Terms of service
Terms of Service
This is an English translation of the Japanese Terms of Service (利用規約). In case of discrepancy, the Japanese version prevails.
Introduction
This website (ensage-tokyo.com, the "Site") is operated by Rare Co., Ltd. (Rare株式会社, the "Company") under the brand "EnSage". Throughout these Terms, "we", "us" and "our" refer to Rare Co., Ltd. We offer this Site and all information, tools and services available on it (collectively, the "Service") conditioned upon your acceptance of these Terms and all terms, conditions, policies and notices stated or referenced herein.
By visiting the Site or purchasing products on the Site, you use our Service and are deemed to agree to be bound by these Terms (including the additional terms and policies referenced herein). These Terms apply to all users of the Site, including browsers, purchasers, vendors, customers and contributors of content.
Please read these Terms carefully before using the Site. If you do not agree to these Terms, please refrain from accessing the Site or using the Service.
Any new features or tools added to the Site in the future shall also be subject to these Terms. You can review the most current version of these Terms at any time on this page. We may update, change or replace any part of these Terms by posting updates on the Site (see Article 19).
The Site is hosted on a platform provided by Shopify Inc., through whose systems we sell our products to you.
Article 1 (Online Store Terms)
By agreeing to these Terms, you represent that you are at least the age of majority in your country or region of residence, or, if you are a minor, that you are using the Site with the consent of a parent or other legal guardian.
You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms, viruses or any code of a destructive nature.
A breach of any of these Terms will entitle us to immediately suspend the provision of the Service.
Article 2 (General Conditions)
We reserve the right to refuse service to anyone, for any reason, at any time.
Your content (excluding credit card information) may be transferred unencrypted and may involve transmission over various networks and changes to conform to the technical requirements of networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, access to the Service, or any contact on the Site through which the Service is provided, without our express written permission.
The headings used in these Terms are for convenience only and do not limit or otherwise affect any provision.
Article 3 (Accuracy, Completeness and Timeliness of Information)
We are not responsible if information made available on the Site is not accurate, complete or current. The material on the Site is provided for general information only and should not be relied upon as the sole basis for making decisions without consulting more accurate, complete or timely primary sources. Any reliance on the material on the Site is at your own risk.
The Site may contain historical information. Historical information is not necessarily current and is provided for reference only. We may change the contents of the Site at any time, but we have no obligation to update any information. You agree that it is your responsibility to monitor changes to the Site.
Article 4 (Modifications to the Service and Prices)
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice.
We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service, except in cases of our willful misconduct or gross negligence.
Article 5 (Products and Services)
Certain products or services may be available exclusively online through the Site. These products may have limited quantities and are subject to return or exchange only in accordance with our Return, Exchange and Refund Policy.
We make every effort to display the colors and images of our products as accurately as possible, but we cannot guarantee that your monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction, and may exercise this right on a case-by-case basis. We may also limit the quantities of any products or services that we offer. Product descriptions and pricing are subject to change at any time without notice, at our discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on the Site is void where prohibited by law.
We do not warrant that the quality of any products, services, information or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Article 6 (Accuracy of Billing and Account Information)
We reserve the right to refuse any order you place with us. We may, in our discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we will endeavor to notify you by contacting the email address, billing address or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made with us. You also agree to promptly update your email address, credit card number, expiration date and other account information so that we can complete your transactions and contact you as needed.
For more details, please review our Return, Exchange and Refund Policy.
Article 7 (Optional Tools)
We may provide you with access to third-party tools that we neither monitor nor have any control over or involvement in.
You acknowledge that such tools are provided "as is" and "as available" without any warranties or conditions. To the extent permitted by law, we shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use of optional tools offered through the Site is entirely at your own risk and discretion, and you should review and agree to the terms of the relevant third-party provider(s).
We may in the future offer new services or features through the Site (including the release of new tools and resources). Such new features and services shall also be subject to these Terms.
Article 8 (Third-Party Links)
Certain content, products and services available via the Service may include materials from third parties.
Third-party links on the Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content or any other transactions made in connection with any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns or questions regarding third-party products should be directed to the third party.
Article 9 (User Comments, Feedback and Other Submissions)
If, at our request, you send certain specific submissions (for example, contest entries), or without a request from us you send creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by postal mail or otherwise (collectively, "Comments"), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. However, this does not apply to rights granted to you under applicable law.
We may, but have no obligation to, monitor, edit or remove content that we determine in our discretion to be unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable, or that violates any party's intellectual property or these Terms.
