Term and Condition

These Terms and Conditions of Use (hereinafter referred to as the "Terms and Conditions") These Terms of Use (hereinafter referred to as the "Terms") apply to the Pearlish shopping site (hereinafter referred to as the "Service") operated by Casper Pearl Co. (hereinafter referred to as the "Company"), and the terms and conditions of provision of the shopping site "Pearlish" (hereinafter referred to as the "Service") operated by Casper Pearl Co. (hereinafter referred to as "the Company") and the rights and obligations between the Company and the customer.

You must read these Terms and Conditions in their entirety and agree to be bound by them before using the Service.

 

Article 1 (Application)

  1. The purpose of these Terms of Use is to define the terms and conditions of the Service and the relationship of rights and obligations between the Company and the customer regarding the use of Clients shall use the Service upon acceptance of these Terms of Use.
  2. All rules, guidelines, etc. posted by the Company on the Service regarding use of the Service constitute a part of these Terms of Use.

 

Article 2 (Ordering and Shipping of Products)

  1. You may purchase products from the Company through the Service. If you wish to purchase Products, you shall apply for the purchase of Products in accordance with the method designated by the Company.
  2. A purchase agreement between the customer and the Company shall be deemed to be formed when the Company receives an order for a product from the customer, confirms inventory, delivery date, and other necessary details, and notifies the customer of the confirmation of order processing to the e-mail address entered by the customer.
  3. Delivery of the product shall be made in accordance with the indication based on the Act on Specified Commercial Transactions posted on the Service. However, the customer agrees in advance that the delivery method may be changed or delayed due to incomplete or incorrectly entered order details, transportation reasons such as traffic conditions, year-end and New Year holidays, bad weather, or other circumstances.
  4. Ownership and risk of the Product shall pass to the Customer at the time the Company delivers the Product to the delivery company.
  5. In the event that the customer refuses to accept the goods or is otherwise unable to deliver the goods to the delivery address for reasons attributable to the customer, the Company shall be relieved of its obligation to deliver the relevant goods and shall be entitled to receive from the customer an amount equivalent to the value of the goods.

 

Article 3 (Prohibited Acts)

You shall not engage in any of the following acts

  • Use the Service in a manner that deviates from normal use
  • Interfere in the Company's business
  • Defaming or disgracing the reputation or credibility of the Company
  • Acts that infringe or may infringe trademark rights, copyrights, privacy, or other rights
  • Entering false information when using this service
  • Placing an order using a login ID and password in another person's name
  • Reselling or selling our products on auction sites, etc., or preparing to do so, or placing an order or applying for samples for any other commercial purpose
  • Repeated refusal to receive products without justifiable reason
  • Unauthorized use of credit cards
  • Unauthorized acquisition or use of personal information
  • Transmission or posting of harmful computer programs, etc. to the Service or our e-mail address
  • Attacking the server, system, or security of this site
  • Obtaining multiple user IDs
  • Other acts that the Company deems inappropriate

 

Article 4 (Restriction of Transactions)

  1. The Company may restrict, reject, or suspend transactions if any of the following events occurs
  • If we deem that you have committed any of the prohibited acts described in the preceding article
  • When a credit card payment cannot be made for an application by credit card.
  • When we are unable to contact the customer by telephone, e-mail, or other means of communication notified by the customer
  • In the event that the customer fails to respond to inquiries from the Company regarding the order
  • If the Company determines that repeated returns or exchanges have made it difficult to conduct normal transactions

(4) In any other cases in which the Company deems it inappropriate to continue the transaction.

 

  • If the Company determines that the customer may fall under any of the items in the preceding paragraph, the Company may suspend shipment of the product until it becomes clear that the customer does not fall under any of the items in the preceding paragraph.
  • The Company shall not be liable for any loss or damage incurred by you as a result of the Company's taking the measures described in this Article.

