"cocoa motors. Official Online Store" Terms of Use
"cocoa motors. Official Online Store" Terms of Use
These terms (hereafter referred to as "these terms") are to stipulate the conditions regarding the use of "cocoa motors. Official Online Store" (hereafter referred to as "this service"), an e-commerce site managed by cocoa motors.Inc. (hereafter referred to as "this company"), and apply to all customers using this service, so please be sure to read them before using it.
The website managed by this company
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Article 1 (Agreement to these terms, etc.)
Customers are expected to use this service in line with these terms, and if they do not agree with these terms, they cannot use this service. Contents stated in contracts and terms of sales separately agreed to between this company and the customer, as well as what is distributed, publicly announced, or published as text by this company (hereafter collectively referred to as "individual terms of use, etc."), with regards to this service will make up a part of these terms between this company and the relevant customer.
With regards to individual terms of use, etc., as long as there are no particular stipulations, at the point in time that the customer starts to use and view this service, a use-of-service contract (hereafter referred to as "contract of use") abiding by these terms' stipulations will be established between the customer and this company.
Article 2 (Amendments and changes made to these terms)
This company can change or add to the contents of these terms at any time based on the judgment of this company. After changes are made, the terms of use will be displayed on the screen when using this service, as well as this company's website (furthermore, if this company's website domain or contents have been changed, this will include the changed domain.), excluding occasions when the company stipulates them separately.
If a customer does not agree with the terms of use after they have been changed, they will immediately stop using this service. If the customer continues to use this service after the terms have been changed, the customer in question will be deemed to have agreed to the amended terms. We ask that customers bear responsibility for themselves and constantly check for the latest contents of these terms before using this service.
Article 3 (Definitions)
In these terms, the definitions of the terminology stated below are taken to be how they are defined below.
"EC member"
This refers to a customer who registered information that this company requested for this service and registered as an EC member by completing the procedure stipulated by this company.
"Registered information"
This refers to information registered by an EC member at the time of registering as an EC member, other information that this company asked the customer to register while using this service, and information that is relevant when the EC member adds to or changes this information.
"Contents"
This refers to information (this includes but is not limited to text, images, videos, audio, music, other sounds, software, programs, codes, and other data) that a customer can access through this service.
"Products"
This refers to products or services that a customer can purchase through this service.
Article 4 (EC member registration)
By agreeing to these terms and providing this company with their registered information, a customer can apply to register as an EC member.
With regards to the application to register as an EC member as stated above, this company will decide whether to accept or reject any application to register based on its individual discretion. Upon receiving a notification from this company stating that it has acknowledged the registration, the registration is complete and the customer will receive the rights and qualifications of an EC member.
The customer must provide true and accurate information when providing registered information. Even if a customer incurs damage or loss due to false, mistaken, or incomplete registered information, this company will not bear any responsibility.
If there is a change in an EC member's registered information, they will promptly notify this company of the changed contents through the method separately stipulated by this company. If this company's notifications fail to arrive due to the customer's negligence in notifying this company, the relevant notifications will be deemed to have arrived at the time that they should normally arrive.
Article 5 (Rejection of registration)
This company might reject a registration if any of the following apply to someone (hereafter referred to as "the applicant") who applied to register based on the first item of the previous article.
If the applicant is a minor, an adult ward, a person subject to a conservatorship, or a person subject to a limited guardianship and did not gain the agreement of their legal representative, guardian, conservator, or limited guardian
If the contents of the registered information provided to this company are false, mistaken, or incomplete
If the applicant was or currently is being suspended from using this service by having their account deleted, etc. with regards to using this service
If judged by this company to be part of organized crime (this means a person who is a member of a crime syndicate, organized crime group, right-wing organization, or other organized crime) or is interacting or involved in organized crime in some way such as supporting, managing, or contributing or involved in the operation of organized crime through the provision of funds and so on
If judged by the company to be inappropriate to register for some other reason
Article 6 (Use by minors)
If a customer who is a minor applies for EC member registration or uses this service to purchase a product, this must be done after gaining the agreement of a legal representative such as a person exercising parental authority. At the point of time that a minor completes the EC member registration, they are deemed to have the agreement of their legal representative regarding the use of this service and terms of use.
