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オンラインショップ利用規約

Online Shop Terms of Use

biscuit Co., Ltd. (biscuit gallery) (hereinafter referred to as “the Company”) hereby establishes the following Terms of Use (hereinafter referred to as “these Terms”) regarding the use of the online shop and other various services (hereinafter referred to as “the Service”) provided by the website “https://shop.biscuitgallery.com/” (hereinafter referred to as “this Site”) operated by the Company.
We kindly ask that you confirm the contents of these Terms and use this Site and the Service after agreeing to them.

Article 1 (Application of These Terms)
1. These Terms shall apply to all transactions between the Company and users based on this Site and the Service.
2. By using this Site or the Service, users shall be deemed to have agreed to these Terms. If users cannot agree to these Terms, they cannot use this Site and the Service.
Article 2 (Prohibition of Use by Minors)
1. Minors may not use this Site.
2. Users of this Site represent and warrant that they are adults, or if not adults, that they are capable of entering into binding contracts under applicable law.
Article 3 (Use of this Site and the Service)
Users shall use this Site and the Service in accordance with laws, these Terms, and the Privacy Policy, Help, and other matters separately established by the Company.
Article 4 (Formation of Sales Contract)
1. When a user wishes to purchase a product, the user shall apply for the purchase of the product following the method specified on this Site.
2. In connection with the application in the preceding paragraph, after confirming the delivery address, order contents, payment method, etc. entered and registered by the user, the user clicks the button indicating the intention to place an order, and the order is completed when an email confirming the order contents from the Company reaches the user. The payment method decided by the user on the purchase screen cannot be changed after order completion.
3. After order completion, payment shall be made by the payment method separately established by the Company, and the sales contract for the product between the user and the Company shall be concluded when the email notifying the user of product shipment from the Company reaches the user.
Article 5 (Rejection of Applications)
Even when the Company receives an application from a user, the Company may decline the user’s application when any of the following applies:
(1) When there is a violation of these Terms
(2) When there has been a violation of these Terms in the past
(3) When a large volume of orders is placed at one time
(4) When products are excessively returned
(5) When an order is placed while impersonating a third party
(6) When false information is entered on this Site or false information is provided to the Company
(7) When contact cannot be reached at the registered email address
(8) When it becomes clear that payment approval from the credit card company cannot be obtained, when fraudulent use of the credit card is discovered, or when there is suspicion of fraudulent use
(9) When there is conduct that violates public order and morals or other laws, or conduct that has the potential to do so
(10) When the Company determines that the person belongs to an organized crime group, organized crime group member, quasi-member of an organized crime group, organized crime-related enterprise, general meeting operator or other social activist, special intelligence violent organization, or other anti-social force
(11) When the applied artwork has already been sold at a storefront or elsewhere
(12) When the Company rationally determines it necessary to decline the application for other reasons
Article 6 (Payment Method)
1. The payment amount for a product shall be the total of the purchase price of the product including consumption tax and related handling fees.
2. If shipping costs are borne by the Company, they shall be included in the purchase price of the product. If the user bears the shipping costs, the product shall be shipped collect, or the shipping fee listed on the product page shall be paid separately in advance.
3. Payment for products purchased on this Site shall be limited to bank transfer, payment by credit card in the name of the user, or other payment methods separately approved by the Company.
4. In the case of payment of the product price by bank transfer, the Company shall notify the user of the payment deadline, transfer destination account, payment number, and payment method through email or other methods established by the Company.
5. When using credit card payment, please confirm the following:
(1) Users shall pay the product price using a credit card issued by a credit card company approved by the Company.
(2) In the case of credit card payment, the conditions of the separate contract between the user and the credit card company or similar apply.
Article 7 (Late Payment)
If a user does not make a required payment in accordance with these Terms or delays payment, or if the use of a credit card or financial institution account entered on this Site is suspended, or if the Company determines there is a high possibility of not receiving payment for other reasons, the Company may, without notice to the user, terminate the sales contract with the user or take other measures it considers appropriate.
Article 8 (Product Shipment and Delivery)
The Company shall ship products after payment for the product by the user is completed.
Article 9 (Product Shipment and Delivery to Overseas)
When the delivery destination is outside Japan, import tariffs and taxes may be imposed when the product arrives in the user’s country. Please be aware that such additional charges for customs clearance shall be borne by the user.
Article 10 (Completion of Delivery)
Products shall be delivered to the location specified by the user on the purchase application screen, and such delivery shall constitute completion of product delivery.
