These Terms of Use (hereinafter referred to as "these Terms") stipulate the common terms of service for the online shop (hereinafter referred to as "the Service") operated by Fanplus Inc. (hereinafter referred to as "our company"), as well as the rights and obligations of users (defined in Article 1) when using the Service. When using the Service, you must read the entire text of these Terms and agree to these Terms as the content of the contract.
Article 1 Scope of Application of These Terms
These terms apply to all users of the Service. However, in the event that these terms differ from the product details, notices, guidelines, etc. of each online shop of the Service (each shop's terms of use, etc.), the terms of use of each shop shall take precedence. In addition, any matters not specified in these terms or the terms of use of each shop shall be governed by the terms of use, notices, guidelines, etc. posted on other sites operated by our company (hereinafter referred to as "other terms, etc.").
In this agreement, "user" refers to a person who browses this service, purchases products listed on this service, or otherwise uses this service. By using this service, the user is deemed to have agreed to these terms and conditions as the content of the contract.
Article 2: Changes to Terms and Conditions, Acceptance
1. We reserve the right to add to, delete from, modify or otherwise amend these Terms and Conditions at our discretion in the following cases:
1) When the changes to these Terms and Conditions are in the general interest of users.
2) When the change to these Terms and Conditions does not contradict the purpose of the contract and is reasonable in light of the necessity for the change, the appropriateness of the content after the change, the content of the change, and other circumstances related to the change.
2. When making changes to these Terms as described above, the Company shall notify Users by displaying the fact that these Terms are being changed, the content of the changed Terms, and the effective date of the changes on the Service, or by other appropriate means. The changed Terms shall come into effect as of the effective date mentioned above. The changed Terms shall apply to Users who use the Service after the changes to these Terms come into effect.
3. This Service constitutes a "standard transaction" as defined in Article 548-2, Paragraph 1 of the Civil Code, and these Terms and Conditions constitute "standard terms and conditions" as defined in the same paragraph.
Article 3 Use of the Service
1. Users shall use the Service in accordance with these Terms and Conditions and any other terms and conditions set forth by the Company.
2. Users shall be solely responsible for any information they transmit through the Service and shall not cause any inconvenience or damage to the Company.
3. If the user is a minor, the consent or approval of a parent or guardian is required to use this service. If the user registers by himself/herself without the consent or approval of a parent or guardian, he/she will be deemed to have agreed to these terms and conditions.
4. We do not guarantee that the content of the Service will be suitable for all users' environments or will function properly.
5. Access to this service is at the user's own free will, and the user shall bear all responsibility for the use of this service.
Article 4 Membership Registration and Membership Services
1. In order to continuously use this service, there is a membership registration function that stores order information and shipping address information.
In these terms and conditions, "member" refers collectively to a user of the Service who fully understands and accepts the contents of these terms and conditions, agrees to the "Plus member ID and Affiliated Services Terms of Use" (hereinafter referred to as the "Membership Terms") operated by our company, applies for membership registration in accordance with the procedures specified by our company, and has been approved by our company.
2. When placing an order, Members can choose the shipping address and ordering method based on their membership information.
3. Please check the Membership Terms and Conditions and our Privacy Policy for the purpose and scope of use of member registration information.
4. When using this service, some services may allow you to use part of the registration information of other sites as shipping address information. In this case, the registration information will be retained in this service and used within the scope of use of this service.
Article 5: Conclusion of the sales contract
The sales contract between the User (including those who have registered as members under the previous two Articles; the same applies below) and our company (including our affiliated companies; the same applies below) shall be deemed to have been established at the times specified in the following items.
1. The point at which the Company receives the order information from the User. However, if the purchase application information does not reach the Company due to a system failure, the application will not be effective, and the Company shall not be liable for any damage suffered by the User as a result thereof.
2. Users who are minors must obtain the consent and approval of their parents or legal guardians before ordering products.
3. After the sales contract is concluded, the Company may request the payment from the User based on the sales contract concluded between the User and the Company (hereinafter referred to as the "Price") by the payment method specified by the User at the time of ordering, as stipulated in Article 8, Paragraph 1. The settlement between the Company and the User will be completed when the Company receives the payment.
Article 6 Restrictions on Use of the Service
1. We may restrict a user's use of the Service if we determine, at our discretion, that any of the following applies to the user.
1) If you suspect that your Plus member ID is being used by a third party
2) If there is any suspicion that the registration information contains false information
3) If we are unable to contact the user
4) If fraudulent payment usage is suspected
5) If you violate these terms and conditions or if we deem it necessary
2. We shall not be liable for any damages caused to the user as a result of the measures set out in the preceding paragraph.
Article 7 Termination of Contract
1. We may cancel a purchase agreement even after it has been concluded for the following reasons. In that case, we will contact you individually.
1) If the product cannot be delivered due to an unknown delivery address or long-term absence.
