"Shizendo" (hereinafter referred to as "this site") is operated by Hori Metal Leaf & Powder Co., Ltd. (hereinafter referred to as "the Company"). Before using this site, please read the following Shizendo Terms of Use (hereinafter referred to as "these Terms") carefully. These Terms stipulate the conditions for using this site and the rights and obligations between the Company and all users. When using this site, you must read the entire text of these Terms and agree to them.
Article 1 Application of the Terms
These Terms shall apply to all users who use this site operated by the Company, and users shall use this site after agreeing to these Terms.
If the Company presents various cautions, etc. (hereinafter referred to as "Cautions, etc.") on this site, the Cautions, etc. shall each constitute a part of these Terms. If the content of these Terms differs from the Cautions, etc., or other explanations outside of these Terms, the provisions of these Terms shall take precedence.
Even if any provision or part thereof in these Terms or other terms of use, etc. (including various policies such as the Privacy Policy; the same shall apply hereinafter) is determined to be invalid or unenforceable due to the Consumer Contract Act or other laws and regulations, the remaining provisions of these Terms and the remaining part of the provision determined to be invalid or unenforceable shall continue to have full force and effect.
Even if a part of the provisions of these Terms or other terms of use, etc. is invalid or revoked in relation to a certain user, these Terms or other terms of use, etc. shall remain valid in relation to other users.
Article 2 Changes to the Terms
The Company may change the content of these Terms, guidelines, etc. if it deems necessary. When changing these Terms, the Company shall make the effective date and content of the revised Terms known by posting them on the Company's website or by other appropriate means. However, in the case of changes that require the user's consent under the law, the Company shall obtain the user's consent by the method prescribed by the Company.
Article 3 Copyrights, etc.
Users shall not use any content provided through this site beyond the scope of private use by the individual user as stipulated in the Copyright Act without the prior consent of the Company.
If a dispute arises in violation of the provisions of this Article, the user shall resolve the dispute at their own expense and responsibility, and shall not cause any damage to the Company or a third party.
Article 4 Preparation of the Usage Environment
Users shall, at their own responsibility and expense, prepare communication devices, software, public lines, etc. (hereinafter referred to as "Communication Facilities, etc.") in order to use this site.
Users shall maintain and manage the Communication Facilities, etc. at their own responsibility so as not to hinder the use of this site. Furthermore, users shall manage and bear all costs related to connecting to this site that arise with telecommunications carriers when using this site, at their own responsibility.
Article 5 Prohibited Acts of Users
Users shall not perform the following acts in relation to the use of this site:
Using the services provided by the Company on this site for fraudulent purposes.
Infringing the copyrights, portrait rights, or other intellectual property rights of other users or third parties.
Discriminating against, slandering, defaming, threatening, or infringing upon the privacy, human rights, etc. of other users or third parties.
Political activities, election activities, or religious activities.
Acts that damage the Company's honor or credibility, or undermine trust.
Acts that interfere with the operation of this site.
Acts of using the site for commercial purposes (except when approved by the Company).
Other acts that violate laws, regulations, or public order and morals, or acts that may lead to such violations.
Other acts that the Company deems inappropriate or unsuitable.
If the acts listed in the preceding paragraph cause damage to the Company or a third party, the user shall bear all legal responsibility and shall not cause damage to the Company or a third party.
If the Company reasonably determines that a user has performed the acts listed in the preceding two paragraphs, the Company may suspend the use of this site without prior notice. In this case, the Company shall not be liable for any disadvantage or damage incurred by the user.
If damage has occurred to the Company due to the user's actions, the Company may claim compensation for damages against the user, regardless of whether the Company has taken the measures set forth in the preceding paragraph.
Article 6 Temporary Suspension, Discontinuation, Modification, Termination, etc. of this Site
The Company may temporarily suspend the provision of all or part of the services without prior notice to the user if any of the following events occur:
When performing periodic or emergency maintenance, etc. of the service facilities.
When dealing with failures, etc. of the service facilities.