Article 11 (Order Cancellation)
Order cancellation shall be accepted only during the period from completion of the order until completion of payment for the product by the user. From the time the product is being prepared for shipment until its arrival, orders cannot be cancelled except where there is a reason attributable to the Company.
Article 12 (Product Returns and Exchanges at User’s Request)
The Company does not accept product returns or exchanges at the user’s request, so please be aware of this.
Article 13 (Returns)
1. The Company shall accept product returns only when the product falls under any of the following AND the user contacts the Company within one month of receiving the product:
(1) When the product does not conform to the contract
(2) When a product different from the ordered contents arrives
(3) When it is clear that the product was damaged during shipment
2. Shipping costs necessary for product returns shall be borne by the Company.
Article 14 (Transfer of Ownership)
1. Ownership of the product shall transfer to the user when payment for the product is completed and delivery of the product is completed.
2. Notwithstanding the provisions of the preceding paragraph, when credit card payment is selected, the ownership of the product may be retained by the credit card company under the member agreement established by the credit card company. Please confirm the contents of the credit card company’s member agreement.
Article 15 (Resale Prohibition Period)
When the Company specifies on this Site a period during which resale is prohibited (hereinafter referred to as the “resale prohibition period”), it is prohibited to resell the product to third parties until two years have passed from the day following the completion of delivery by the Company, so please be aware of this.
Article 16 (Sales Price)
1. The displayed price of a product on this Site is the sales price at the time of display.
2. The Company may change the sales price of products as appropriate. The sales price shall not be changed after order completion.
3. The Company makes efforts to display products and their prices accurately. However, if the price displayed on this Site differs from the actual sales price due to human error, the Company may render the sales contract for the product void. In that case, the Company shall promptly inform the user of the actual sales price, confirm the user’s purchase intention, or have the user place a new order, etc.
Article 17 (Disclaimer)
The Company does not warrant the accuracy, completeness, or fitness for a particular purpose of information provided through this Site or the Service, whether express or implied.
Article 18 (Product Characteristics)
The Company makes efforts to display product colors accurately on this Site. However, due to the nature of online display, subtle color nuances displayed on the monitor may depend on the performance of your monitor and may not be fully expressed, so please be aware of this.
Article 19 (Changes to Registration Information)
1. When there are changes to the contents of registered information, users shall promptly make such changes themselves using the Company’s designated method.
2. The Company shall not be responsible for any damage suffered by the registrant or third parties due to the user’s failure to change registration information or errors in such changes.
3. Even if notices from the Company fail to reach the user due to the user’s failure to change registration information or errors in such changes, such notices shall be deemed to have arrived at the time they should normally arrive.
Article 20 (Withdrawal Procedures)
When a user wishes to withdraw from the Service, the user may withdraw by applying to the Company and completing the withdrawal procedures.
Article 21 (Management of ID and Password)
1. Users shall strictly manage the storage, use, and other management of IDs, passwords, and the like at their own responsibility.
2. IDs and passwords held by users shall be used only by the user and shall not be transferred, sold, succeeded, lent, disclosed, or leaked to third parties (including other users).
3. Acts performed using IDs and passwords shall be deemed to have been performed by the user who registered the password. However, this shall not apply when a third party uses the user’s ID and password through the Company’s intent or negligence.
4. When a user discovers that their ID and password are being fraudulently used by a third party, the user shall immediately contact the Company and follow the Company’s instructions.
5. The Company may request the user to submit necessary documents to confirm the use of IDs, passwords, and the like. When the Company requests document submission, the user shall promptly submit the specified documents.
Article 22 (Links to Other Sites)
This Site and the Service may provide links to other websites or resources, or third-party websites or resources may link to this Site. Since linked websites or resources are managed by their respective independent operators, the Company assumes no responsibility for their contents or safety.
Article 23 (Prohibited Conduct)
Users shall not engage in any of the following conduct. If a user violates the prohibited conduct, the Company may suspend the use of this Site or the Service, terminate the sales contract, request compensation for damages, or take other measures it deems appropriate.
