refusal or long-term absence, the User might incur a fee separately designated by the Company for re-delivery of such Product to the User.

Article 7 (Transfer of Ownership, Risk of Loss, and Cancellation of Purchase Agreement)
1. The Ownership of the Product will transfer from the Company to the User upon completion of delivery of such Product.
2. Any loss, damage or other risks arising with respect to the Product shall be borne by the Company if such loss, damage, or risk arises prior to completion of delivery of the Product, unless there are any grounds which are attributable to the User. Any loss, damage or other risks arising after completion of delivery of the Product shall be borne by the User, unless there are any grounds which are attributable to the Company.
3. In the event that the Product is returned to the Company or undeliverable due to an unknown address, long-term absence, or other reasons despite the Company having completed the delivery procedures to the address registered by the User, and if the Company is unable to deliver the Product within 100 days of its initial shipment and is unable to contact the User within 100 days, the Company may terminate the purchase agreement with the User without making any notice. 
4. In the event that the purchase agreement is cancelled pursuant to Paragraph 3 of this Article 7, the Company shall not refund the price of the Product or compensate the User for any damage, and the User shall pay the shipping costs and administrative fees for the Product incurred as a result of the cancellation.

Article 8 (Return of Products)
The Company will respond to returns in accordance with the “Refund Policy” for the Service.

Article 9 (Management of User and Member Information)
1. Users shall, at his/her own expense and responsibility, prepare all necessary equipment, communication means, and means of transportation to receive the Service.
Users shall bear all communication costs required to use the Service.
2. Users shall be responsible for the management of User Information, Member Information, and Communication Equipment. Users shall be responsible for any damage due to reasons, including mismanagement, errors in usage, or use by any third party of User Information, Member Information, and Communication Equipment. The Company shall not be liable for any damage unless it is caused by the Company’s negligence or willful misconduct.
3. If there is a threat that a third party use User Information, Member Information, or Communication Equipment, the User shall immediately notify the Company of such threat and comply with the Company's instructions, if any.

Article 10 (Conditions for Provision of the Service)
The Company may suspend or change the Service for maintenance or other reasons without any notice to Users.

Article 11 (Intellectual Property Rights, etc.)
1. Any User agrees that if such User uploads any posting in the Services, regardless of copyrightability, such User will grant the Company a license to use all copyrights (including the rights stipulated in Articles 27 and 28 of the Copyright Act) that might arise concerning any part or all of such posting, for any purpose, free of charge and to an unlimited extent.
2. Users shall not reproduce, reprint, publicly transmit, modify, or otherwise use all information and content provided in the Service (hereinafter collectively referred to as the “Company Content”) beyond the scope of private use as stipulated in the Copyright Act. 
3. Copyrights, patent rights, utility model rights, trademark rights, design rights and any other intellectual property rights related to the Company Content, and the right to obtain registration of these rights (hereinafter collectively referred to as “Intellectual Property Rights”) belong to the Company or the licensors licensed by the Company, and do not belong to any User.
Users shall not reproduce, distribute, reprint, transfer, publicly transmit, modify, adapt, or make any other derivative of the Company Content, regardless of whether or not the Company Content are protected by Intellectual Property Rights.
4. In the event that a User breaches the provisions of this Article 11 and causes any problem, the User shall resolve the problem at the User's own expense and responsibility, and shall take appropriate measures to hold the Company harmless from any disadvantage, burden, or damage. 
5. Users shall not exercise moral rights (including the right of publicity, the right of attribution, and the right of integrity) concerning any part or all of the contents of its/his/her posting which might potentially be a copyright work, against the Company, any third parties who duly obtain relevant rights from the Company, or any persons who have succeeded such rights from the third parties.

