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Terms of service

Terms of Service

These Terms of Service (hereinafter referred to as the “Terms”) set forth the terms and conditions governing the use of the online shopping service (hereinafter referred to as the “Service”) provided on this website by SELBY Online Store (hereinafter referred to as the “Company”). Registered users (hereinafter referred to as “Users”) shall use the Service in accordance with these Terms.

Article 1 (Application)

  1. These Terms shall apply to all relationships between Users and the Company in connection with the use of the Service.

  2. In addition to these Terms, the Company may establish various rules and provisions regarding the use of the Service (hereinafter referred to as “Individual Provisions”). Regardless of their designation, such Individual Provisions shall constitute an integral part of these Terms.

  3. In the event of any inconsistency between these Terms and the Individual Provisions set forth in the preceding paragraph, the Individual Provisions shall prevail unless otherwise specifically provided therein.

Article 2 (User Registration)

  1. Registration for the Service shall be completed when an applicant agrees to these Terms, applies for registration in the manner prescribed by the Company, and the Company notifies the applicant of its approval of the application.

  2. The Company may refuse to approve an application for registration if it determines that any of the following circumstances apply, and shall have no obligation to disclose the reason for such refusal:

a. The applicant has provided false information in connection with the registration application.
b. The application has been submitted by a person who has previously violated these Terms.
c. The Company otherwise determines that registration of the applicant is inappropriate.

Article 3 (Management of User IDs and Passwords)

  1. Users shall be responsible for properly managing their User IDs and passwords for the Service.

  2. Users may not, under any circumstances, transfer or lend their User IDs or passwords to any third party, or share them with any third party. If a User ID and password combination matches the registered information and is used to log in to the Service, the Company shall deem such use to have been made by the User registered under that User ID.

  3. The Company shall not be liable for any damages arising from the use of a User ID or password by a third party, except in cases of willful misconduct or gross negligence on the part of the Company.

Article 4 (Sales Contracts)

  1. Under the Service, a sales contract shall be deemed concluded when a User submits an application to purchase a product and the Company notifies the User that it has accepted such application. Ownership of the product shall transfer to the User upon completion of delivery of the product to the User by the carrier entrusted by the Company.

  2. The Company may terminate a sales contract without prior notice to the User if the User falls under any of the following circumstances:

a. The User violates these Terms.
b. Delivery of the product cannot be completed due to an unknown delivery address or prolonged absence of the recipient.
c. The Company otherwise determines that the relationship of trust between the Company and the User has been impaired.

  1. Payment methods, delivery methods, procedures for canceling purchase applications, returns, and other matters relating to the Service shall be governed by the methods separately prescribed by the Company.

Article 5 (Intellectual Property Rights)

Copyrights and other intellectual property rights relating to product photographs and other content provided through the Service (hereinafter referred to as “Content”) belong to the Company or other legitimate rights holders, including content providers. Users may not reproduce, republish, modify, or otherwise make secondary use of such Content without authorization.

Article 6 (Prohibited Activities)

Users shall not engage in any of the following activities when using the Service:

  1. Activities that violate laws, regulations, or public order and morals.

  2. Activities related to criminal acts.

  3. Activities that infringe copyrights, trademarks, or other intellectual property rights contained in or relating to the Service.

  4. Activities that destroy, disrupt, or interfere with the functions of the Company’s servers or networks.

  5. Commercial use of information obtained through the Service.

  6. Activities that may interfere with the operation of the Company’s services.

  7. Unauthorized access or attempts to gain unauthorized access.

  8. Collection or accumulation of personal information or other information relating to other Users.

  9. Impersonation of another User.

  10. Directly or indirectly providing benefits to antisocial forces in connection with the Company’s services.

  11. Any other activities that the Company deems inappropriate.

Article 7 (Suspension or Interruption of the Service)

  1. The Company may suspend or interrupt all or part of the Service without prior notice to Users if it determines that any of the following circumstances apply:

a. Maintenance, inspection, or updating of computer systems relating to the Service is required.
b. Provision of the Service becomes difficult due to force majeure events such as earthquakes, lightning strikes, fires, power outages, or natural disasters.
c. Computers, telecommunications lines, or other systems cease operating due to an accident.
d. The Company otherwise determines that provision of the Service is difficult.

  1. The Company shall not be liable for any disadvantage or damage incurred by Users or third parties as a result of the suspension or interruption of the Service, regardless of the reason.

Article 8 (Restrictions on Use and Cancellation of Registration)

  1. The Company may, without prior notice, restrict a User’s use of all or part of the Service or cancel the User’s registration if any of the following circumstances apply:

a. The User violates any provision of these Terms.
b. It is discovered that the User has provided false information in the registration details.
c. The credit card registered by the User as a payment method has been suspended or otherwise becomes unavailable for use.
d. The User fails to fulfill payment obligations or other monetary obligations.
e. The User fails to respond to communications from the Company for a certain period of time.
f. The User has not used the Service for a certain period of time since the User’s last use.
g. The Company otherwise determines that the User’s use of the Service is inappropriate.

  1. The Company shall not be liable for any damages incurred by a User as a result of actions taken by the Company pursuant to this Article.

Article 9 (Withdrawal)

Users may withdraw from the Service by completing the withdrawal procedures prescribed by the Company.

Article 10 (Disclaimer of Warranties and Limitation of Liability)

  1. The Company does not warrant that the Service is free from factual or legal defects, including defects relating to safety, reliability, accuracy, completeness, effectiveness, fitness for a particular purpose, security, errors, bugs, or infringement of rights.

  2. The Company shall not be liable for any damages incurred by Users arising from or in connection with the Service. However, if the contract between the Company and a User relating to the Service, including these Terms, constitutes a consumer contract as defined under the Consumer Contract Act of Japan, this disclaimer shall not apply. Even in such cases, the Company shall not be liable for damages arising from special circumstances (including cases where the Company or the User foresaw or could have foreseen the occurrence of such damages) resulting from a breach of obligation or tort caused by the Company’s negligence, except in cases of gross negligence.

  3. The Company shall not be liable for any transactions, communications, disputes, or other matters arising between a User and another User or any third party in connection with the Service.

Article 11 (Changes to or Discontinuation of the Service)

The Company may change the content of the Service or discontinue provision of the Service without prior notice to Users and shall not be liable for any damages incurred by Users as a result thereof.

Article 12 (Amendments to These Terms)

The Company may amend these Terms at any time without prior notice to Users if the Company deems such amendment necessary. If a User continues to use the Service after the Terms have been amended, the User shall be deemed to have agreed to the amended Terms.

Article 13 (Handling of Personal Information)

The Company shall appropriately handle personal information obtained through the use of the Service in accordance with the Company’s Privacy Policy.

Article 14 (Notices and Communications)

Notices and communications between Users and the Company shall be made in the manner prescribed by the Company. Unless a User submits a notification of change in accordance with the procedures separately prescribed by the Company, the Company shall deem the currently registered contact information to be valid and shall send notices and communications to such contact information. Such notices and communications shall be deemed to have reached the User at the time they are sent.

Article 15 (Prohibition of Assignment of Rights and Obligations)

Users may not assign or transfer their contractual status under the Service, or any rights or obligations arising under these Terms, to any third party, nor offer them as security, without the Company’s prior written consent.

Article 16 (Governing Law and Jurisdiction)

  1. These Terms shall be governed by and construed in accordance with the laws of Japan. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to the Service.

  2. Any dispute arising out of or in connection with the Service shall be subject to the exclusive jurisdiction of the court having jurisdiction over the location of the Company’s head office as the court of first instance.

End of Terms