When the Company determines that the provision of the services is impossible due to a disaster such as an earthquake, fire, eruption, tsunami, flood, or other wind and flood damage, power outage, war, incident, riot, terrorist act, labor dispute, demonstration, or other acts of a third party.
In addition to the preceding items, when the Company determines that a temporary suspension of the services is necessary for the operation or technical reasons of the services.
The Company may terminate all or part of the services without prior notice to the user if the Company deems it necessary.
The Company may change all or part of the services at any time at its discretion.
The Company shall not be liable for any damage or disadvantage incurred by the user due to the temporary suspension, discontinuation, modification, or termination of the services under the preceding paragraphs.
Article 7 Handling of Personal Information
The handling of personal information acquired by the Company from users (hereinafter referred to as "Personal Information") shall be governed by the Company's "Privacy Policy" (https://shizendou.myshopify.com/policies/privacy-policy) and "Cookie Policy" (http:) (collectively referred to as "Personal Information Protection Policy, etc.").
Users shall consent in advance to the content stipulated by the Company in the Personal Information Protection Policy, etc. of the preceding paragraph.
Article 8 Intellectual Property Rights
The property rights regarding the content, programs, information, etc. of this site belong to the Company or a third party who has granted the Company the right to use them. Furthermore, all software used by the Company on this site and related to it includes property rights and trade secrets protected by laws and regulations regarding intellectual property rights.
The rights to the text, images, and other data information posted on this site belong to the Company, other users, or other third parties with legitimate rights, and the user confirms that the use of this site does not involve the transfer of copyrights or other intellectual property rights.
Article 9 Pledge Regarding the Exclusion of Anti-Social Forces, etc.
The Company and the user represent that they do not currently fall under the category of organized crime groups, members of organized crime groups, associate members of organized crime groups, companies related to organized crime groups, corporate racketeers, groups pretending to engage in social movements or political activities, or specialized intellectual violent groups, or other persons equivalent to these (hereinafter collectively referred to as "Organized Crime Group Members, etc."), and pledge that they will not fall under any of the following items in the future:
Having a relationship recognized as being controlled by Organized Crime Group Members, etc. in management.
Having a relationship recognized as being substantially involved in management by Organized Crime Group Members, etc.
Having a relationship recognized as unjustly utilizing Organized Crime Group Members, etc., such as for the purpose of seeking the wrongful profit of oneself, one's own company, or a third party, or for the purpose of causing damage to a third party.
Having a relationship recognized as being involved in providing funds or favors to Organized Crime Group Members, etc.
Having an officer or a person substantially involved in management having a socially condemnable relationship with Organized Crime Group Members, etc.
The Company and the user pledge that they will not perform any of the acts listed in the following items by themselves or by using a third party:
Violent demanding acts.
Unreasonable demanding acts that exceed legal responsibility.
Threatening words or actions, or using violence in relation to a transaction.
Spreading rumors, using deception or force to damage the reputation of the other party, or obstructing the business of the other party.
Other acts equivalent to the preceding items.
If it is found that the other party is an Organized Crime Group Member, etc. or falls under any of the items in the preceding two paragraphs, in violation of the representation in the preceding two paragraphs, the Company and the user may cancel any and all contracts based on these Terms without any notice, and the other party shall not raise any objection to this. In this case, the party who violated the representation shall lose the benefit of time and shall immediately make payment of the debt to the other party.
Article 10 Regarding the Purchase of Products
Users can purchase products (hereinafter referred to as "Products") using this site.
If a user wishes to purchase a Product, the user shall apply according to the method designated by the Company, and the user shall transmit accurate data regarding the application details (hereinafter referred to as "Application Information").
If there is an error in the Application Information, the Company shall not respond to any request from the user other than returns as stipulated in the Company's return policy (https://shizendou.myshopify.com/policies/refund-policy), except in cases attributable to the Company.
Regarding the purchase of Products, the sales contract for the Product related to the application shall be concluded between the Company and the user when the screen indicating the completion of the order on this site is displayed.
Users shall pay the fees and consumption tax, etc. incurred with the purchase of the Product in a lump sum using the payment method designated by the Company, unless otherwise specified or agreed upon by the Company.