 

Article 5 (Membership Registration)

  1. Customers may purchase products from the Company through the Service without registering as members.
  2. If a customer registers as a member in the manner prescribed by the Service, the customer may use the following functions (a customer who has registered as a member is hereinafter referred to as a "member") (1) Order history
  • Confirmation of order history on "My Page
  • Register and manage delivery addresses
  • Use of other benefits for members (only when the Company provides benefits)
  1. Customers who wish to register as members of the Service must agree to abide by the Terms and Conditions and provide certain information as determined by the Company (hereinafter referred to as "Registration Items") to the Company in the manner prescribed by the Company.
  2.  You may apply to the Company for registration to use the Service by agreeing to comply with the Terms and Conditions and providing the Company with certain information determined by the Company ("Registration Items") in a manner determined by the Company.
  3. The Company shall determine whether or not to register the customer who has applied for registration in accordance with the preceding paragraph (hereinafter referred to as the "Registration Applicant") in accordance with the Company's standards. If the Company approves the registration, it will notify the applicant to that effect. The registration of the applicant as a member shall be completed when the Company has given the notice described in this section.
  • The Company may deny registration or re-registration if any of the following reasons apply to the applicant, and the Company is under no obligation to disclose the reasons for such denial.
  • If the applicant is a non-existent person or organization, etc.
  • If there is any falsehood, error, or omission in all or part of the registration information provided to the Company
  • The applicant is a minor, an adult ward, a person under curatorship, or a person under assistance, and has not obtained the consent of a legal representative, guardian, conservator, or assistant.
  • If the Company determines that the applicant has violated a contract with the Company in the past or is related to such a person.
  • In the event that the applicant has a history of withdrawal from membership in the past.
  • If the applicant is a member of antisocial forces, etc. (meaning crime syndicates, members of crime syndicates, antisocial forces, or other similar groups; the same below. The same shall apply hereinafter) (meaning a person who is a member of a crime syndicate, a crime syndicate, an antisocial force, or any other equivalent), or is involved in any interaction or involvement with antisocial forces, etc., such as cooperating or participating in the maintenance, operation, or management of antisocial forces, etc., through funding or other means.
  • If you have been subjected to any of the measures stipulated in Article 12 (Suspension of Use or Cancellation of Registration)
  • If you have already been registered as a member
  • If the Company deems the registration to be inappropriate for any other reason.
  • If there are any changes to the registered information, the member must notify the Company of such changes without delay in the manner prescribed by the Company. The Company shall not be liable for any damages incurred by the member due to failure to make such changes.

 

Article 6 (Management of Member ID and Password)

  1. Members are responsible for the proper management and storage of their member ID and password for the Service (hereinafter referred to as "member ID, etc."). Member shall be responsible for the proper management and storage of his/her member ID and password for the Service (hereinafter referred to as "member ID, etc."), and shall not allow any third party to use (including, but not limited to, lending, transferring, changing the name of, buying and selling) them. (2) The member shall not allow any third party to use (including, but not limited to, lending, transferring, changing the name of, selling, etc.) the member ID.
  2. The company assumes all responsibility for any and all actions taken using a member ID, etc. and the results of such actions by the member to whom the member's ID, etc. is assigned.
  3. In order to ensure the security of their passwords, members shall take note of the following items at their own risk.
  • Not to use the password registered for this service for other services.
  • Changing passwords within an appropriate period of time.
  1. Members shall be responsible for any damages caused by inadequate management of their member IDs, etc., errors in use, or use by third parties, and the Company shall not be held liable for any such damages.
  2. If a member discovers that his/her member ID, etc. has been used illegally by a third party, the member must immediately report this to the Company.
  3. The Company may unilaterally change a member's member ID, etc. if unauthorized use of the member ID, etc. is discovered or is likely to occur, or if the Company deems it necessary to do so. In such a case, the Company will notify the member of the fact that the member's ID has been changed and the new member ID in the manner prescribed by the Company.



Article 7 (Cancellation of Member Registration)

  1. Members may cancel their own membership registration in the manner prescribed by the company.
  2. Members shall lose all rights to use the service upon cancellation of their membership. However, this does not apply to services that can be used without registration.
  3. If a member owes any debts to the Company upon cancellation of membership, the member will naturally lose the benefit of time with respect to all debts owed to the Company, and must immediately pay all debts to the Company.
  4. The handling of customer information after cancellation of membership shall be in accordance with the provisions of Article 11 (Handling of Customer Information).


