Terms of service

These Terms of Service (hereinafter referred to as "these Terms") establish the conditions for using the shopping site "Pearlish" (hereinafter referred to as "the Service") operated by Kaspar Pearl Co. Ltd. (hereinafter referred to as "the Company"). These Terms also define the rights and obligations between the Company and the customer.

Before using the Service, you must read and agree to the entirety of these Terms.

Article 1 (Application)

These Terms aim to define the rights and obligations between the Company and the customer regarding the conditions for providing the Service and its use. These Terms apply to all relationships between the customer and the Company in connection with the use of the Service. By using the Service, customers agree to these Terms. Any rules, guidelines, etc., related to the use of the Service, which the Company publishes on the Service, form part of these Terms.

Article 2 (Product Orders and Shipping)

Customers can purchase products from the Company through the Service. If you wish to purchase a product, you must follow the procedures specified by the Company and apply to purchase the product. A sales contract between the customer and the Company is established when the Company confirms the customer's order, verifies necessary details such as stock and delivery dates, and the order confirmation notice reaches the email address provided by the customer. Product delivery will be conducted in accordance with the information provided on the Service under the Act on Specified Commercial Transactions. However, customers acknowledge that there may be changes or delays in delivery methods due to factors such as incomplete or incorrect order details, traffic conditions, year-end and New Year holidays, adverse weather conditions, or other circumstances. Ownership and risk of the product transfer to the customer when the Company hands the product over to the shipping carrier. If the customer refuses to receive the product or the product cannot be delivered due to the customer's circumstances, the Company is released from its obligation to deliver the product and may charge the customer the equivalent amount of the product.

Article 3 (Prohibited Acts)

Customers are prohibited from engaging in the following actions:

• Using the Service in a manner that deviates from normal use
• Interfering with the Company's business operations
• Defaming or damaging the Company's reputation or credibility
• Infringing on the trademarks, copyrights, privacy, or other rights of the Company or others, or engaging in actions that may cause such infringement
• Providing false information when using the Service
• Placing orders using the login ID and password of another person
• Reselling the Company's products, listing them for sale on auction sites, or placing orders or requesting samples for commercial purposes
• Repeatedly refusing to receive products without a valid reason
• Fraudulent use of credit cards
• Illegally acquiring or using personal information
• Transmitting or uploading harmful computer programs to the Service or the Company's email addresses
• Attacking the servers, systems, or security of the Service
• Acquiring multiple user IDs
• Any other actions deemed inappropriate by the Company

Article 4 (Transaction Restrictions)

The Company may restrict, refuse, or suspend transactions if any of the following apply:

• If the Company determines that a prohibited act as defined in the previous article has occurred
• If a credit card payment cannot be processed for an order
• If the Company is unable to contact the customer via the phone number or email provided
• If the customer does not respond to inquiries related to the order
• If the Company determines that normal transactions are difficult due to repeated returns or exchanges
• If the Company deems it inappropriate to continue the transaction for any other reason

If the Company determines that any of the above may apply, it may withhold product shipment until it is clear that none of the conditions apply. The Company is not responsible for any damages incurred by the customer as a result of such measures.

Article 5 (Membership Registration)

Customers can purchase products from the Company through the Service without registering as members. Customers who register as members using the prescribed method (hereinafter referred to as "Members") can access the following features:

• Viewing order history on My Page
• Registering and managing delivery addresses
• Accessing other member-only benefits (if provided by the Company)

Customers who wish to register as Members must agree to these Terms, provide the necessary information (hereinafter referred to as "Registration Information"), and apply for membership registration by submitting the required information to the Company using the prescribed method. The Company will determine whether to accept the registration application based on its criteria and notify the applicant if registration is accepted. Membership registration is completed when the Company issues this notification. The Company may refuse registration or re-registration if any of the following apply, and is not obligated to disclose the reasons:

• If the applicant is a fictitious person or entity
• If there are falsehoods, errors, or omissions in the Registration Information provided
• If the applicant is a minor, ward under guardianship, or person under assistance, and has not obtained the necessary consent from a legal representative, guardian, or assistant
• If the applicant has violated a contract with the Company in the past or is associated with someone who has
• If the applicant has previously been deregistered
• If the Company determines that the applicant is associated with antisocial forces (e.g., organized crime groups) or is involved in supporting or maintaining such forces
• If the applicant has been subject to measures under Article 12 (Suspension of Use and Deregistration)
• If the applicant is already registered as a Member
• If the Company deems the registration inappropriate for any other reason

Members must promptly notify the Company of any changes to their Registration Information using the prescribed method. The Company is not responsible for any damages incurred by Members due to failure to update their information.

Article 6 (Management of Member IDs and Passwords)

Members are responsible for appropriately managing and safeguarding their Member IDs and passwords (hereinafter referred to as "Member Credentials") associated with the Service. Members must not allow third parties to use their Member Credentials (including but not limited to lending, transferring, changing ownership, or selling). The Company will regard all actions and their results carried out using the Member Credentials as actions taken by the Member assigned to those credentials, and the Member is fully responsible for them. To ensure password security, Members must:

• Not use the same password for other services
• Change their password periodically

Members are responsible for any damages caused by insufficient management, misuse, or third-party use of their Member Credentials. The Company is not liable for such damages. If a Member discovers that their Member Credentials have been fraudulently used by a third party, they must immediately report it to the Company. The Company may unilaterally change a Member's credentials if unauthorized use is discovered or suspected, or if deemed necessary by the Company. In such cases, the Company will notify the Member of the change using the prescribed method.