If settlement becomes impossible due to the expiration of the user's credit card or other circumstances, the user shall immediately pay the unpaid fees by the method designated by the Company.
The type, content, images, explanations of products, and prices of products and other information related to products posted on this site are subject to change without notice.
The Company endeavors to display the colors and images of the products displayed in the store as accurately as possible, but does not guarantee that the color display on the user's viewing computer monitor will exactly match the actual product color.
Article 11 Regarding the Return of Purchased Products, etc.
The handling of returns and refunds, etc. of products purchased by the user shall be governed by the Company's "Return Policy" (https://shizendou.myshopify.com/policies/refund-policy).
Article 12 Regarding the Delivery of Purchased Products
If a user purchases a Product on this site, the Company shall ship the Product to the location designated by the user, at the user's expense, using a shipping company prescribed by the Company.
Please receive the Product by the designated delivery date (within 3 weeks from shipment for outside Japan). If delivery is not possible due to the user's circumstances, the order will be treated as canceled, and the Company may charge the user for the shipping costs and other necessary expenses incurred at that time.
The Company may provide the shipping company with the user's information necessary for the shipment of the Product as stipulated in this Article, and the user shall consent to this in advance.
Article 13 Damages
Users agree to resolve any complaints, claims for damages, etc. received from a third party in connection with the use of this site at their own responsibility and expense.
If the Company suffers damage due to the user's violation of these Terms, guidelines, etc., or the user's unauthorized use of the services, the Company may claim compensation for damages against the user.
If a third party makes a complaint or claim for damages, etc. against the Company in connection with the user's use of this site, the Company may claim all expenses incurred by the Company in dealing with the complaint or claim, etc. (including but not limited to attorney's fees) from the user.
Article 14 Notices
Notices or demands from the Company to the user shall be made by placing the information related to the notice or demand in a state where the user can view it by the following methods:
Sending an email containing the information to the email address registered by the user with the Company.
Mailing a document containing the information to the address registered by the user with the Company.
Posting the information on this site regarding the services.
If the Company gives notice or makes a demand by sending an email to the email address registered by the user, the notice or demand shall be deemed to have reached the user immediately.
If the Company gives notice or makes a demand by mailing a document to the address registered by the user, the notice or demand shall be deemed to have reached the user at the time it would normally arrive.
If the Company gives notice or makes a demand by posting it on this site, the notice or demand shall be deemed to have reached the user at the time the information related to the notice or demand is posted on this site.
Users shall periodically view this site.
Article 15 Disclaimer of the Company
The Company shall not be liable for any decrease in display speed, failures, etc. caused by excessive access or other unforeseen factors.
The Company does not guarantee the operation of the Communication Facilities, etc. used by the user in connection with the use of this site, and shall not be liable for any damage incurred by the user or a third party regarding the Communication Facilities, etc.
The Company shall not be liable for any damage suffered by the user or a third party due to the use of the user's authentication information by a third party, even if the user was not negligent.
Disclaimer regarding long-term absence, unknown address, or refusal to receive:
If the product is returned for any reason on the customer's part, such as long-term absence, unknown address, or refusal to receive, the round-trip shipping fee and card settlement fee (4% of the product price) shall be borne by the customer.Disclaimer regarding import regulations of each country:
There are import regulations for products depending on the country or region of purchase.
If the purchased product is subject to the import regulations of the customer's country, the round-trip shipping fee to customs and the card settlement fee (4% of the product price) shall be borne by the customer. Please check the regulations of each country before purchasing.
Article 16 Governing Law and Jurisdiction
The governing law of these Terms shall be the law of Japan, and the Kyoto District Court shall be the exclusive court of first instance with agreed jurisdiction for all disputes related to these Terms.
Article 17 Language Clause
The language of these Terms is Japanese, and any translation is for reference only.
Article 18 Exclusion Clause of the Vienna Sales Convention
The Vienna Sales Convention shall not apply to these Terms.
Established and enforced on January 5, 2021