If a customer who is a minor lies that they have the agreement of their legal representative despite not having it or lies that they are of age and uses this service or purchases a product, or if they carry out an act of swindling to this company believe that they have the capacity to act, they will not be able to revoke any legal act regarding the use of this service or purchase of products.
If a customer who was a minor at the time of agreeing to these terms uses this service after coming of age, the customer is deemed to have confirmed all legal acts regarding this service.
Article 7 (Account management)
EC members will be responsible for managing their own accounts and must not let them be used by a third party or loan them, transfer them, change the name, sell them, etc.
If this company confirms the match of the relevant account, it will deem that the EC member that is registered as the person who possesses the relevant account used this service.
If it is judged that the account has been fraudulently used or used by a third party, the EC member will notify this company of this immediately and obey this company's instructions.
The EC member will bear responsibility for damage caused by inadequate account management, mistaken use, or use by a third party and this company will not bear any responsibility whatsoever.
Article 8 (Treatment of information regarding customers)
This company appropriately handles registered information and other information gathered from customers regarding the use of this service while abiding by the privacy policy separately stipulated by this company.
Article 9 (Establishment of product purchase contracts)
Customers will order products while abiding by the product purchase procedure stipulated by this company and send information regarding the requirements stipulated by this company regarding the order. As this company ships, delivers, and conducts other procedures for products based on the information sent by the customer, if the information in question is false, mistaken, or incomplete, and the customer incurs damage because of this, this company will not bear any responsibility whatsoever.
At the point in time that a product purchase contract is established between a customer and this company, it is deemed to be in line with the terms of sales stipulated separately by this company.
If it is before the shipping of the product or the sending of the email that it has been shipped, this product can cancel the order in question depending on the inventory, etc. of the product that was ordered. Also, if the product receives orders for multiple products at the same time, the company can cancel the order for each product until each product is shipped out or the customer has received an email regarding its shipment.
Please note that we cannot accept order cancellations from customers as they are built-to-order.
Article 10 (Guest purchases)
Even if a customer does not carry out EC member registration, they can abide by the procedure designated by this service and make use of this service to purchase products (product purchases through such a procedure will hereafter be referred to as "guest purchases"). When making a guest purchase, the customer is deemed to agree to provide information that this company separately requests when they make an order.
The rules regarding product purchases by EC members stipulated in these terms such as in the previous two articles and other separate terms of use, etc. apply to customers making guest purchases.
Article 11 (Payment of product costs, etc.)
If using this service to purchase products, the customer will pay for the cost of the products purchased on this service (hereafter referred to as "product costs") using the payment method designated separately by this company on this service. Furthermore, after completing the order, the customer cannot change the payment method.
Other than if separately stated on this company's website, other than the product costs, the customer will bear the shipping fees, etc. stipulated by this company
Article 12 (Delivery and handing over)
The delivery of products purchased on this service is only to regions to which it is possible to deliver. Other requirements regarding delivery by stated in the terms of sales separately designated by this company.
The number of days required for product delivery is stated on the purchase form. However, the number of days stated on this company's website and in the email might differ from the number of days that is actually required for delivery due to the product's status of arrival or inventory, as well as the region of delivery, weather, traffic situation, or other reasons. Also, if you order multiple products at once, they might not be all shipped out together.
The products that a customer orders are deemed to be completely handed over to them at the point in time that the products are delivered to the address stipulated at the time of order (this holds even if the reception of the product is rejected, the receiver is absent for a long time, or any other reason for which the product is not received).
If the reception of the product is rejected, the receiver is absent for a long time, or the reception of the product in question is not confirmed for any other reason due to the customer's circumstances even when the product that the customer orders is delivered to the address stipulated at the time of order, this company can cancel the order in question and even if damage is incurred by the customer due to this cancellation, this company will not bear responsibility for any damage whatsoever. Furthermore, if this company abides by the above and cancels the order, this company can ask the customer for an amount equivalent to the shipping fee that this delivery cost as a penalty for contract breach.
If the product ordered is damaged or defiled while out for delivery due to an accident or circumstances for which this company is not responsible, the customer will settle this problem with the company that delivered the product in question regarding any damage incurred and acknowledge that this company is not responsible whatsoever.
Despite the above, if this company stipulates requirements regarding separate delivery for each product, the requirements in question will be prioritized.
