Terms of service

These Terms of Use for KITOWA (the “Terms”) are established by KITOWA Inc. (the “Company”) and set forth the terms and conditions governing the use of the services operated by the Company under the name “KITOWA” (the “Service”) between the Company and customers who use the Service (“Customers”). Customers must comply with these Terms when using the Service.

Article 1. Agreement to the Terms

Before using the Service, Customers must review and agree to these Terms (including the Privacy Policy and any other terms and policies related to these Terms; the same shall apply hereinafter).
If a Customer is a minor, the Customer must obtain the consent of a parent, guardian, or other legal representative to these Terms before using the Service.
If any provision of these Terms is determined to be invalid under applicable laws or regulations, the remaining provisions shall continue in full force and effect, and the Customer’s agreement to such remaining provisions shall remain valid.
The Company may amend these Terms at any time as necessary. Any such amendments shall be notified to Customers by posting them on the Service or by any other method designated by the Company.

Article 2. Use of the Service

Customers are required to enter or register the necessary information in order to use the Service.
Customers must provide accurate information and ensure that the information entered or registered is free from errors. The Company shall not be liable for any damage or disadvantage incurred by a Customer as a result of incorrect information provided by the Customer.
If the Company determines that any of the following applies to a Customer, the Company may, without prior notice to the Customer, suspend all or part of the Customer’s use of the Service, cancel a sales contract, or take any other measures that the Company deems necessary at its discretion:
(1) If the information provided by the Customer is incorrect and the Company is unable to contact the Customer;
(2) If the Customer is a member of an organized crime group or other antisocial force, or has a close relationship with any such person or entity;
(3) If the Customer lacks the ability to make payments, is insolvent or unable to pay debts, has become subject to a petition for commencement of bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, special liquidation proceedings, or any other insolvency proceedings, has resolved to dissolve, or has suspended business operations;
(4) If the Customer has previously violated these Terms and has been suspended from using the Service;
(5) If the Customer does not have the legal capacity to validly conduct legal acts;
(6) If a payment service provider or other relevant party requests that the Customer’s use of the Service be suspended; or
(7) If a payment service provider or other relevant party suspends the Customer’s use of payment or payment collection services.

Customers shall, at their own responsibility and expense, provide and maintain the telecommunications environment and devices necessary to use the Service. The Company shall not be liable for any matters arising from such telecommunications environment or devices.

Customers shall use the Service at their own discretion, responsibility, and expense.

Except for the price of products, consumption tax, shipping fees, fees associated with the selected payment method, and other applicable charges, no separate fee will be charged for use of the Service. However, if otherwise specified on an individual product detail page, the provisions stated on such page shall apply.

If the Company determines that a Customer is a member of an organized crime group or other antisocial force, has a close relationship with any such person or entity, or otherwise falls within an equivalent category, the Company may suspend the Customer’s use of the Service without prior notice. The Company shall not be liable for any damage incurred by the Customer as a result of such suspension.

The Company may, at its discretion, terminate or modify all or part of the Service at any time.

In the event of force majeure, including natural disasters, or if the Company otherwise determines it necessary, the Company may discontinue all or part of the Service. In such case, the Company shall notify Customers by posting a notice on the Service or by any other method designated by the Company.

Customers acknowledge that payment service providers or other relevant parties may suspend or discontinue all or part of their services due to system failures, force majeure such as natural disasters, or other circumstances they deem necessary.

The Company shall not be liable for any damage or disadvantage incurred by Customers as a result of any of the circumstances described in the preceding three paragraphs. However, this shall not apply where the Company is responsible for such damage or where the Company cannot be exempted from liability under the Consumer Contract Act of Japan.

Article 3. Purchase and Payment

A sales contract for products ordered by a Customer shall be concluded when, after the Customer’s order has been received by the Company’s server via the Internet and recorded in the Company’s system, the Company sends notice of acceptance in the manner prescribed by the Company.

The Company shall not be liable for any damage or disadvantage incurred by a Customer if the Customer’s order is not recorded in the Company’s system for reasons not attributable to the Company.

Once a sales contract has been concluded, the Customer may not cancel or terminate the purchase of the products.

