The Japanese version of Terms shall prevail whenever there is a discrepancy between the English and the Japanese versions.
Blue Ocean Japan Co., Ltd. (hereinafter referred to as “the Company”) hereby determines the following Terms & Conditions of Use (the “Terms”) with respect to the use of the internet shopping site (hereinafter referred to as the “Site” and the services provided by the Company as “the Services”) operated by the Company.
If there are also separate terms and conditions in existence, those separate terms and conditions combine with these Terms to form a single set of terms and conditions. In order to use this site, you must agree to all of these terms and conditions in advance as part of your agreement with the Company. In the event of the existence of individual terms and conditions and any conflict with these Terms, the individual terms and conditions shall prevail, but otherwise these Terms and the individual terms and conditions shall apply simultaneously.
Article 1 (Definitions)
The definitions of expressions used in these Terms shall be as set forth in the following items:
⑴ “Products” shall mean products, rights, and services collectively. Products shall also include electronic products.
⑵ “Site, etc.” shall mean the Site and the Services collectively.
⑶ “Member” shall be the general term for a customer who has registered as a member on the basis of the contents of these Terms in accordance with the methods and procedures prescribed by the Company and who has applied for and purchased products introduced or sold by the Company on the Site, and whose membership has been approved by the Company.
⑷ “Trademarks” means the trademarks, logos and trade names of the Company.
⑸ “Content” means copyrighted works such as text, images, video and audio displayed on the Site.
⑹ “Affiliated company” means a business affiliated company with which the Company has concluded a contract for the provision of the service.
Article 2 (Membership Status)
1. By registering as a member on this site, members can purchase products and use other services provided by the Company to members pursuant to these Terms or individual terms and conditions.
2. Members must not dispose of their membership and the rights acquired through the use of this service, by any means such as by loan, transfer, trade, sale, sub-leasing or pledge.
3. If the Company finds that a member who has completed membership registration falls under one of the following items, it may suspend use of the Site, suspend the use of membership, or remove the name of the member. In such cases, the Company shall not be obliged to disclose any of its reasons for doing so.
⑴ If the member does not actually exist.
⑵ If membership is suspended at the time of registration, or if membership has been removed in the past, for reasons including violation of the Company’s Terms and Conditions.
⑶ If there are false statements, mis-entries or omissions in items declared at the time of registration.
⑷ Failing to make a payment to the Company
⑸ Hindering business performance or technology with respect to the Company or its affiliated companies.
⑹ Any activity hindering or interfering with the use of the Site by other members.
⑺ If a minor registers without the consent of a relative.
⑻ When the Company determines that a member is at risk of causing damage to the Company, its affiliated company, or other third parties.
⑼ When a member has engaged in prohibited conduct as set forth in Article 10.
⑽ If the member has violated any provision of these Terms, individual terms and conditions, or any other provisions set forth by the Company.
⑾ Other cases the Company deems inappropriate.
4. In the event that the Company takes the measures specified in the preceding paragraph because a member falls within any of the items in the preceding paragraph, even if such member suffers damage, unless the damage occurs for reasons for which the Company can be held liable, the Company shall not be held responsible and in addition, no compensation shall be afforded to any member with respect to such measures.
Article 3 (Contracting Relationships with the use of this Site)
1. In accepting a purchase request from a member in the manner prescribed by the Company, a sales agreement shall be deemed to have been concluded between the member and the Company.
2. After making an application to purchase a product, a member may amend or cancel the purchase request until the cancellation period prescribed by the Company has expired. However, some products specifically marked as such on the products page cannot be cancelled after the purchase request is made.
3. Members shall pay the price for products within the time period prescribed by the Company in accordance with the method prescribed by the Company.
4. Members may not assign any rights arising out of the sales agreement with the Company to a third party or take any action, such as making them available for collateral.
5. If a member fails to pay the product price within the time period prescribed by the Company, the Company may terminate the sales contract after sending a notice of cancellation to the contact email address the member has notified to the Company.