2) If it is discovered that the user's personal information contains false information.
3) If you use a forwarding service or similar to determine the delivery destination.
4) If the user fails to pay the fee within the specified period.
5) If you choose to pay by credit card and the credit card company does not approve.
6) If the User does not respond to a request from the Company (via the User's registered email address or other contact information) within two weeks regarding the terms of purchase of the Product (payment of the price, delivery of the Product, and other conditions).
7) If you select deferred payment and the product is shipped, but the user does not receive the product or pay for it after the storage period set by the delivery company has expired.
8) If the manufacturer or supplier discontinues production of the product or is otherwise unable to supply the product.
9) If it becomes impossible to deliver the product due to reasons beyond our control.
2. Notwithstanding the provisions of the preceding paragraph, if there is any fraudulent or inappropriate conduct in relation to the use of the Service, or if there is any suspicion of such conduct, the Company may cancel or terminate the purchase and sale agreement, or take other appropriate measures.
Article 8 Payment Method
1. When purchasing a product, the user may choose from the following payment methods: credit card payment, convenience store payment, or deferred payment.
2. We may add or delete the payment methods set forth in the preceding paragraph.
3. If the credit card company designated by the User notifies the Company of a default on the User's card, the Company reserves the right to request the User to pay the amount by another payment method.
*Please note that the billing source for credit card payments will be "Goods Online Shop."
Article 9: Shipping of Products
1. Our company will deliver the product only to the shipping address designated by the user by a delivery company designated by our company, and will not accept requests to specify a shipping address using a forwarding service, etc. Furthermore, shipping of the product will only be within Japan.
2. In the case of payment at a convenience store, our company will begin arranging for the shipment of the product after confirming the payment of the product price, etc. pursuant to Article 8, Paragraph 1.
3. In the case of payment by credit card, our company will begin arranging for shipment of the product after approval from the credit card company.
4. In the case of deferred payment, our company will begin arranging for shipment of the product after the order has passed the screening of the payment company.
5. If the delivery company specified in paragraph 1 of this article delivers the product to the location specified by the user, but the delivery address is unknown or the user does not receive the product within the storage period specified by the delivery company in the preceding paragraph, the Company shall be deemed to have fulfilled its obligation to deliver the product under the sales contract, and shall be exempt from liability for default towards the user. In this case, the Company shall be deemed to have only to store the product with the same duty of care as it would in its own property, and any additional costs associated with such storage shall be borne by the user.
6. If the User fails to collect the item after a reasonable period of time, the Company may cancel the sales contract in accordance with these Terms and Conditions and claim damages incurred from the User.
7. If a prepaid item, such as a credit card purchase, is returned due to reasons attributable to the user, such as an extended absence, the user will be contacted via the email address registered by the company. However, if the storage period set by the company has expired, the item will be disposed of.
If you wish to have the returned item re-sent, we will do so only within the storage period, however the shipping fee for re-sending the item will be borne by the user (actual cost).
8. If the User is not present on the delivery date and the shipping company takes the product back without delivering it and leaves a "notice of absence", the User must contact the shipping company themselves and make arrangements for redelivery.
9. Normally, we will ship the product within 7 days after confirming your payment. However, in the case of made-to-order products, this does not apply, and the shipping time will be specified on the individual product page.
10. The period until delivery of the product may be extended beyond the period specified in the preceding paragraph for the reasons specified in the following items.
1) If the product is temporarily out of stock.
2) If there is a problem with your application (missing required information, filling in incorrect information, paying too much or too little, etc.).
3) Periods during which delivery is impossible due to force majeure such as weather or natural disasters.
4) If delivery is delayed due to circumstances on the part of the delivery company after the product has been shipped.
5) If the period falls during holidays such as New Year's holidays or Golden Week.
11. The ownership of the product will be transferred from our company to the user upon receipt of the product. However, in the case of payment by credit card, the ownership will be subject to the terms and conditions separately concluded between the user and the credit card company.
12. Users and members must acknowledge in advance that Yamato's mail service, Neco-Plus uses simple packaging and that the delivery company does not provide any guarantee against loss, damage, or other accidents that occur during delivery.
13.Please note that we cannot respond to inquiries or complaints regarding delivery accidents that occur when using Yamato's mail service, Neco-Plus delivery service.
14. We shall not be liable for any direct or indirect damage suffered by the user due to delay in delivery of the product to the user, except in cases where such damage is caused by our intentional or negligent acts.
15. Even if the product is lost or stolen after it has been sent Yamato's mail service, Neco-Plus and has not been delivered after it has been posted in your mailbox, we will not be able to provide a replacement, compensation, or refund.
16. We shall not be liable for any theft, loss, damage or soiling of the Product that occurs after the Product has been delivered to the User by a delivery company designated by us (including delivery by post, deposit in a delivery box or delivery to a designated address), and we will not provide a replacement, compensation or refund.