Article 8 (Disclaimer of Warranty and Disclaimer of Liability)

  1. The Company makes no warranty that the Service will be suitable for your particular purpose.
  2. The Company shall not be liable for any interruption, suspension, termination, unavailability or modification of the Service by the Company, deletion or loss of messages or information sent by the customer to the Service, deletion of member registration, loss of registered data due to use of the Service, malfunction or damage to equipment, or any other damages suffered by the customer in connection with the Service (hereinafter "Customer Damages"). (hereinafter referred to as "Customer Damage"). The Company shall not be liable for any compensation for damages incurred by the customer in connection with the Service (hereinafter referred to as "Customer Damages"), except in cases of intentional or gross negligence by the Company.
  3. The Company shall not be liable to compensate for damages incurred by the Customer arising from the Service for reasons attributable to the Company, beyond the amount of the consideration for the Product paid by the Customer to the Company in relation to individual transactions for which the Company is found to be in default or in tort, and shall not be liable for incidental damages, indirect damages, special damages, future damages or lost profits. The Company shall not be liable to compensate for incidental, indirect, special, future or lost profit damages.
  4. The Company shall not be liable for any disadvantage incurred by you as a result of delays or non-delivery of communications from the Company or arrival of products due to incomplete information entered by you.
  5. The Company shall not be liable for any transactions, communications, disputes, etc. arising between you and other customers or third parties in connection with the Service, except in cases of intentional or gross negligence on the part of the Company.
  6. Information registered by a customer with the Service may be deleted without prior notice to the customer if it exceeds a predetermined period or volume specified by the Company. In addition, in addition to the provisions of these Terms of Use, if it is necessary for the operation and maintenance of the Service, the Company may delete the information registered by the customer for the Service without prior notice to the customer.
  7. With respect to third-party software used to provide the Service, the Company does not guarantee its safety, accuracy, reliability, usefulness, that such software is not infected with computer viruses, that defects or bugs will be corrected, or any other warranty.
  8. The Company shall not be liable for any failure to deliver orders due to problems on the Internet or for any damages resulting from such failure.
  9. The Company may temporarily suspend provision of the Service without prior notice to customers for any of the following reasons. The Company shall not be liable for any damage incurred by the customer as a result of such suspension.
  • When it is necessary to perform urgent maintenance of the system, server, or other equipment used by the Company, or to respond to a failure of said server or other equipment.
  • When the provision of the Service becomes difficult due to interruption or malfunction of the online system caused by natural disaster, fire, epidemic, power outage, or line failure of telecommunication carriers, etc.
  • When the provision of this Service becomes difficult due to laws and regulations, administrative punishments, etc.
  • When there is an unavoidable need to temporarily suspend or discontinue the Service due to other operational, administrative, or technical reasons.
  • If this Agreement constitutes a consumer contract as defined in the Consumer Contract Act, the provisions of this Agreement that completely exempt the Company from liability for damages shall not apply. In such cases, if the damages suffered by the customer are caused by default or tort by the Company, the Company shall be liable for damages up to the amount of damages directly suffered by the customer. However, this shall not apply in the event of willful misconduct or gross negligence on the part of the Company.

 

Article 9 (Copyrights, etc.)

  1. Copyrights (rights stipulated in Articles 21 through 28 of the Copyright Act) to the website, its constituent images, videos, text, layout, design, etc. used in the Service belong to the Company or to those who have licensed them to the Company.
  2. You may not use any information provided through the Service beyond the scope of copyright restrictions, such as private reproduction as permitted by the Copyright Act, without the Company's permission.

 

Article 10 (Confidentiality)
You shall treat as confidential any non-public information disclosed by the Company to you in connection with the Service, which the Company requires you to treat as confidential, except with the prior written consent of the Company.


Article 11 (Handling of Customer Information)

  1. The Company's handling of your customer information shall be governed by a separate "Privacy Policy," and you agree that the Company shall handle your customer information in accordance with said Privacy Policy.
  2. The Company may, at its discretion, use information, data, etc. provided by the customer to the Company as statistical information in a form that does not identify the individual, and the customer agrees to this.