6. The Company may terminate the Sale Agreement upon sending a notification of termination to the contact email address the Member has notified to the Company, if any of the following events apply.
⑴ The member is a minor, an adult ward or person under curatorship or assistance who has not obtained consent from a person with parental rights, a guardian, curator or assistant.
⑵ The member has previously violated these Terms or other Company terms and conditions.
⑶ In the event that a member has made a notification to the Company at the time of application, and there is a false, misleading or incomplete entry.
⑷ The member has failed to pay the company.
⑸ When the Company requests a change in the payment method for purchased product as a result of a credit review by the Company, the member is unable to change to the payment method specified by the Company.
⑹ If a member performs any act that causes inconvenience or disadvantage to the Company, other members or other third parties.
⑺ The member has unreasonably and repeatedly returned product or refused receipt of product.
⑻ If the product cannot be secured for reasons such as a lack of stock, a postponement of the product release, discontinuation of the product release, or other reason by the consignor of the product.
⑼ If the Company determines that a member is an anti-social force (meaning gangs, members of gangs, right-wing organizations, anti-social forces, or their equivalents) or is engaged in any kind of interaction or engagement with anti-social forces, such as, in the operation and management of anti-social forces through funding or other means.
⑽ Other cases the Company deems to be inappropriate.
Article 4 (Delivery of Goods)
1. The Company will not install, unpack, or collect packaging materials at the time of shipment, except as otherwise provided by the Company on the Products Page or elsewhere on the Website.
2. Members shall not change the delivery address of goods other than through notification in accordance with the methods prescribed by the Company.
3. Company products will be delivered to our members at the responsibility of the shipping company contracted with us. Matters relating to the delivery shall be in accordance with the terms and conditions set forth by the delivery company.
4. The product stock and delivery information displayed on the product pages of this website are only a guideline, and do not necessarily guarantee that information. Members shall acknowledge in advance that for reasons such as the timing of the order, the timing with respect to updating the contents of the site, the availability of goods or the availability of the supplier or carrier, that the actual situation may differ from the stock information and the delivery date information.
5. In the event that delivery of goods is impossible for reasons including an event such as a natural disaster, the member shall acknowledge in advance that, at its own discretion the Company may cancel the purchase application for goods related to an event such as a natural disaster.
Article 5 (Exchange of Goods, etc.)
1. Only in cases in which any of the following reasons apply a member may request to return a product when an exchange for the same product or for a different product is not possible (hereinafter referred to as “product exchange”). In the event of such product exchange, the Company shall pay the shipping costs for the member to ship the goods to the Company. Provided that, whatever the reason for the request, the goods shall be returned unused, and the member must make the claim for an exchange of goods within 8 days of the arrival of the goods, and the Company must have accepted the claim.
⑴ If the product differs from what was ordered (contractual non-conformity).
⑵ In the event of an accident in transit that results in deformation, damage, or contamination of a product.
⑶ Products are delivered that differ from the products ordered by the member, due to the Company’s negligence (but this does not include products that differ from the subjective intent or subjective expectations of the member).
2. In the event that a return is authorized pursuant to the preceding paragraph, the Company shall refund to members the value of the product at the time as determined by the Company in the manner specified by the Company.
Article 6 (User ID and Password Management)
1. Members shall, at their own risk, properly manage and store the user IDs and passwords necessary for the use of the Services, and shall not allow their use by third parties, lend or assign them, change their name or sell them etc.
2. Members shall be responsible for damage caused by improper management of user IDs and passwords, misuse of user IDs, or use by third parties.
3. If a user ID and password are known to a third party, or if there is any suspicion that a password is being used by a third party, the member shall immediately contact the Company and comply with any instructions provided by the Company.
4. Members shall indemnify the Company or its affiliated companies for loss caused by unauthorized use of passwords, etc.
Article 7 (Matters to be notified)
1. Members shall notify the Company of any change to any matters notified to the Company without delay and in the manner prescribed by the Company.
2. The Company shall notify its members of necessary matters by means of notice on this Website, by e-mail, or otherwise as deemed appropriate by the Company.
