TERMS OF SERVICE
The "Terms and Conditions" means the Terms and Conditions set forth below.
The term "Service" means the web service provided by the Company on the website starting from the domain name "https://babesmagnet.com/" or any sub-domain of the domain name shown on the left.
"Products" means products sold through the Service.
"User" means a user of the Service.
"Store" refers to the operator of a mail order site operated under the Service, and such site is referred to as the "Shop Site".
The "Shop" means BABES MAGNET, which provides the Service.
Article 1 Definitions
The "Terms and Conditions" means the Terms and Conditions set forth below.
The term "Service" means the web service provided by the Company on the website starting from the domain name "https://babesmagnet.com/" or any sub-domain of the domain name shown on the left.
"Products" means products sold through the Service.
"User" means a user of the Service.
"Store" refers to the operator of a mail order site operated under the Service, and such site is referred to as the "Shop Site".
The "Shop" means BABES MAGNET, which provides the Service.
Article 2 Application of these Terms and Conditions, etc.
These Terms and Conditions apply to all Users.
Any rules or explanations posted on the Shop Site regarding the use of the Service or the sales contract between the Shop and the User (including those described in the "Notation under the Act on Specified Commercial Transactions"), regardless of their name, constitute a part of these Terms and Conditions. In the event of any discrepancy between such rules, explanations, etc. and these Terms and Conditions, the provisions of these Terms and Conditions shall take precedence over such rules, explanations, etc.
Article 3 Interruption or Suspension of the Services on the Shop Site
The Shop reserves the right to suspend or discontinue all or part of the Service on the Shop Site in any of the following cases.
(1) When it is necessary to inspect or maintain the system urgently
(2) In the event of an accidental shutdown of servers, communication lines, etc.
(3) In the event that the Service cannot be provided due to natural disasters such as earthquakes, lightning, fire, or other force majeure such as war, civil strife, riot, epidemic, etc.
(4) In any other cases where the Shop deems it necessary to suspend or discontinue the Service
Article 4 Termination of the Services on the Shop Site
Our store may terminate the provision of all or part of this service on the store website at any time for its own reasons.
In the case of the preceding paragraph, we will notify the user at least one month prior to the termination of the service by posting a notice on our website or by other means. However, in the event that our store terminates all or part of this service on the store website due to unforeseen or unavoidable reasons, and a one-month notice cannot be given, our store will notify the user as soon as possible.
Article 5. Modification of these Terms and Conditions
We reserve the right to change these Terms and Conditions at our discretion in the following cases.
(1) When the modification of these Terms and Conditions is compatible with the general interest of the User
(2) When the modification of this Terms and Conditions is not contrary to the purpose for which the Agreement was made and is reasonable in light of the necessity of the modification, the reasonableness of the content after the modification, and other circumstances pertaining to the modification.
In modifying this Terms and Conditions pursuant to the preceding paragraph, the Shop shall, at least one month prior to the effective date of the modified Terms and Conditions, notify you of the modification of this Terms and Conditions, We will notify you of the contents of the revised Terms and Conditions and the effective date of the revision by posting the revised Terms and Conditions on the Shop website at least one month prior to the effective date of the revised Terms and Conditions.
We will not be liable for any damages incurred by the user as a result of changes or additions to these Terms and Conditions, whether direct or indirect, foreseeable or unforeseeable.
Article 6 Purchase of Products
The User shall apply to the Shop for the purchase of Products using the Service. A purchase agreement between the User and the Shop is considered to have been concluded when the User clicks the "Place Order" button after confirming the shipping address, order details, etc. entered by the User at the time of application using this Service, and when the User receives an e-mail from the Shop confirming the order details through this Service. Even after a purchase agreement has been concluded, SHOP reserves the right to cancel the purchase agreement in the event of fraudulent or inappropriate conduct by the User in connection with the use of this Service or the SHOP site. Minors and other persons with limited capacity to act may not use the Service or the SHOP site to purchase products without the consent of a legal representative. In principle, changes to the contents of an order or cancellation of an order by the User after the conclusion of a sales contract cannot be accepted. However, this does not apply to returns based on Article 9.2.
Article 7 Change of Registered Information
The Shop shall be sufficient to fulfill its obligations under the Purchase Agreement based on the information entered by the User when purchasing the Product. The Shop shall not be liable for any damages incurred by the User due to errors in the entry of information or changes in the registered information.
Notwithstanding the preceding paragraph, the User shall promptly notify the Shop of any change in all or part of the registration information entered by the User at the time of purchase. However, the preceding paragraph shall apply to transactions that have been completed by the Shop by the time the User notifies the Shop of the change.
Article 8 Method of Payment
The amount to be paid for a product is the total of the selling price shown on the Shop website (including the price applicable to any options, if any), consumption tax, shipping charges, and various fees. You may choose to pay for your purchase by either (1) credit card or (2) cashless payment, unless the Shop specifies a particular payment method in the "Notation Based on the Act on Specified Commercial Transactions". Please check the "Notation based on the Act on Specified Commercial Transactions" of the store each time you purchase a product from the store. When a user pays by credit card, the credit card used must be in the user's name. In the case of payment by credit card, payment is finalized at the time the purchase contract is concluded, but the date of debit of the amount to be paid shall be based on the terms and conditions separately agreed upon by the user and the credit card company. In the event of any dispute between the user and the credit card company as stipulated in the preceding paragraph, the dispute shall be resolved between the user and the credit card company, and the user shall not cause any inconvenience or damage to our store.
Article 9. Product Delivery Time and Returns
The timing of product delivery shall be as specified by the Shop in the "Notation under the Act on Specified Commercial Transactions".