Article 12 (Prohibited Acts)
1. The Company prohibits the following acts in the use of the Service by Users:
(1) Breaching the Terms;
(2) Placing a large number of orders at one time;
(3) Purchasing of Products for the purpose of resale;
(4) Unauthorized use of a credit card;
(5) Infringing or threatening to infringe on the intellectual property rights, patents, utility model rights, design rights, trademarks, copyrights, portrait rights, or other proprietary or personal rights of the Company, the licensors from which the Company receives license, or other third parties;
(6) Acts that cause or likely cause any disadvantage or damage to the Company or any third parties;
(7) Acts that unduly damage or likely damage the honor, rights, or credibility of others;
(8) Acts that violate any rules including laws, regulations, or ordinances;
(9) Acts that go against or likely go against public policy, or acts that provide other Users or any third party with information which likely go against public policy;
(10) Criminal acts, any act that lead to or encourage criminal acts, or any act that likely lead to or encourage criminal acts;
(11) Providing information that is false or likely false;
(12) Unauthorized access to the Company's system, alteration of program codes during such unauthorized access, intentional falsification of location information, cheating by using the specifications of telecommunications equipment or any other application, distribution of any computer viruses, or any other act that prevent or likely prevent the Service from its normal operation;
(13) Acts to use a macro program or any function or tool enabling automatic operations;
(14) Acts that damage or likely damage the credibility of the Service;
(15) Acts that likely cause any negative influence upon sound development of young people and their minds and bodies
(16) Acts that impersonate a third party through the use of other Users' accounts or other methods;
(17) Acts that involve or likely involve a crime such as fraud, abuse of contraband drugs, illegal sale or purchase of savings accounts and cell phones;
(18) Acts related to criminal proceeds or terrorist financing, or actions that are or likely be suspected of being related to criminal proceeds or terrorist financing; or
(19) Any other act that the Company deems inappropriate based on reasonable grounds.
2. If the Company determines that any act of a User falls under any of the items in Paragraph 1 of this Article 12, the Company may take any or all of the following measures without prior notice:
(1) Restriction of use of the Service;
(2) Termination of the Agreement and cancellation of the membership of the Service; and
(3) Any other measure that the Company reasonably deems necessary.

Article 13 (Termination)
1. If any User(including but not limited to Members) falls under any of the following categories, the Company may terminate the Agreement and the purchase agreement with the User, and cancel the membership of the Service without making any notice:
(1) If the registration information contains false information;
(2) If the User has been previously withdrawn from the membership of the Service by the Company;
(3) If the Company receives a notification of the death of the User from the User's heirs, etc., or if the Company confirm the fact of the User's death;
(4) If a minor uses the Service without the consent of the minor’s legal representative;
(5) If an adult ward, a person under curatorship, or a person under assistance uses the Service without the consent of his or her guardian, curator, assistant, or any other equivalent;
(6) If a User does not respond in good faith to a request from the Company; or
(7) if the Company deems it inappropriate to continue the Agreement with the User.
2. In addition to the events specified in each item of the preceding paragraph, the Company may terminate the Agreement with the User(including but not limited to Members) by giving notification to such User no later than thirty (30) days before such termination in advance.
Furthermore, in the case of the Member, the Company may cancel the membership.
In addition, if a Member wishes to cancel the membership, the Member may apply to the Company for cancellation of the membership, and the Company will follow the prescribed procedures after confirming the details of the application. 
3. A User and a Member who have been subjected to the measures in Paragraphs 1 and 2 of this Article 13 shall lose the benefit of time upon termination of this Agreement, and all obligations of the User and the Member will be accelerated and become immediately due and payable and the User and the Member shall forthwith implement such all obligations to the Company.

Article 14 (Non-warranty and Disclaimer)
1. Although the Company will outsource the delivery of the Products to a delivery company in accordance with the User's request at the time of order, the Company shall not warranty any delay in delivery after the outsourcing. 
2. In using the Service, Users may be transferred from the Service to other services operated by third parties related to the Service (hereinafter referred to as “External Services”). 
In such cases, the User shall use the Service and External Services upon agreeing to the terms of use of the External Services at the User's own responsibility and expense. In no event shall the Company warranty the completeness, accuracy, validity, etc. of the content of the External Services. 
3. The Company shall not be liable for any loss or damage incurred by the User as a result of the User's failure to change User Information, Member Information, or other registered information in the Service. 
4. Users shall use the Service within the scope permitted by all applicable laws and regulations. The Company shall not be responsible for any infringement of laws and regulations of any country including Japan by the User in connection with the use of the Service.
5. The Company does not warranty that the Service will be free from interruption, suspension, delay, or other failure. In addition, the Company may suspend or change the Service for maintenance or other reasons without any notice to Users, for which the Company shall not be responsible. 
6. Even in the event that User Information is stolen or lost due to unauthorized access or other unforeseen acts including unlawful access by any third party, the Company shall not be responsible for any damage to the User resulting from such theft or loss, except in the case of willful misconduct or negligence on the Company part.
In the event of willful misconduct or negligence on the part of the Company, the liability for damages shall be within the scope as set forth in Paragraph 2 of the following Article.
7. The Company shall not be responsible for any non-performance of a part or all of obligations under the Agreement due to natural disasters, earthquakes, fires, strikes, commercial stoppages, wars, civil disorders, epidemics of infectious diseases, or other force majeure.
8. The Company will not be responsible for any problems and troubles (which is related or not related to the Service) that may arise between a User and a manufacturer of the Product or any other User in connection with the use of the Service.
Such problems and troubles shall be resolved by the User at the User's own cost and expense.