3. Notice from the Company shall be deemed to have arrived at the time it should normally reach the Member by sending it to a contact in accordance with notification details registered with the Company. The Company shall not be liable for any loss caused by a failure to change registered items under Paragraph 1.
Article 8 (Provision of information)
Members agree that advertising and banner display will be carried out on all content, including the Web and email. Members also agree in advance that information including product information will be provided by the Company by means including e-mail, fax, and direct mail.
Article 9 (Handling of Personal Information)
1. The Company uses the personal information of its members for the following purposes:
⑴ For the sale of products, rights, services, etc. of the Company and third parties.
⑵ For shipping and delivery of products.
⑶ For billing and accounting purposes.
⑷ to conduct usage reviews.
⑸ For member information management.
⑹ To send email magazines.
⑺ To advertise or promote the Company and third party products etc.
⑻ To notify operational requirements.
⑼ To manage seminars and events.
⑽ To conduct campaigns, contact winners, and deliver freebies, etc.
⑾ To conduct surveys.
⑿ To provide points services and affiliated services.
⒀ To provide support and respond to inquiries regarding products and services etc.
⒁ For marketing activities including face-to-face sales.
⒂ For research statistics analysis of marketing data.
⒃ For the development and improvement of Company products and services.
⒄ For system maintenance and troubleshooting.
⒅ For members who have registered personal information with the Company, the Company will simplify processes such as registration for any other service provided by the Company.
⒆ To carry out commissioned tasks where a company affiliated with the Company is commissioned to handle personal information, etc.
⒇ to exercise rights and perform obligations under contracts and laws, etc.
2. The Company may use, for the purposes set forth in the preceding paragraph, gender, email address, date of birth, credit card information, bank account information, purchase history, family composition, occupation, qualifications of ownership, annual income and other property information, hobbies, preferences, IDs, URLs, IP addresses of a blog or homepage operated by you, information on the website visited and other access logs, complaints, consultation or inquiry information, audio information, facial images, or other information necessary for the provision of services, etc., to identify a particular individual by combining one or more of these pieces of information.
3. In accordance with our Privacy Policy, the company will appropriately protect personal information and will not use any member’s personal information beyond the reasonable purpose for which that personal information has been provided when we accept it. If it is necessary to use it for any other purpose, members will be notified in advance. However, this does not apply if any of the following items apply:
⑴ When the consent of the person is obtained, or when the consent of the person is obtained in advance.
⑵ When it is urgently necessary for the protection of the person’s life, body or property.
⑶ When it is especially necessary to improve public health or promote the healthy development of children, and it is difficult to obtain consent from the person.
⑷ When disclosure is requested by law, etc., or when disclosure is requested in legal procedures such as criminal investigations.
⑸ When inquiries are received from public authorities on a reasonable basis.
⑹ In the event of business succession for reasons such as mergers or business transfers, disclosure is made to the person who will succeed the business.
⑺ When permitted by the Personal Information Protection Act and other laws and regulations.
4. The Company may use cookies when members use this site.
Article 10 (Prohibition)
1. In using the Services a member shall not engage in any action that falls, or is at risk of falling under any of the following items.
⑴ Using this site for unauthorized purposes.
⑵ Infringe intellectual property rights of the Company or its affiliates, such as copyright, trademark rights, design rights, and patent rights or portrait rights and publicity or other rights.
⑶ Any act that infringes the property, privacy, portrait or publicity rights of the Company, its affiliates or other third parties.
⑷ Discriminate, threaten, slander, and defame the Company, its affiliates, or other third parties, regardless of whether they are true or false, or damage its credibility or honour.
⑸ Acts that cause harm or damage to the Company, its affiliates or other third parties.
⑹ Acts of impersonating a third party to use of this site, etc.
⑺ Any action that transmits or provides, or recommends, harmful programs, such as computer viruses.
⑻ The act of falsifying or erasing information that may be used on this site, etc. by the Company, its affiliates, or other third parties.