Article 13 (Ownership and risk-bearing)
Risk-bearing involved in products for which product purchase contracts have been established will be transferred to the customer at the point in time that this company hands the products in question over to the delivery company and ownership is transferred at the point in time that the customer is handed the products in question.
If a cancellation is established based on the terms of sales separately stipulated by this company, ownership and risk-bearing are transferred to this company at the point in time that this company accepts the canceled products in reality.
This company will not bear any responsibility if it is late fulfilling its obligations or unable to fulfill its obligations stated in the product purchase contract due to the following circumstances.
Natural disasters, fires, and explosions
Contagious diseases
War and civil war
Revolutions and division of the country
Orders from a public power
Riots
Strikes and lockouts
System faults, network disturbances, maintenance of systems, power outages, and other circumstances corresponding to the above
Article 14 (Cancellations and refunds)
As this product is built-to-order, cancellations and refunds due to the customer's circumstances cannot be processed.
Article 15 (Product defects, early failures, and so on)
The customer will check that the product that they received matches the contents of their order immediately after receiving the product. If the product received has a defect or early failure due to a cause imputable to the customer, the customers should notify this company through this company's customer desk (support@cocoamotors.com) within 14 days after receiving the product and promptly send the product back to the address stipulated by this company. This company will not refund or exchange the product if it is not contacted in advance, if the relevant period has passed, or if the product has been used. Furthermore, regarding the period of handling the issue after that, they will abide by the contents of the manufacturer's warranty stated in the terms of sales.
If this company receives the above notification, it will check the contents of the notification, inspect the returned product, and check the results of the inspection as well as check for the presence of defects or failures. If it is able to confirm their presence, it will repair or exchange the product, or send the missing parts. Furthermore, in this case, the cost of the shipping fee will be borne by this company.
Even if the product is defective and the customer incurs damage because of that, this company will not bear any responsibility unless this company's intent or gross negligence has been recognized.
This company will not respond to defects or early failures in products purchased from it other than as stated above unless it has stipulated requirements particular to that product.
Article 16 (Warranty)
The contents and period of the warranty for a product purchased by a customer on this service will be decided by the terms of sales separately stipulated by this company.
If this company stipulates requirements separately regarding the warranty of each product, regardless of the above, the requirements in question will be prioritized.
Article 17 (Prohibited acts)
When using this service (the same applies to partner services in this article), customers must not carry out any of the following acts or acts that may fall under the following, either themselves or by having a third party do it for them.
Acts that defy the decrees, decisions, or orders of the law or court, or administrative measures with legal binding force, as well as acts that encourage them
Acts of fraud or menace towards this company or any other third party
Acts that go against social standards or obstruct virtuous customs
Acts that infringe on this company or a third party's intellectual property rights (hereafter used to collectively refer to copyright, patent rights, utility models, trademark rights, design rights, and other intellectual property rights (including the right to obtain those rights or the right to apply for registration regarding their rights) as "intellectual property rights"), rights to the usage of their likeness, privacy, honor, and other rights or profits
Acts that place an excess burden on this service's network or system
Acts of illegally accessing the entire system connected to this service without the right to do so and illegally rewriting or deleting information accumulated in this company's facilities
Acts of using this service to send information or links relevant to the following or relevant as judged by this company to this company, other customers, or other third parties
Information that damages this company's or third party's honor or trustworthiness
Information containing excessively violent or cruel expressions
Information containing computer viruses or other harmful programs
Information containing excessively obscene expressions
Information containing expressions that encourage discrimination
Information containing expressions that encourage suicide or acts of self-harm
Information containing expressions that encourage the inappropriate use of drugs
Information containing antisocial expressions
Information asking to be shared with third parties such as junk mail, spam mail, and chain mail
Information containing illegal solicitations or promotion
Information containing expressions that offend others
Information with the purpose of meeting strangers of the opposite sex
Information of the sort stated above
Acts with the purpose of gathering other customers' information
Acts of pretending to be this company, other customers, or another third party
Acts of using other EC members' accounts
Acts of giving profit to organized crime
Acts defying these terms and this service's intent and purpose
Acts of using this service for resale purposes
Other acts deemed by this company to be inappropriate
Article 18 (EC member resignation)
EC members can resign from this service at any time using the stipulated method. Customers who resign from this service are deemed to agree to the possibility that they will become unable to use part of this service from the point in time at which they resign.