You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy, personality (portrait) or other personal or proprietary rights. You further agree that your Comments will not contain defamatory, unlawful, objectionable or obscene material, or contain any computer virus or other malware. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Comments. You are solely responsible for the content and accuracy of any Comments you make. We take no responsibility for any Comments posted by you or any third party.
Article 10 (Personal Information)
Your submission of personal information through the Site is governed by our Privacy Policy and by the Act on the Protection of Personal Information and other applicable laws and regulations.
Article 11 (Errors, Inaccuracies and Omissions)
Occasionally there may be information on the Site or in the Service that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate, at any time without prior notice (including after you have submitted your order). If we cancel an order, any amount already paid will be promptly refunded.
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation pricing information, except as required by law. No specified update date applied in the Service should be taken to indicate that all information has been modified or updated.
Article 12 (Prohibited Uses)
In addition to other prohibitions set forth in these Terms, you are prohibited from using the Site or its content for any of the following purposes:
- Any unlawful purpose
- Soliciting others to perform or participate in any unlawful acts
- Violating any international, national or local laws, regulations, rules or ordinances
- Infringing upon the intellectual property rights of us or of others
- Harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability
- Submitting false or misleading information
- Uploading or transmitting viruses or any other type of malicious code that will or may affect the functionality or operation of the Service, any related website, other websites or the Internet
- Collecting or tracking the personal information of others
- Spamming, phishing, pretexting, crawling or scraping
- Any obscene or immoral purpose
- Interfering with or circumventing the security features of the Service, any related website, other websites or the Internet
If you violate any of the prohibited uses above, we may suspend your use of the Service and any related website.
Article 13 (Disclaimer of Warranties; Limitation of Liability)
We do not guarantee that your use of the Service will be uninterrupted, timely, secure or error-free, nor that the results that may be obtained from the use of the Service will be accurate or reliable.
We may temporarily suspend or terminate the Service without notice.
Except as expressly stated by us, the Service and all products and services delivered to you through the Service are provided "as is" and "as available". To the extent permitted by law, we make no warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, durability, title and non-infringement.
We (including our directors, officers, employees, affiliates, agents, contractors, suppliers and service providers) shall not be liable for any damages arising from your use of the Service or of any products procured using the Service, except in cases of our willful misconduct or gross negligence. Even where we are liable for damages, except in cases of our willful misconduct or gross negligence, our liability shall be limited to the amount actually paid by you for the product that gave rise to the damage, and we shall not be liable for any special damages, indirect damages or lost profits.
Article 14 (Indemnification)
If we (including our directors, officers, employees, affiliates, agents, contractors, suppliers, etc.) receive a claim from a third party due to your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third party, you shall resolve such claim at your own responsibility and expense, and shall indemnify us for any damages incurred by us (including reasonable attorneys' fees).
Article 15 (Severability)
If any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless remain effective to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.
Article 16 (Termination)
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement.
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use the Service, or when you cease using the Site.
If you fail, or we reasonably suspect that you have failed, to comply with any provision of these Terms, we may terminate this agreement at any time without notice. In such case, you will remain liable for all amounts due up to and including the date of termination, and we may deny you access to the Service (or any part thereof).
Article 17 (Entire Agreement)
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by us on the Site or in respect of the Service constitute the entire agreement between you and us, and supersede any prior or contemporaneous agreements, communications and proposals between you and us regarding the Service (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
Article 18 (Governing Law and Jurisdiction)
These Terms shall be governed by the laws of Japan, and the Tokyo District Court shall have exclusive jurisdiction as the court of first instance over any dispute arising in connection with these Terms.
If any provision of these Terms conflicts with the Consumer Contract Act, the Act on Specified Commercial Transactions or any other mandatory Japanese consumer protection laws, the provisions of such laws shall prevail. Nothing in these Terms limits any rights granted to you under such laws.
Article 19 (Changes to These Terms)
You can review the most current version of these Terms at any time on this page.
In accordance with the Civil Code and other applicable laws, we may update, change or replace any part of these Terms by posting updates on the Site. In the case of material changes, we will announce the changes and their effective date on the Site in advance. If you continue to use the Site or the Service on or after the effective date of the revised Terms, you will be deemed to have agreed to the revised Terms.
Article 20 (Contact Information)
Questions about these Terms should be sent to us at:
Rare Co., Ltd. (EnSage)
2-17-4 Iwamotocho, Taigo Building II 3C, Chiyoda-ku, Tokyo 101-0047, Japan
Email: contact@ensage-tokyo.com