Terms of service
When using the website "DANTON OFFICIAL SITE" (hereinafter referred to as the "Site") operated and owned by BSHOP INC. (hereinafter referred to as the "Company"), please confirm the terms and conditions set forth herein (hereinafter referred to as the "Terms of Use"). The use of the Site constitutes acceptance of and agreement to be bound by the Terms of Use.
1. Scope of the Terms of Use and Revisions
The Terms of Use are applicable to Company and User (as defined in the Article 2 below) with regard to use of the Site. Purchase of products from the Company can be made through the Site (hereinafter referred to as the “Product”).
User of the Site acknowledges Company's right to revise or update in whole or in part the Terms of Use without any prior consent. Company inform User of such revision or update of the Terms of Use in the manner that Company thinks appropriate. Once Company revises or updates the Terms of Use, the revised or updated provisions will be applied in connection with the use of the Site by User.
2. User and Member
- The term "User" means any individual that uses the Site under the Terms of Use. Any use of the Site will constitute an acceptance of and agreement to comply with the Terms of Use.
- The term "Member" means any User whose membership regarding the use of the Site was approved by the Company based on his/her application for the membership registration by following the procedures prescribed by the Company. Registration submitted by an agent or representative shall not be approved.
- The Company may at its discretion cancel the registration in the following cases:
- (1) The applicant has breached any terms and conditions with respect to any services provided by the Company in the past, and the applicant's membership was canceled as a penalty;
- (2) A false statement has been included in the application information;
- (3) The applicant delays fulfilling their obligation to make payments, and/or the Company is not able to confirm receipt of the Product for a long period of time, and/or refusal to return or exchange the Product, or other defaults in relation to the use of the Site;
- (4) The membership application is determined to have been completed by an agent as described in Paragraph 2 above;
- (5) Prohibited Conducts (as provided in the Article 6 below) by the applicant in the past; or
- (6) For other reasons which the Company considers as reasonable in relation to operating and managing the Site.
- Even in cases in which the Company cancels the membership registration pursuant to this Article 2, the User whose membership is canceled shall not be exempted from liability for obligations (including, but not limited to, payment obligations) that have already accrued under the Term of Use.
3. Change of registered information
- If there is any change in any part of registered information submitted to the Company, Member shall immediately update registered information to reflect such change according to the method specified by the Company. In the absence of such update by Member, Member agrees that process done by the Company based on the Member's registered information at the time of such process shall be deemed as correct and valid.
- The Company shall not be liable for any damages or losses caused by Member's failure to properly update the registered information according to Paragraph 1 above.
4. User ID and password management
- Member shall be solely responsible for use and management of the User ID and password they set in relation to registration for membership as to the Site.
- Member shall not assign, transfer, sell, pass on, lend, disclose, or leak their User ID or password to any third party.
- Member shall immediately notify the Company of any unauthorized use of the Member's account known or suspected by the Member.
- The Company shall not be liable for any damages caused by (a) Member's inappropriate use or management of User ID or password, as well as their credit card number, or (b) unauthorized or illegal use of User ID or password, as well as their credit card number by any third party.
5. Cancellation of the membership
If Member wishes to cancel the membership, such Member shall contact the Company for the cancellation through Member’s account page of the Site.
6. Prohibited Conducts
Users/Members are prohibited from performing any of the following conducts:
- (1) Conducts that do not comply or may not comply with applicable laws and regulations, as well as public policy
- (2) Conducts that leads or may lead to criminal activity
- (3) The inputting or use of registration information that contains false contents (including inputting information on any third party as registered information)
- (4) The unauthorized use of User ID and password (including allowing any third party to access or use the Site, regardless of purpose, via User ID and password of each Member’s own)
- (5) Conducts that cause or may cause an infringement of intellectual property rights such as copyrights, image rights, character rights, privacy rights, publicity rights, or other rights of other Users, third parties, or the Company
- (6) Conducts that leads or may lead to libel, slander or defamation on other Users, third parties, or the Company
- (7) Conducts that cause or may cause any inconvenience, loss, or damage to other Users, third parties, or the Company
- (8) The use of the Site for business purposes (including reselling the Product or using the Site at the instruction of any third party)
- (9) The collection, accumulation, or storing of other User’s information relating to the use of the Site
- (10) The assignment or passing of membership rights and status to other Users or any third party or the exercise of such rights by other Users or any third party
- (11) The Conduct that is or may be hindrance or interruption in the Company's operating the Site, such as, uploading or sending, via email or other means, content such as computer viruses, computer codes, files, orprograms designed to interfere with, destroy, or limit the functions of computer software, hardware, and communications equipment
- (12) Improper or fraudulent use of credit card or other means for payment based on the use of the Site
- (13) Other Conducts that the Company considers as inappropriate, such as using the Site for improper orfraudulent purposes
7. Intellectual Property Rights
- All intellectual property rights with respect to the contents provided through the Site (hereinafter referred to as "Contents") shall belong to the Company or a third party who has granted license to the Company. Users shall not infringe such intellectual property rights.