If an EC member has any remaining debt with this company at the time of resignation, with regards to all debt in question, they will naturally lose the profit of the period and must immediately pay off all debt to this company.
If they register as an EC member with this service again after resigning, they will have to carry out the registration procedure again. Even if they carry out the registration period again, the data from before their resignation will not be carried over.
Article 19 (Measures in the event of a violation of terms)
If the following applies to a customer or this company judges that there is a possibility that the following applies to a customer, at this company's discretion, it can temporarily suspend the customer's use of this service, reject applications for product purchase contracts, cancel product purchase contracts, delete the relevant EC member account if the customer in question is an EC member, and carry out other measures that this company prescribes.
If a customer neglects to pay off debt that occurs due to transactions on this service
If a customer violates any of these terms
If there is truth of falsification of registered information provided to this company
If a customer stops paying or is unable to pay, or starts to or starts to carry out bankruptcy procedures, civil rehabilitation procedures, or is alleged to start carrying out other procedures of this sort
If a customer dies or is ruled to commence guardianship, commence curatorship, or commence assistance
If a customer does not respond for more than 30 days to correspondence from this company asking for answers to questions
If a customer has been or is currently being taken action against such with regards to the use of this service, such as the suspension of the use of this service or the deletion of their account
If a customer is a minor, adult ward, person subject to a conservatorship or person subject to a limited guardianship and did not gain the agreement of their legal representative, guardian, conservator, or limited guardian
If the customer is judged by this company to be part of organized crime or is interacting or involved in organized crime in some way such as supporting, managing, or contributing or involved in the operation of organized crime through the provision of funds and so on
If it is deemed necessary by this company for the operation and maintenance of this service
If this company judges that there are other reasons that fall under any of the above
EC members are not exempted from their obligations and debt (this includes but is not limited to debt of restitution) on this contract of use regarding this company and other third parties even after their account is deleted.
This company will not bear any responsibility for the damage incurred by the customer due to the actions of this company based on this article and can possess and use the information provided by the relevant EC member to this company even after the EC member's account has been deleted.
Article 20 (Amendments to these terms)
This company can change or add to the contents of these terms at any time as it sees fit. After changing, the terms of use will, unless stipulated separately by the company, be displayed on this company's website, sent by email, or be made known by some other method.
If a customer continues to use this service even after these terms have changed, the relevant customer is deemed to have agreed to the new terms.
Article 21 (The amendment, suspension, or termination of this service)
This company can change or add to all or part of the contents of this service or the types and specifications of the products that it sells without notifying customers in advance.
This company can terminate the provision and operation of all or part of this service according to its judgment. If this company terminate the provision and operation of all or part of this service according to its judgment, this company will notify customers of this using a method that it deems to be appropriate. However, if it is urgent, it might not notify customers.
If any of the following occurs, this company can temporarily suspend all or part of this service without notifying customers in advance.
If regular or urgent maintenance and repairs of hardware, software, and telecommunication equipment used for this service are being conducted
If there is a concentrated burden on the system due to too many people accessing it or other unforeseeable causes
If it is necessary to secure customers' security
If the service of the telecommunications carrier is not provided
If it is difficult to provide this service due to irresistible forces such as natural disasters
If it is difficult to provide this service due to fire, a power outage, other unforeseen accidents or war, conflict, riots, labor unrest, and so on
If it becomes impossible to operate this service or sell products due to legal measures or measures based on them
If the situation applies to any of the above and this company deems it necessary
This company will not bear any responsibility whatsoever for damage incurred by customers due to measures taken by this company based on this article.
Article 22 (Attribution of rights)
All intellectual property rights related to this service are attributed to this company those who have consented licenses to this company and any consent of use of this service based on these terms do not mean consent to use the intellectual property rights of this company or those who have consented licenses to this company.
The rights related to product images, product explanations, and all other contents on this service are attributed to this company or those who possess the rights to the contents in question.
Customers cannot adapt, edit, or alter the information or contents provided by this service and this company and allow a third party to use it or publicize it without gaining the consent of this company and must not carry out acts (including but not limited to disassembly, decompilation, and reverse engineering) that might infringe on the intellectual property rights of this company or those who have consented licenses to this company for any reason.