Article 7 (Deregistration of Membership)

Members may cancel their membership registration by following the prescribed method. Upon deregistration, Members will lose all rights related to the use of the Service. However, this does not apply to services that can be used without membership registration. If the Member has any outstanding debts to the Company at the time of deregistration, they must immediately pay all amounts due. The handling of customer information after deregistration will be in accordance with Article 11 (Handling of Customer Information).

Article 8 (Disclaimer and Limitation of Liability)

The Company does not guarantee that the Service will meet the specific purposes of the customer. The Company is not liable for any damages incurred by the customer as a result of service interruptions, suspensions, terminations, unavailability, or changes, deletion or loss of messages or information transmitted by the customer, deregistration, loss of registered data, equipment failure, or other damages related to the use of the Service, except in cases of intentional or gross negligence by the Company. The Company’s liability for damages incurred by the customer due to causes attributable to the Company in connection with the Service is limited to the amount paid by the customer to the Company for the relevant product. The Company is not liable for incidental, indirect, special, future, or lost profits damages. The Company is not responsible for delays or failures in communication or delivery caused by incomplete or incorrect information provided by the customer. The Company is not responsible for any disputes, communications, or conflicts that arise between customers or between customers and third parties in connection with the Service, except in cases of intentional or gross negligence by the Company. The Company may delete customer-registered information without prior notice if it exceeds the prescribed period or amount, or if necessary for the operation or maintenance of the Service. The Company does not guarantee the safety, accuracy, reliability, usefulness, or absence of viruses or bugs in third-party software used in providing the Service. The Company is not responsible for damages caused by internet-related issues, such as order non-receipt. The Company may temporarily suspend the provision of the Service without prior notice to customers if:

• Urgent maintenance or repairs are needed for the systems or servers used by the Company
• Service provision becomes difficult due to natural disasters, fires, epidemics, power outages, or telecommunications line disruptions
• Service provision becomes difficult due to legal or administrative actions
• Other unavoidable operational, management, or technical reasons arise

Even if the Company temporarily suspends the Service under these conditions, the Company is not liable for any resulting damages.

If these Terms constitute a consumer contract under the Consumer Contract Act, any provisions that completely exempt the Company from liability for damages will not apply. In such cases, the Company’s liability for damages will be limited to direct damages caused by the Company's default or tort, except in cases of intentional or gross negligence.

Article 9 (Intellectual Property Rights)

The copyrights (as defined in Articles 21 through 28 of the Copyright Act) related to the websites, images, videos, text, layouts, and designs used in the Service belong to the Company or its licensors. Customers may not use any information provided through the Service beyond the scope of private copying allowed by copyright law without the Company's permission.

Article 10 (Confidentiality)

Customers must keep confidential any non-public information disclosed by the Company in connection with the Service and requested to be treated as confidential unless the Company provides prior written consent.

Article 11 (Handling of Customer Information)

The handling of customer information by the Company is governed by the separate Privacy Policy. Customers agree that their information will be handled in accordance with this Privacy Policy. The Company may use information or data provided by customers as statistical information in a form that does not identify individuals, at its discretion, and customers agree to this.

Article 12 (Suspension of Use and Deregistration)

The Company may temporarily suspend the use of the Service or deregister a Member without prior notice or warning if:

• The customer violates any provision of these Terms
• The Company discovers that the Registration Information contains false information
• The customer stops payments, becomes insolvent, or files for bankruptcy or similar proceedings
• The customer has not used the Service for over a year
• The Company determines that it is unable to contact the customer using the registered email address
• The customer falls under any of the provisions of Article 5, Paragraph 5
• The customer delays or fails to make payments related to the Service
• The customer repeatedly makes long calls, sends repetitive inquiries, or otherwise disrupts the Company’s business significantly
• The Company determines that continued use or registration is inappropriate for any other reason

If any of the above apply, the customer will lose the benefit of any term and must immediately pay all amounts due to the Company. The Company is not liable for any damages incurred by the customer due to actions taken under this Article, except in cases of intentional or gross negligence by the Company.

Article 13 (Changes and Termination of the Service)

The Company may change or terminate the Service at its convenience. If the change or termination causes significant disadvantages to the customer, the Company will provide reasonable advance notice. The Company is not liable for any damages incurred by the customer as a result of actions taken under this Article.

Article 14 (Amendment of These Terms)

The Company may revise these Terms without obtaining the customer's consent if:

• The amendment is in the general interest of the Members
• The amendment is reasonable in light of the necessity of the change, the content of the change, and other circumstances

When revising these Terms, the Company will determine the effective date, notify customers by posting on the Company’s website or other means, and inform them of the details of the amendment. Customers are deemed to have agreed to the revised Terms by continuing to use the Service after the revision.

Article 15 (Communications and Notifications)

Inquiries regarding the Service must be made via the contact form, telephone, or email as specified by the Company. Please note that inquiries made through methods other than those specified above, such as visiting the Company in person or sending a fax, will not be accepted. The Company will communicate or notify customers using methods determined by the Company.

Article 16 (Compensation for Damages)

If a customer causes damage to other customers or third parties through the use of the Service, the customer must resolve it at their own responsibility and expense, without causing any harm to the Company. If a customer causes damage to the Company through actions that violate these Terms or fraudulent or illegal activities, the customer is liable for compensating the Company for such damage.

Article 17 (Severability)

Even if any provision of these Terms or a part thereof is found to be invalid or unenforceable under the Consumer Contract Act or other laws, the remaining provisions and the remainder of the provision deemed invalid or unenforceable will continue to be in full effect.

Article 18 (Governing Law and Jurisdiction)

These Terms are governed by Japanese law. Even if the sale of goods occurs under the Service, the application of the United Nations Convention on Contracts for the International Sale of Goods is excluded by agreement.

All disputes arising from or related to these Terms will be subject to the exclusive jurisdiction of the Tokyo District Court as the court of first instance.