Following the conclusion of the sales contract, the Customer shall pay the price of the products in accordance with the method and within the payment period separately specified by the Company.

If payment for the products is not made by the applicable deadline, the Company may terminate the sales contract.

Ownership of products purchased by a Customer shall pass to the Customer upon delivery of the products to the Customer.

Except as otherwise provided in these Terms, the Company shall not be liable for any events occurring after ownership of the products has passed to the Customer.

Article 4. Shipping, Returns, and Refunds

The Company shall arrange for products to be delivered to the address in Japan entered by the Customer in the prescribed manner through a delivery company engaged by the Company.

Matters relating to delivery shall be subject to the terms and conditions separately established by the applicable delivery company.

Shipping fees shall, in principle, be borne by the Customer. However, if otherwise specified on an individual product page, the provisions stated on such page shall apply.

Customers may return products only if the products are defective or if products different from those ordered have been delivered.

Please note that returns will not be accepted in any of the following circumstances. If additional conditions are specified on the relevant product detail page, such conditions shall also apply:
(1) More than seven days have passed since the products were delivered;
(2) The products, tags, packaging, or other accompanying items have been lost, damaged, soiled, or otherwise impaired; or
(3) The Company determines that the products were purchased for the purpose of returning them.

Article 5. Prohibited Conduct

Customers are prohibited from engaging in any of the following acts (collectively, “Prohibited Conduct”) when using the Service:
(1) Any act that violates these Terms or applicable laws or regulations;
(2) Providing false registration information, lending an account to a third party, using a third party’s account, or using another person’s credit card;
(3) Purchasing products for the purpose of resale for profit;
(4) Any act contrary to public order or morality;
(5) Any act that infringes the rights of a third party, defames or slanders the Company or a third party, damages the reputation or credibility of the Company or a third party, or otherwise interferes with the Company’s business operations;
(6) Using the Service for advertising or promotional activities;
(7) Placing an order without a genuine intention to complete the transaction, or purchasing products despite having no means or intention to pay for them;
(8) Spreading false rumors, using fraudulent means or force, making unreasonable demands beyond legal responsibility, or engaging in violent or threatening conduct; or
(9) Any act that interferes with or disrupts the Company’s servers or network systems.

If the Company determines that a Customer has engaged in, or is likely to engage in, any Prohibited Conduct set forth above, the Company may suspend the Customer’s use of the Service without prior notice. Such measures may include termination of a sales contract, cancellation of an application, or any other action deemed necessary by the Company.

The Company shall not be liable for any damage or disadvantage incurred by the Customer as a result of such measures.

Article 6. Handling of Information

The Company shall appropriately handle Customers’ personal information relating to the use of the Service in accordance with the Privacy Policy established by the Company.

The Company may, as necessary, disclose Customers’ registration information, transaction history, and other information required for investigations into fraudulent use or criminal investigations to payment service providers, payment collection service providers, victims of fraudulent use, and investigative authorities.

Customers agree that the Company may send information regarding the Service and related services or products to the Customer’s registered contact information, including email addresses. Customers who do not wish to receive such information may opt out by following the method separately designated by the Company.

Article 7. Disclaimer

The Company makes no express or implied warranty that the Service is free from factual or legal defects, including defects relating to safety, reliability, accuracy, completeness, validity, fitness for a particular purpose, or security, or from errors, bugs, or infringement of third-party rights. The Company also makes no express or implied warranty regarding the quality or functionality of products or their compatibility with other products.

Even where the Company’s ability to disclaim liability is restricted by the Consumer Contract Act of Japan, the Company’s liability for damages incurred by a Customer for reasons attributable to the Company shall be limited to the lesser of the price of the relevant products or JPY 10,000.

Article 8. Communications

If the Company determines that it is necessary to provide a notice or other communication to a Customer, the Company shall do so by a method that the Company deems appropriate. Customers agree that the Company may use their registered information for the purpose of providing such notices or communications.

Inquiries regarding the Service may be submitted through the designated inquiry form.

Article 9. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Japan.

Any dispute arising between the Company and a Customer shall be subject to the exclusive jurisdiction of the Tokyo Summary Court or the Tokyo District Court as the court of first instance, depending on the amount in controversy.