(1) When there is a violation of these Terms
(2) When there has been a violation of these Terms in the past
(3) When a large volume of orders is placed at one time
(4) When products are excessively returned
(5) When an order is placed while impersonating a third party
(6) When false information is entered on this Site or false information is provided to the Company
(7) When contact cannot be reached at the registered email address
(8) When it becomes clear that payment approval from the credit card company cannot be obtained, when fraudulent use of the credit card is discovered, or when there is suspicion of fraudulent use
(9) When conduct infringing on the copyright, intellectual property rights, portrait rights, personality rights, privacy rights, publicity rights, or other rights of other users, third parties, or the Company, or conduct that has the potential to do so, is present
(10) When conduct violates public order and morals or other laws, or conduct that has the potential to do so, is present
(11) When there is conduct of uploading computer content such as computer viruses, computer code, files, or programs designed to interfere with, damage, or restrict the functions of computer software, hardware, or communication equipment to this Site, or transmitting them through email or other means
(12) When the Company determines it inappropriate to provide this Site or the Service for other reasons
Article 24 (Suspension and Discontinuation of this Site)
1. The Company shall make every effort to maintain stable operation of this Site, but may suspend or discontinue all or part of this Site without prior notice to users in any of the following cases to keep the Site in good operating condition:
(1) When performing regular or emergency maintenance of the computer system (hereinafter referred to as the “System”) for providing this Site
(2) When system operation becomes difficult due to natural disasters such as fire, earthquake, typhoon, flood, lightning, or heavy snow
(3) When system operation becomes difficult due to social unrest such as war, civil unrest, terrorism, or rioting
(4) When system operation becomes difficult due to system failures, unauthorized access from third parties, computer virus infection, etc.
(5) When requested by an administrative or judicial body on reasonable grounds
(6) When the Company determines discontinuation or suspension of the System is necessary for other reasons
2. The Company may suspend or discontinue all or part of this Site by notifying users in advance at any time.
Article 25 (Handling of Personal Information)
The Company shall appropriately handle personal information of users acquired by the Company in accordance with the Privacy Policy separately established by the Company.
Article 26 (Scope of Responsibility)
Regarding use of this Site or the Service, if damage occurs to a user due to the Company’s intent or gross negligence, the Company shall compensate the user for ordinary damages directly suffered, up to the amount of the product price.
Article 27 (Consumer Contract Act)
1. When these Terms constitute a consumer contract under the Consumer Contract Act (Act No. 61 of 2000), the provisions of these Terms that completely exempt the Company from liability for damages shall not apply.
2. In the case of the preceding paragraph, if damage to the user is based on the Company’s breach of obligation or tort, the Company shall compensate the user for ordinary damages directly suffered, up to the amount of the product price. However, if the Company has intent or gross negligence, liability limitations shall not apply.
Article 28 (Attribution of Copyright and Other Rights)
1. Copyright, intellectual property rights, and other property rights (hereinafter referred to as “Content”) in text, images, programs, software, and other items on this Site and the Service are attributed to the Company or third parties who are rights holders.
2. Except as otherwise provided in these Terms, users may not use Content without obtaining permission from the Company or rights holders.
Article 29 (Contact Methods)
1. Contact from the Company to users regarding this Site or the Service shall be made through posting on this Site, email, or other methods the Company deems appropriate.
2. The Company may provide notice by sending email to the email address in the user’s current registration information.
3. When the Company provides notice by email, the Company sends email to the email address in the preceding paragraph, and notice from the Company shall be deemed to have reached the user at whichever is earlier of when the user becomes able to view the email or 24 hours after the Company sends the email.
Article 30 (Force Majeure)
The Company shall not be responsible for direct or indirect damage suffered by users in the following cases, even if this Site or the Service is temporarily suspended or altered or the Company’s obligations are delayed in fulfillment:
(1) When natural disasters such as fire, earthquake, typhoon, flood, lightning, or heavy snow occur
(2) When an infectious disease spreads or measures for infection prevention or avoidance become necessary as a result
(3) When war, civil unrest, terrorism, rioting, or disturbance occurs
(4) When the Company cannot receive appropriate service from the telephone company, transportation company, or provider with which it contracts
(5) When a cause arises that the Company is technically unable to address
(6) When force majeure events occur without attribution to the Company for other reasons
Article 31 (Restrictions on Transfer)
Users shall not transfer, succeed, or dispose of their position under these Terms and rights and obligations to the Company based on these Terms to third parties without obtaining the Company’s prior written consent.
Article 32 (Business Transfer)
When the Company transfers its business related to this Site or the Service to another company, the Company may transfer its position under these Terms of Use, rights and obligations based on these Terms, users’ registration information, and other customer information to the transferee of the business transfer, and users agree to such transfer.
Article 33 (Severability)
Even if any provision of these Terms or part thereof is determined to be invalid or unenforceable under the Consumer Contract Act or other laws, the remaining provisions of these Terms and the remaining portion of the provision determined to be invalid or unenforceable shall continue to be fully effective.
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