Article 10 Exchange of Products
1. For all orders, after the purchase and sale contract has been concluded, the User may not change to another product, change the specifications, cancel, or return or exchange the product for reasons of the User's own convenience.
2. After receiving the product, the user must promptly check the product for any damage, defects, or incorrect product, and if there are any defects, must contact the Company within 7 days of receiving the product. If the Company determines that the defect is attributable to the Company, the Company will replace the product with a new product free of charge. The user must keep the product in the same packaging as when it was delivered.
3. In the case of the preceding paragraph, the User shall return the Product to the Company by cash on delivery within the due date using the method separately provided.
4. Our company will not be able to accept exchanges or returns for products that are damaged or defective due to reasons attributable to the user, products that have been used, or cancellations due to the user's convenience.
Article 11 Suspension of Service
In the event of any of the following reasons, the Company may change, add, suspend or discontinue the Service without prior notice to the User or without the User's consent. Furthermore, the Company shall not be liable for any damage suffered by the User as a result of the change, addition, suspension or discontinuation of the Service, except in cases where such damage is attributable to the Company's willful misconduct or negligence.
1) When necessary for regular and emergency maintenance of the system.
2) When system operation becomes difficult due to fire, power outage, interference by a third party, etc.
3) When the service cannot be provided due to a natural disaster.
4) If you violate these terms and conditions and we deem it necessary.
Article 12 Handling of Personal Information
The Company will handle users' personal information in accordance with the "Privacy Policy" separately stipulated.
Article 13 Copyright, etc.
Users may not use or disclose any information, such as copyrighted material, provided through our company beyond the scope of personal use by the user as defined by the Copyright Act without the consent of the rights holder. If a problem arises regarding intellectual property rights, such as copyright, due to a violation of the provisions of this article, the user shall resolve the problem at his/her own expense and responsibility, and shall not cause any inconvenience or damage to our company.
Article 14 Prohibited Matters
Users shall not engage in any of the following acts:
1. Criminal acts, acts contrary to public order and morals, or other acts that violate laws and regulations, or acts that may be likely to do so.
2. Any act that interferes with or may interfere with the operation or business of our company.
3. Any act that damages the credibility of our company or any third party or that causes inconvenience, disadvantage or damage, or that has the potential to do so.
4. Using the Service by misusing personal information of a third party or false information.
5. Any act that violates or may violate these Terms and Conditions and the "Membership Terms" separately stipulated by our company.
6. Any other conduct that the Company deems inappropriate.
Article 15 Other Disclaimers
1. The Service may freely change, delete or add to the structure, contents, web pages and other aspects of the website, and shall not be obligated to revert to the state prior to the change, deletion or addition at the request of the user. The same shall apply to the entire EC system, including programs and databases.
2. The Company shall not be liable for any damage suffered by a user or a third party due to a delay or interruption in the provision of the Service, except in cases where such damage is caused by the Company's intentional or negligent acts.
3. If a user causes damage to another user or a third party through the use of the Service, the user shall resolve the matter at his/her own responsibility and expense and shall not cause any inconvenience or damage to the Company.
4. Notwithstanding the provisions of the preceding paragraphs and these Terms, etc., even if the Company is liable to the User for any reason, the scope of the Company's liability for compensation shall be limited to ordinary and direct damages, with an upper limit of the User's purchase price for the product in the month in which the damage occurred, and the Company shall not be liable for compensation for incidental damages, indirect damages, special damages, future damages, or damages related to lost profits. However, this shall not apply if the User suffers damages due to the Company's willful misconduct or gross negligence.
5. We shall not be liable for any disputes arising in relation to the fulfillment of obligations related to transactions, such as the sale and purchase of goods, conducted between users and third parties through this service, or any other transactions.
Article 16 Agreed Jurisdiction Court, etc.
1. If any problem arises in relation to the use of this Service that cannot be resolved by these Terms and Conditions, the User and the Company shall negotiate in good faith to resolve the problem.
2. In the event that litigation arises in relation to the use of the Service, you agree in advance that the Tokyo District Court shall be the exclusive court of first instance.
3. If the User incurs a debt to the Company due to non-payment of the purchase price or other violation of these Terms and Conditions by the User, and the Company employs an attorney to collect the claim, the User shall also be responsible for reasonable attorney's fees.
Article 17 Governing Law
The interpretation and application of these Terms and Conditions shall be governed by Japanese law.
Article 18 Severability
1. Even if any provision of these Terms is determined to be invalid based on laws and regulations, the other provisions of these Terms shall remain valid.
2. Even if any provision of these Terms is invalid or canceled with respect to a certain user, these Terms shall remain valid with respect to other users.
Revised on February 24, 2023
Revised on June 1, 2023
Revised on March 15, 2024