Article 15 (Liability for Damages)
1. In the event that a User causes damages to the Company in connection with a breach of the Terms or use of the Service, the User shall indemnify the Company for any damages (including lost profits and attorney's fees) incurred by the Company. 
2. Notwithstanding any other provision of the Terms, except as provided in the next paragraph, in the event that the Company causes damage to a User for reasons attributable to the Company, the Company shall be liable for compensation for such damage only to the extent specified in each of the following items:
(1) In the case of willful misconduct or gross negligence on the part of the Company: the full amount of such damages due to reasons attributable to the Company;
(2) In the case of negligence of the Company: the amount shall be within the scope of ordinary damages (excluding special damages, lost profits, indirect damages and attorney's fees) actually and directly caused by the negligence, with an upper limit of one-half of the purchase price of the Product.
3. Notwithstanding the immediately preceding paragraph, in the event that a User is a corporation or an individual using the Service as a business or for business purposes, unless the damage is intentional or grossly negligent on the part of the Company, the Company shall not be liable for any damage incurred by the User in connection with the Service. If the Company compensates for damages, the maximum amount of compensation for damages incurred by the Company shall be limited to the cumulative total amount of purchases made during the most recent one-year period from the date of occurrence of the damage.

Article 16 (Discontinuation of the Service)
1. When the Company reasonably determines that the provision of the Service should be discontinued, the Company may unilaterally discontinue the provision of the Service.
2. In the case of the preceding paragraph, except in the case of willful misconduct or gross negligence on the part of the Company, the Company shall not be responsible for any ensuing damage.

Article 17 (Confidentiality)
Users shall keep in strict confidence all confidential, proprietary or non-public information in connection with the Service disclosed by the Company with the request that it be treated as confidential and shall not disclose or divulge such information to any third party, except with the prior written consent of the Company.

Article 18 (Exclusion of Anti-Social Forces)
1. Users represent and warrant to the Company that they are not currently a crime syndicate, a member of a crime syndicate, a person who has ceased to be Crime Syndicate Member within the last five (5) years, a quasi-organized member of a crime syndicate, a company affiliated with a crime syndicate, a general meeting house, a socially motivated group, a special intelligence group, or any other groups or persons equivalent to any of the above (hereinafter referred to as “Crime Syndicate Member, etc.”) and that it does not fall under any of the following items, and warrants that it will not fall under any of the following items in the future:
(1) Having a relationship in which Crime Syndicate Member, etc. is deemed to control the management;
(2) Having a relationship in which it is deemed that Crime Syndicate Member, etc. is substantially involved in the management;
(3) Having a relationship that is recognized as unjustly utilizing Crime Syndicate Member, etc. for the purpose of pursuing unjust profits for oneself, one's own company, or a third party, or for the purpose of inflicting damage on a third party, etc;
(4) Having a relationship that is deemed to involve Crime Syndicate Member, etc. such as providing funds , etc., or benefits, etc. to Crime Syndicate Member, etc.; and
(5) Having a socially reprehensible relationship with Crime Syndicate Member, etc. as an officer or a person substantially involved in the management of the company.
2. Users shall warrant that they will not commit any of the following acts either by themselves or through the use of a third party:
(1) Violent demanding behavior;
(2) Unreasonable demands beyond legal responsibility;
(3) Any act or threat with words or actions or use of violence regarding transactions;
(4) Spreading rumors, damaging the reputation of the Company by using fraudulent means or force, or obstructing the Service of the Company; and 
(5) Any other acts equivalent to the preceding items.
3. If it is found that a User is Crime Syndicate Member, etc., or falls under any of the items of Paragraph 1 of this article 18, or conduct any act as set forth in each item of the immediately preceding paragraph, or makes a false statement regarding the representations and warranties under Paragraph 1 of this article 18, regardless of whether or not the cause is attributable to the User, the Company may cancel this Agreement without giving any notice to the User.
4. If the Agreement(s) between the Company and a User is terminated pursuant to the immediately preceding paragraph, the Company is not liable for any damages incurred by the User as a result of the termination, and the User agrees that the Company is not liable for the damages.