- Regardless of the purpose, it is strictly prohibited to use (including, but not limited to, duplicate, alter, convert, transfer, distribute, present, sell or publish), in whole or in part, Contents without prior permission from the Company.
- In the event of a dispute with a third party due to violation of any provision in the Terms of Use by Users, Users shall resolve the dispute under their own responsibility and at their expense, without causing any damages, expenses, or detrimental effects to the Company.
8. Purchase of the Product
- User may purchase the Product from the Company through the Site by making an offer to purchase the Product according to the procedure specified by the Company.
- Upon the Company's sending the email notifying the shipment of the Product to User after completing the process for acceptance of such offer to purchase at the Company, the sales contract regarding the Product shall be made between User and the Company.
- Notwithstanding Paragraph 2 above, even after the sales contract regarding the Product is made, in the case that the User is found to or likely to have performed misconduct or inappropriate conduct associated with the use of the Site, the Company may, at its sole discretion, cancel or terminate any sales contract and take any other measures that the Company considers as appropriate.
- User shall accept in advance that there may be a delay in delivery depending on the delivery area and the circumstances of the delivery. The Company shall not be liable for non-delivery due to errors in the information provided by User.
- User agrees that purchase of the Product through the Site is limited to purchase for personal use. Offer to purchase the Product shall be made by User in person and any purchase for the purpose of resale or purchase as an agent at an instruction of any third party shall not be acceptable. Even if purchase of the Product through the Site is for the purpose other than personal use, User shall be responsible for such purchase and shall fulfil any obligation in relation to such purchase under the Terms of Use.
9. Payment
- 1. The total amount to be paid by User for the purchase of the Product shall be (1) the sales price of the Product and (2) applicable shipping fees as shown in the Site (hereinafter referred to as the “Price”). Any import duties, customs fees and taxes (including, but not limited to, value added tax) that may apply to the shipment of the Product to the country of delivery shall be borne by User.
- Payment shall be made by using the purchaser's own credit card in the name of each User (limited to credit cards specified by the Company) or other payment methods accepted by the Company.
- If payment is made by a credit card or other payment methods accepted by the Company (including a payment method offered by PAYPAL), the purchaser shall be in compliance with the terms and conditions set forth in a separate agreement between the purchaser and the credit card company or the company offering such other payment methods (including PAYPAL). The purchaser shall resolve any disputes or conflicts in relation to the payment for purchase of the Product with any third party including the credit card company or the company offering such other payment methods (including PAYPAL) under purchaser's own responsibility and at purchaser's expense. The Company shall take no responsibility in relation to such disputes or conflicts.
10. Return and Replacement of the Product
- Return of the Product will be accepted only in the following cases:
- (1) Defect found in the Product is notified to the Company within 7 days from the date of its delivery and the Company agrees to take responsibility for such defect in accordance with the procedure shown in the Site.
- (2) The delivered Product is inconsistent with the offer to purchase accepted by the Company in accordance with Article 8 above.
- (3) The Product is damaged during shipping.
- Return of the Product by User shall be made in accordance with the procedures specified in the Site by the Company. In the cases of (1), (2) and (3) in Paragraph 1 above, the Company shall bear the cost for return of the Product. If User is notified by the Company that the replacement can be made, the Company will send a replacement after the Company obtains the goods for such replacement.
- In case that a replacement cannot be prepared due to stock shortage, User shall get refund for the payment made with respect to the purchase of the Product by User to the Company, according to the process specified by the Company in the Site.
11. Disclaimer related to the Product
- The Company shall not be liable for any damages, losses or disadvantages attributed to the quality, materials, functionality, performance, compatibility with other products or any defects, with respect to the Site and the Products sold through the Site, except for the cases provided in the Article 10 above.
- After the Company hands over the Product to delivery company for delivery to the destination identified at the time of purchase based on information provided by User through the Site, the Company shall be exempt from any liability for the shipment of the Product.
12. Management of Information
- The Company may collect the information relating to the use of the Site by User (including information on the access history of User, such as IP address information or the device identification number of the mobile terminal from which User accesses the Site server, or access data that the Company acquires from User through cookies).
User agrees that the Company commissions other company to handle the above-mentioned information for the purposes set forth below in this paragraph. The Company shall use the above-mentioned information for the following purposes:- (1) Management of User
- (2) Providing email newsletter service
- (3) Advertisement, promotion or introduction for products or services of the Company
- (4) Shipment of the Product
- (5) Customer support
- (6) Planning campaign and implementing questionnaire
- (7) Providing contents relating to products or services of the Company
- (8) Marketing activity (using data by which each User cannot be identified)
- The Company will not disclose or provide the information collected from each User in relation to the use of the Site to a third party without prior consent by each User, except for the following cases:
- (1) Using the information that is processed as statistical data so that User cannot be identified based on such processed information
- (2) If the Company is required to disclose or provide the information based on applicable laws or regulations
- The Company may delete or handle in the way that the Company considers as appropriate any comment or other information that is sent and agreed by User to be used by the Company if the Company considers that such comment or other information leads or may lead to (a) libel, slander, defamation on other Users, third parties, or the Company, or (b) violation of applicable laws and regulations, without any prior notice to User.