There might be trademarks, logos, and service marks (hereafter collectively referred to as "trademarks, etc.") displayed on this service, but this company does not transfer or assign the use of trademarks, etc. whatsoever to customers or any other third parties.
Article 23 (Compensation for damage)
If damage is directly or indirectly incurred by this company due to a customer's act that violates these terms or other use of this service (including situations in which this company is asked to compensate or receives other demands due to this act), the customer must compensate this company for all of the damage (including the cost of hiring experts such as lawyers and the equivalent costs of labor required to respond).
Regarding the damage sustained by a customer regarding the use of this service, if this company bears the responsibility for defaulting on debt or carrying out an illegal act due to negligence (excluding gross negligence), this company will compensate for this with the cost of the product that caused the relevant damage as the upper limit and only for direct and normal damage that occurred to the customer in reality and will not bear responsibility for damage (including situations in which the damage was foreseen) that occurred because of special circumstances.
Article 24 (Disclaimer)
This company does not guarantee that this service or the products purchased by customers using this service suit the customers' specific purposes, that they conform to applicable laws or other regulations, that they possess the functions, value, precision, usefulness, and completeness that customers expect, that the use of this service conforms to laws that apply to the customers or internal regulations of industrial groups, and that there are no flaws, errors, bugs, or defects in terms of security, as well as that it will not violate the rights of a third party.
This company's website might have links that lead to other websites completely separate from this company's website. This company does not guaranty the accuracy, certainty, and trustworthiness of the information on websites that are linked to. Also, regardless of format, links to other sites do not mean that this company is recommending the third party or third party organization's website, products, or services. External contents and links to other sites from this company's website are marked as such, so please use those links at your own risk.
Customers are responsible for using the products that they have purchased and even if the customer suffers a disadvantage due to their use violating laws applicable to them or other regulations, this company will not bear any responsibility whatsoever.
Article 25 (Communication and notifications)
Notification regarding changes in these terms and other communications from this company to the customers regarding this service will be displayed in an appropriate place on this company's website and carried out by sending an electronic mail or using a method deemed appropriate by this company.
If this company sends out a notification through electronic mail, notifications from this company will be deemed to have arrived at when they should normally arrive when the email is sent to the email address that the customer registered.
Inquiries regarding this service and other communications and notifications from a customer to this company will be carried out by sending them to the inquiry form situated in an appropriate place on this company's website or using any other method stipulated by this company.
The customer is deemed to agree to the implementation of procedures deemed necessary from a legal standpoint regarding this company's notifications, disclosure of information, and other communications to the customer by way of displaying on this company's website, electronic mail, or other electromagnetic methods.
Article 26 (Prohibition of transfer of rights and obligations)
Other than in the event that there is prior written consent from this company, customers cannot transfer, pass down, set as collateral, or dispose of in any other way the customers' rights, obligations, or their position with regards to the contract of use based on this contract of use.
Article 27 (Treatment in the event of a transfer of business)
If this company transfers the business involving this service to another company, it can convey to the transferee of the relevant transfer of business its position, rights, and obligations, as well as registered information and other information regarding the customers of this service with regards to this contract of use and customers are deemed to have agreed to this with regards to the transfer. The transfer of business stated in this article includes this company becoming a terminated company, mergers due to this company becoming a split company, and general succession due to the splitting of the company.
Article 28 (Possibility of separation)
Even if any of the clauses in these terms or parts of them are deemed invalid or not executable by the Consumer Contract Act or other laws, the remaining stipulations of these terms and the remaining parts of the stipulations deemed to be partially invalid or not executable will be deemed to still be completely effective. This company and its customers will abide by the intent of the clauses or parts deemed invalid or not executable and strive to be able to secure equivalent effects as well as be deemed to agree to be bound by the amended terms.
Even if any of the clauses in these terms or parts of them are deemed to be invalid or not executable in relation to a certain customer, this will not affect their effectiveness in relation to other customers.
Article 29 (Jurisdiction by agreement)
These terms, the terms of sales, and other contracts concluded in relation to this service are deemed to be interpreted according to the Japanese law and all conflicts or conciliation case related to or caused by this service of these terms will be subject to the exclusive jurisdiction of the Tokyo District Court or Tokyo Summary Court in the first instance, complying with the amount in controversy.
[Created on May 15th, 2020]