Article 19 (Communication and Notification)
Inquiries regarding the Service and other communications or notifications from Users to the Company, as well as notifications regarding modification to the Terms and other communications or notifications from the Company to Users (hereinafter referred to as “Notices, etc.”) shall be made by e-mail. 
Notices, etc. shall become effective when they are sent from the Company to the e-mail address registered by a User, and such Notices, etc. shall be deemed to have arrived at the User.

Article 20 (Assignment of Status, etc.)
Neither Users nor the Company may, without the prior written consent of the other party, transfer the contractual status under the Agreement or the Terms to a third party, assign or transfer all or part of its rights and obligations under the Agreement or the Term to a third party, or encumber its rights under the Agreement or the Term as collateral; provided, however, this shall not apply to stock transfers, business transfers, mergers, company splits, and other reorganizations.

Article 21 (Handling of Personal Information)
The Company shall comply with all applicable laws and regulations in the handling of personal information in the Service, and shall handle such information in accordance with the “Privacy Policy” set forth by the Company.

Article 22 (Severability)
1. If any provision of the Terms is determined to be invalid, in whole or in part, under any law or regulation, the other provisions of the Terms shall remain valid. 
2. If any provision of the Terms is held invalid or revoked in relation to one User, the Terms shall remain valid in relation to other Users.

Article 23 (Effective Term of the Agreement)
The term of validity of the Agreement shall be from the time of the formation of the Agreement until the completion of the procedures based on the purchase agreement between the User and the Company regarding the Products, and in the case of a Member, until the resignation of the membership. 
Regardless of the reason for which the Agreement is terminated, the following provisions, paragraph 4 of Article 7, Article 11, paragraph 3 of Article 13, Articles 14 through 16, paragraphs 3 and 4 of Article 18, Article 20, and Articles 22 through 27 shall survive the termination of the Agreement.

Article 24 (Amendment of the Terms)　
1. The Company may amend the Terms at any time in accordance with the provisions of Article 548-4 of the Civil Code, if any of the following items applies. 
After the Terms have been amended, the amended Terms shall apply to the Agreement.
(1) When the amendment of the Terms conforms to the general interest of the User.
(2) When the amendment of the Terms does not run afoul of the purpose for the agreements, and it is reasonable in light of the circumstances concerning the amendment such as the necessity of the amendment, the appropriateness of the details of the amended conditions, and the details of such provisions.
2. In the event of amendment of the Terms, the Company will specify the effective date of such amendment and notify Users of the details and effective date of the amendment at least two weeks prior to the effective date by displaying the amended Terms on the Service or by other means prescribed by the Company.
3. Notwithstanding the provisions of the preceding two paragraphs of this Article 24, if a User uses the Service after the amendment to the Terms are made known to the User, or if the User does not take the necessary procedures for cancellation of the Agreement within the period specified by the Company, such User shall be deemed to have agreed to the amendment to the Terms.

Article 25 (Governing Law)
The Terms shall be governed by and construed in accordance with the laws of Japan.

Article 26 (Agreed Jurisdiction)
Any and all dispute between Users and the Company shall be subject to the exclusive jurisdiction of the Kyoto District Court or the Kyoto Summary Court as the court of first instance.

Article 27 (Miscellaneous)
1. Users shall comply with any additional detailed conditions that are not stipulated in the Terms. In this case, such details shall constitute as an inseparable part of the Terms. 
2. Details shall take effect from the time they are posted in the designated place by the Company.
3. In the case of any conflict between the Terms and the details, the Terms shall prevail.

 

Supplementary Provisions

August 1, 2024: Revised and enforced