- Other than the provisions set forth in this Article 12, Privacy Policy that is separately set by the Company is applied to handling of the information collected from each User in relation to the use of the Site.
13. Privacy Policy
When using the Site, User agrees in advance to accept and comply with Privacy Policy that is separately set by the Company.
14. Change, Termination or Suspension of the service through the Site
- The Company may change, terminate or suspend the service provided through the Site (hereinafter referred to as “Service”) without prior notice to or consent by User in any of the following cases:
- (1) Ordinary or urgent maintenance of the computer system for Service (hereinafter referred to as “System”)
- (2) When operation of System is difficult due to the fire, power outage/power cut, natural disaster, war,rioting,social disorder, labor dispute, the occurrence of any event of Force Majeure or other events beyond the Company’s control
- (3) When operation of System is difficult due to hindrance or obstructive behavior by a third party
- (4) In any cases other than provided above, if the Company is forced by circumstances to consider that suspension of System is necessary
- In any case of change, termination or suspension of Service provided in the preceding paragraph,theCompany shall not be liable for any damages or losses in connection with such change, termination or suspension of Service.
15. Disclaimer
- In case that the Company provides links from the Site to other websites or resources, or links from third-party websites or resources to the Site, the Company neither represents nor warrants legality, validity, accuracy, certainty, security, safety, nowness or completeness with respect to the content, use, or outcomes of the provided link. If the Company reasonably determines that the content of a linked website or resource is illegal or inappropriate for the management/operation of the Site, the Company may delete the linked website or resource without any notification to User.
- In case that any damages or losses are caused to User due to the Company’s processing or operations in connection with the Site in accordance with information provided by User (including registration information of Member),the Company shall not be liable for any of such damages or losses.
- If, in spite of the appropriate security measures taken by the Company, failure in communication line or computer arises and any damages or losses caused to User due to (a) interruption, delay,shutdown or any other problem of the System, or (b) defacing or falsification of the Site, the Company shall not be liable for any of such damages or losses.
- The Company neither represents nor warrants that emails/contents sent in connection with the Site from webpage, server or domain do not contain anything harmful such as computer virus or malware.
- The Company shall not be liable for its provision of information or advice to User.
- The Company shall not be liable for any damages or losses caused by the breach of the Terms of Use by User.
- If a User causes any damages or losses to other Users or a third party through the use of the Site, the User caused such damages or losses shall (a) resolve the dispute in connection with such damages and losses under the User’s own responsibility and at the User’s own expense, and (b) indemnify and hold the Company harmless from and against all claims in relation to such damages or losses.
- The Company shall not be liable for any damages (including, but not limited to, mental distress, other financial loss or any other disadvantages) caused by the use of the Site (including the provision of information by the Company), except for the cases in which such damages are caused intentionally or by gross negligence of the Company.
- The Company shall not be liable for any damages, losses or troubles due to the use of the other websites linked to the Site by User.
- If, in spite of the appropriate security measures taken by the Company, there is improper or fraudulent activities in connection with the Site (including, but not limited to, illegal access to data of the Site or infection by computer viruses), any damages or losses caused to User due to such improper or fraudulent activities, the Company shall not be liable for any of such damages or losses.
- The liability of the Company shall be limited to direct damages or losses.
16. Governing Law and Jurisdiction
The Terms of Use are governed by the laws of Japan. If there is a need for litigation regarding the Terms of Use,the Company and User agrees and accepts that the Tokyo District Court shall have exclusive jurisdiction as the court of first instance.
17. Suspension of use of the Site and Cancellation of membership registration
The Company may at its discretion suspend the use of the Site, cancel the membership, or take any other measures that the Company considers as appropriate without prior notice to User in any of the cases set forth below. Even in cases in which the Company suspends the use of the Site or cancels the membership pursuant to this Article 17, any of such User whose (a) use of the Site is suspended or (b) membership is canceled shall not be exempted from liability for obligations (including, but not limited to, payment obligations) that have already accrued under the Term of Use.
- (1) It was found that User has been revoked the membership in the past due to a breach of any terms and conditions set for services provided by the Company or for any other reason.
- (2) It was found that registration by User contains false information.
- (3) It was found that User, in connection with services provided by the Company, without just cause,(a) delays fulfilling their obligation to make payments, (b) is unable to receive the Product delivered by the Company for a long period of time, (c) demands unreasonable return or replacement of the Product or (d) defaults on any other obligation.
- (4) It was found that there was any conduct by User violating the Article 6 (“Prohibited Conducts”) of the Terms of Use in the past.
- (5) In any cases other than provided above, if the Company considers as necessary in view of management or operation ofthe Site.