⑼ Improper use of the facilities of the Company, its affiliates or other third parties or acts to prevent the operation of such operations.
⑽ Acts that interfere with the operation of the Company, including the Services.
⑾ Unauthorized access to the Company’s network or systems, etc., or any other activity that places an excessive load on them.
⑿ Reverse engineering or other analysis of software or other systems provided by the Company.
⒀ Acts that violate laws, ordinances or public order and morals.
⒁ Acts that encourage or imply criminal activity.
⒂ Any action that violates these Terms and other terms and conditions set forth by the Company.
⒃ Collection of information from other users of the Services.
⒄ Any other conduct deemed inappropriate by the Company.
(2) in the event that the Company has suffered any damage as the result of actions falling within the preceding paragraph, the Company may claim from a member compensation for losses incurred by the Company (the labour costs associated with parties engaged in the task of responding, including any other expenses).
Article 11 (Disclaimers)
1. The Company provides no legal guarantee as to the accuracy, completeness, utility, currency, certainty, fitness and operability etc. of the contents of the site etc. and the information members may obtain through the Site. Even if the member suffers damage from such information, the Company shall not be liable unless the reason for the damage is attributable to the Company.
2. The Company gives no guarantee to its members regarding the quality or performance of the Site, etc. In addition, the Company may suspend or discontinue this Site, etc., with regard to its members. The Company will shall not be liable for loss or damage arising out of or in connection with defects, etc., unless such damage to the member results from a cause attributable to the Company.
3. With respect to products purchased by a member from the Company, the Company shall only be liable for any direct loss actually incurred, up to the price of the product sold, if the member suffers loss due to a discrepancy with an order (nonconformity of contract), or if the member suffers damage for reasons attributable to the Company. If a member purchases products from an affiliated company the parties involved in the sales agreement are the affiliated companies, and the Company shall not be liable in any way for products purchased by the member from the affiliated company.
4. The Company gives no guarantee that members will not suffer damage from computer viruses or other harmful programs when using this site.
5. The Company gives no guarantee that any device or software used by members when using this Site will work.
6. The Company shall not bear any communication costs incurred by members using the Site, etc.
7. The Company shall not be liable to any member for any damage incurred by the member arising out of or in connection with the use of the Site, etc.
8. This article provides for all of our responsibilities to members, and except as otherwise provided in these Terms or individual terms and conditions, the Company shall, in no event, compensate for lost profits, indirect damage, special damages, attorneys’ fees or any other damages not provided for in this section.
Article 12 (Interruption or suspension of Services, etc.)
1. The Company may suspend or terminate any part or all of the Services, etc. without prior consent, if any of the following items apply:
⑴ When performing maintenance inspections, updates, or other maintenance on the system.
⑵ In cases of fire, power failure, natural disaster, spread of infectious disease, war, riots, affray, and labour disputes or similar events.
⑶ When the service is difficult to provide, for example, due to systems trouble.
⑷ The required telecommunications carrier services are not provided.
⑸ In other cases, when the Company determines that it is necessary to temporarily interrupt or suspend the Services, etc.
2 Except in cases where a member has suffered damage for reasons attributable to the Company, the Company shall not be liable for any damage incurred by the member as a result of a temporary interruption to or suspension of the provision of the Eervice, etc.
Article 13 (Changes to the Terms)
The Company may change the contents of these Terms by publicly announcing or notifying its members in a manner it deems appropriate, if either of the following items apply, and such changes shall apply from the date of the change.
⑴ When changes to these Terms conform to the interests of the members in general.
⑵ The changes to the Terms do not counter the purpose of the Terms, and the changes are reasonable in the light of the need for change, the appropriateness of the changed content, the content of the changes and other circumstances relating to the changes.
Article 14 (Governing law and agreed jurisdiction)
1. The law governing these Terms shall be the laws of Japan.
2. In the event of a dispute concerning these Terms, the Tokyo Summary Court or the Tokyo District Court shall have exclusive jurisdiction at first instance, depending on the amount of the complaint.
Established June 14, 2021