Terms

This is a reference translation. The Japanese text is authoritative, and Japanese law governs these terms.

These Terms of Service (the “Terms”) set out the conditions on which BIVALABO Inc. (the “Company”) provides the online shop on this website (the “Service”). Registered users (“Users”) use the Service in accordance with these Terms.

Article 1 (Application)

1. These Terms apply to all relations between Users and the Company concerning use of the Service.
2. In addition to these Terms, the Company may set out rules of use and other provisions (“Separate Provisions”). Whatever they are called, they form part of these Terms.
3. Where these Terms conflict with Separate Provisions, the Separate Provisions prevail unless they state otherwise.

Article 2 (Registration)

1. Registration is complete when an applicant agrees to these Terms, applies in the manner the Company specifies, and the Company notifies the applicant of its approval.
2. The Company may decline an application where it judges any of the following to apply, and is under no obligation to disclose its reasons.
   1. The application contains false information.
   2. The applicant has previously breached these Terms.
   3. The Company otherwise judges registration to be inappropriate.

Article 3 (User ID and password)

1. Users are responsible for managing their own user ID and password.
2. Users may not under any circumstances transfer, lend or share a user ID and password with a third party. Where a login matches the registered combination of user ID and password, the Company treats it as use by the registered User.
3. Except where the Company is wilfully or grossly negligent, the Company is not liable for loss arising from use of a user ID and password by a third party.

Article 4 (Contract of sale)

1. A contract of sale is formed when a User applies to purchase and the Company notifies the User that it accepts. Title to the goods passes to the User when the Company hands them to the carrier.
2. The Company may terminate the contract without prior notice where any of the following applies.
   1. The User has breached these Terms.
   2. Delivery cannot be completed because the address is unknown or the User is absent for a long period.
   3. The Company otherwise judges that the relationship of trust has been damaged.
3. Payment, delivery, cancellation and returns are handled in the manner the Company separately specifies.

Article 5 (Intellectual property)

Copyright and other intellectual property rights in product photographs and other content provided through the Service belong to the Company and to the rightful holders. Users may not reproduce, republish, alter or otherwise make secondary use of them without permission.

Article 6 (Prohibited conduct)

Users must not do any of the following when using the Service.

1. Anything unlawful or contrary to public order and morals
2. Anything connected with criminal conduct
3. Infringing copyright, trademarks or other intellectual property rights in the Service
4. Damaging or interfering with the Company’s servers or network
5. Using information obtained through the Service commercially
6. Anything liable to interfere with the operation of the Service
7. Unauthorised access, or attempting it
8. Collecting or storing personal information about other Users
9. Impersonating another User
10. Providing benefit, directly or indirectly, to anti-social forces in connection with the Service
11. Anything else the Company judges inappropriate

Article 7 (Suspension of the Service)

1. The Company may suspend or interrupt all or part of the Service without prior notice where it judges any of the following to apply.
   1. Maintenance or updating of the computer systems behind the Service
   2. Force majeure such as earthquake, lightning, fire, power failure or natural disaster making provision difficult
   3. Failure of computers or communication lines
   4. The Company otherwise judges provision to be difficult
2. The Company is not liable, for any reason, for disadvantage or loss suffered by a User or a third party as a result of suspension or interruption.

Article 8 (Restriction and cancellation of registration)

1. The Company may restrict use of all or part of the Service, or cancel registration, without prior notice where any of the following applies.
   1. Breach of any provision of these Terms
   2. Registered details are found to be false
   3. The credit card registered for payment is suspended
   4. Failure to pay amounts due
   5. No response to contact from the Company for a certain period
   6. No use of the Service for a certain period
   7. The Company otherwise judges use of the Service to be inappropriate
2. The Company is not liable for loss suffered by a User as a result of action taken under this Article.

Article 9 (Withdrawal)

Users may withdraw from the Service by the prescribed procedure.

Article 10 (Disclaimer)

1. The Company does not warrant that the Service is free of defects in fact or in law, including as to safety, reliability, accuracy, completeness, effectiveness, fitness for a particular purpose, security, errors, bugs or infringement of rights.
2. The Company is not liable for any loss arising to a User through the Service. This exclusion does not apply where the contract between the Company and the User is a consumer contract under the Consumer Contract Act; even then, the Company is not liable for loss arising from special circumstances (including where the Company or the User foresaw or could have foreseen it) caused by the Company’s negligence, excluding gross negligence, in breach of obligation or by tort.
3. The Company is not liable for transactions, communications or disputes arising between a User and another User or a third party in connection with the Service.

Article 11 (Changes to the Service)

The Company may change the content of the Service or cease providing it without notifying Users, and is not liable for loss arising to Users as a result.

Article 12 (Changes to these Terms)

The Company may change these Terms at any time without notifying Users where it judges this necessary. Where a User begins using the Service after a change, that User is deemed to have agreed to the changed Terms.

Article 13 (Personal information)

The Company handles personal information obtained through use of the Service properly and in accordance with its Privacy Policy.

Article 14 (Notices)

Notices between Users and the Company are given in the manner the Company specifies. Unless a User notifies a change in the manner the Company separately specifies, the Company treats the contact details currently registered as valid and sends notices there; such notices are deemed to reach the User when sent.

Article 15 (No assignment)

Users may not assign to a third party, or offer as security, their position under the contract of use or any right or obligation under these Terms, without the Company’s prior written consent.

Article 16 (Governing law and jurisdiction)

1. These Terms are governed by and construed in accordance with Japanese law. The United Nations Convention on Contracts for the International Sale of Goods does not apply to the Service.
2. Any dispute concerning the Service is subject to the exclusive jurisdiction of the court having jurisdiction over the location of the Company’s head office.

BIVALABO Inc.
294-1 Mitsukuchimachi-Hi, Kanazawa, Ishikawa 920-0018, Japan
Email: info@inspice.jp
Telephone: +81-76-254-6024