Article 12 (Suspension of Use and Cancellation of Registration)

  1. The Company may temporarily suspend your use of the Service, or terminate your registration as a member if you are a member, without prior notice or demand, if any of the following events occur
  • If any of the provisions of these Terms of Use are violated
  • If any false information is found in the registration
  • If a member stops making payments or becomes insolvent, or files a petition for the commencement of bankruptcy proceedings, civil rehabilitation proceedings, or other similar proceedings
  • When there has been no use of the Service for more than one year
  • In the event that the Company deems that it is not possible to contact the applicant via his/her registered e-mail address.
  • When any of the items in Article 5, Section 5 applies.
  • When there is a delay or other default in payment of fees related to this service
  • If our company's business is seriously disrupted by long hours of repeated calls or inquiries on the same subject, or by forcing members to do something for which they have no obligation or reason to do so
  • If the Company deems that the use of the Service or registration as a member is inappropriate for any other reason.
  • If any of the events in the preceding paragraph applies, the customer shall naturally lose the benefit of time with respect to all debts owed to the Company, and must immediately pay all debts owed to the Company.
  • The Company shall not be liable for any damages incurred by you as a result of actions taken by the Company pursuant to this Article, except in cases of willful misconduct or gross negligence on the part of the Company.

 

Article 13 (Change of Contents of the Service, Termination)

  1. The Company may change the contents of the Service or terminate the provision of the Service at the Company's convenience.
  2. In the event that the Company changes the contents of the Service or terminates the provision of the Service to the significant detriment of the customer, the Company shall give prior notice to the customer with a reasonable period of time.
  3. The Company shall not be liable for any damages incurred by the customer based on actions taken by the Company in accordance with this Article.



Article 14 (Modification of these Terms of Service, etc.)

  1. The Company may revise the Terms and Conditions without obtaining the user's consent in any of the following cases, and the user shall consent to such revisions without objection.
  • When changes to the Terms of Use are in the general interest of the members.
  • If the modification of the Terms 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 modification, the details of the modification, and other circumstances pertaining to the modification.
  • When the Company revises these Terms and Conditions for the reasons described in the preceding paragraph, the Company shall specify the effective date of the revision and make the following matters known to the public by posting on the Company's website or by other means by the effective date.
  • The fact that these Terms of Use are being revised
  • Details of the revised Terms of Use
  • Effective date
  • Users will be deemed to have agreed to the revised Terms of Service without objection when they use the Service after the revision of the Terms of Service.



Article 15 (Contact and Notification)

  1. Inquiries regarding the Service shall be made via the Company's designated inquiry form, telephone, or e-mail. Please note that the Company will not respond to inquiries made by methods other than those described in the preceding paragraph, such as direct visits to the Company's office or inquiries by fax.
  2. Any communication or notification from the Company to the customer shall be made in the manner prescribed by the Company.



Article 16 (Compensation for Damages)

  1. If you cause any damage to other customers or third parties through your use of the Service, you shall settle the matter at your own responsibility and expense and shall not cause any damage to the Company.
  2. If you cause damages to the Company by any act in violation of these Terms of Use or by any wrongful or illegal act, you shall be liable to compensate the Company for such damages.



Article 17 (Severability)
Even if any provision of these Terms and Conditions or part thereof is determined to be invalid or unenforceable under the Consumer Contract Act or other laws or regulations, the remaining provisions of these Terms and Conditions and the remaining portion of any provision that is determined to be invalid or unenforceable in part shall remain in full force and effect.



Article 18 (Governing Law and Court of Jurisdiction)
These Terms and Conditions shall be governed by and construed in accordance with the laws of Japan. In addition, the parties agree to exclude the application of the United Nations Convention on Contracts for the International Sale of Goods, even if the purchase or sale of goods occurs in the course of the Service.
The Tokyo District Court shall be the exclusive court of first instance for any and all disputes arising out of or in connection with these Terms and Conditions.