The Shop shall not accept any request from the User to return purchased products unless the products are defective. The method and cost of returning the Product in the event that the Product is defective shall be as specified in the "Notation Based on the Act on Specified Commercial Transactions" posted on the Shop.
Article 10 Handling of Personal Information
The Company and the store will handle users' personal information appropriately in accordance with the "Privacy Policy" separately stipulated by the Company and the store.
Article 11 Prohibited Acts
We prohibit users from performing any of the following acts. ・Any act that infringes or may infringe on the intellectual property rights (copyright, design right, patent right, utility model right, trademark right, industrial property right, etc.) or other rights of other Users, third parties, or our store. ・Any act that infringes or may infringe on the property, credit, or privacy of other users, third parties, or our store. ・Actions that cause or may cause disadvantage to other users, third parties, or our store. ・Acts that defame or slander other users, third parties, or our restaurant, or acts that cause discomfort ・Acts that offend, may offend, or encourage public order and morals ・Actions that violate laws and regulations, criminal actions, or actions that may lead to criminal actions, or actions that aid and abet such actions. ・Any use of the Content obtained through the Service or the Shop outside the scope of the User's personal use. ・Acts of reproducing, selling, publishing, distributing, or disclosing the Contents obtained through the Service or the Shop via a third party, such as another User, and similar acts. ・Any act that interferes with the operation of our store, or damages the reputation or credibility of our company or store. ・Other activities that we deem inappropriate If a user commits any of the acts listed in the preceding paragraphs, the offender shall compensate for any damages (including special damages such as lost profits, and attorney's fees) suffered by our store or the store as a result of such acts.
Article 12 Indemnification
If a user causes damage to a third party when using this service, the user shall bear the burden and responsibility of resolving the issue, and we will not be responsible for any damage. In the event that a user causes damage to a third party due to a violation of these Terms of Use, etc., the user or users concerned shall bear the burden and responsibility of resolving the matter, and we shall not be liable for any loss or damage. We do not guarantee the completeness, accuracy, certainty, usefulness, etc. of the contents of the store website and information obtained by users through the store. We shall not be liable in any of the following cases: ・When there are false or misleading statements in the contents of the products displayed on the store website, and the user suffers damage as a result of such false or misleading statements. ・In the event that the User suffers damage due to defects in the quality, material, function, performance, compatibility with other products, or other defects in the products sold through the Shop. In the following cases, the fulfillment of the Shop's obligation to deliver products is completed upon contacting the contact information registered by the User and bringing and delivering the products to the delivery address specified at the time of purchase, and thereafter the Shop shall assume no responsibility whatsoever: ・In the event that the User fails or refuses to receive the Product. ・If the user is unable to receive the product due to long-term absence without prior notice. ・If the shipping address is unknown. ・In the event that the User is unable to receive the Product due to reasons attributable to the User. The Company shall not be liable to compensate for any damages incurred by users in the use of the Service, such as suspension, interruption, change or termination of the Service on the Shop website by the Shop, or errors in the information posted on the Shop website.
Article 13 Compensation for Damages
In the event that our store is held liable for damages (when applying the Consumer Contract Act or other laws, etc.), our store will only be held liable for direct and ordinary damages (not including special damages such as lost profits or attorney's fees) that actually occurred to the user. The provisions regarding the exemption of our liability in this agreement do not apply when there is intentional or gross negligence on the part of our store. In the event that the provisions in this agreement that exempt or limit our liability are deemed invalid or unenforceable under the Civil Code, Consumer Contract Act, or other laws and regulations, we shall be liable for compensation only for direct and ordinary damages (not including lost profits, legal fees, or other special damages) that actually occur to the user.
Article 14 Copyright and Intellectual Property Rights
Unless otherwise specified, all intellectual property rights, including copyrights, provided through this service belong to a third party to whom we have legitimate rights (hereinafter collectively referred to as "Rights Holder"), and the User may not use them for any purpose other than the use of this service without the permission of the Rights Holder. If a problem arises as a result of a violation of the preceding paragraph, the User shall resolve the problem at his/her own expense and responsibility, and shall not cause any damage or disadvantage to the rights holder. In the event that the rights holder suffers damages, the User shall compensate the rights holder for such damages (including special damages such as lost profits and attorney's fees).
Article 15 Transfer of Rights, etc.
User shall not assign or transfer all or part of his/her rights or obligations related to this Agreement to any third party or dispose of them in any way, such as offering them as security for a third party, without our prior written consent.
Article 16 Exclusion of Antisocial Forces
We prohibit the use of this service by antisocial forces or persons similar to antisocial forces (groups or individuals who pursue economic benefits by using violence, force, or fraudulent methods, etc.; hereinafter referred to as "antisocial forces, etc."). Hereinafter referred to as "Anti-Social Forces") are prohibited from using this service.
If we determine that a user falls under the category of Anti-Social Forces, etc., we may suspend the provision of services to said user.
Our store will not be responsible for any damage or disadvantage caused to the user due to the preceding paragraph.
Article 17 Severability
If any part of the provisions of this Agreement is held by law or court to be illegal, invalid, invalid, or unenforceable, or if any provision of this Agreement is deemed not to have been agreed to, the other provisions of this Agreement shall remain in full force and effect.
Article 18 Governing Law
The laws of Japan shall apply to the interpretation of these Terms and Conditions and to all other matters relating to these Terms and Conditions.
Article 19 Consent Jurisdiction
The Tokyo District Court or the Tokyo Summary Court shall have exclusive jurisdiction over all disputes related to this Agreement.