カテゴリー

TERMS

Priority of the Original Language : This agreement is written in Japanese. In the event of any discrepancies or inconsistencies between the Japanese version and a translated version, the Japanese version shall prevail.

(hereinafter referred to as “the Company”) has established the following terms of use (hereinafter referred to as the “Terms of Use”) for the e-commerce mall site operated by the Company.

Chapter 1 Definitions

Article 1 (Definition of Terms)

In this Agreement, the following terms shall have the meanings set forth in each of the following items.

(1)"Mall": ‘THE CROSS BY KYOBUNKWAN,’ an e-commerce mall operated by the Company on the Internet.

(2)"Service": The services set forth in Article 2 that we provide to users through the Mall.

(3)"User": A person who accesses the mall, and an individual or corporation that receives products and other services from the store.

(4)"Store Operator": A sole proprietor or corporation that has applied to open a store in the Mall and has been approved by the Company to open a store.

(5)"Member": A user who has agreed to the Terms and Conditions in accordance with the procedures specified by the Company, has registered his/her membership information, and has applied for membership.

(6)"Store": A web page allocated by the Company to a storeowner in order for the storeowner to provide products and services to users in a mall.

(7)"Goods, etc.": Goods or services offered by the vendor to users in the store.

(8)"Member Information": Information related to the attributes of members disclosed by members to us and our vendors, as well as information related to the history of member transactions.

(9)"Personal Information": Information that can be used to identify an individual among the information obtained in connection with the use of the Service by the User.

(10)"Purchase": A purchase of a product or other item by a user on the Service.

(11)"Sales Contract, etc.": A contract for the sale or provision of goods, etc., between a storefront operator and a user.

(12)"Account": A unique ID issued by the Company to a Member for use of the Service on the Mall.

Chapter 2 Basic Contents of the Service and Scope of the Service

Article 2 (Services)

1.The Services to be provided by the Company through the Mall shall be as follows

  • (1)Provision of information on the web about products offered by the vendor
  • (2)Forwarding information about a user's purchase of goods, etc., to a storeowner.

2.This service provides users with a place to purchase products and other goods on the Internet. The sales contract in the mall is between the seller and the buyer, and the seller and the user are the parties to the sales contract.

3.We may be a storekeeper in a mall.

4.In the unlikely event that a problem arises regarding a sales contract, etc., it will be resolved directly between the user and the vendor.

Article 3 (Scope of Application)

1.These Terms of Use shall apply to the Company and Users with respect to the use of the Service.

2.Users must agree to the terms and conditions of this Agreement before using the Service.

3.Store owners may establish and apply their own terms and conditions of use for their stores, as well as terms and conditions specifically stipulated by them for their stores (hereinafter referred to as “Shop Terms”). In the event of any inconsistency or conflict between these Terms and Conditions and the Shop Terms and Conditions, the Shop Terms and Conditions shall take precedence.

4.Users shall use the Service for personal use only, and shall not use the Service to make purchases or conduct any other business activities for the purpose of resale profit.

Article 4 (Purchase of Products)

1.Users may purchase products and other goods from vendors in accordance with the procedures set forth by the Company.

2.The terms and conditions of transactions when users purchase products vary depending on the product and the vendor. Users should check the terms and conditions of each store before purchasing products. After the purchase of a product is completed, a notification of the completion of the purchase procedure will be sent to you by e-mail.

3.A sales contract is concluded when the vendor contacts the purchaser to inform him or her of the shipment of goods, etc.

4.Notwithstanding the provisions of the preceding paragraph, in the event of fraudulent or inappropriate use of this service, or in the event that the credit card company or other payment service provider designated by the user (hereinafter referred to as the “credit card company, etc.”) notifies us of a credit default, etc., we or the stall holder may If the credit card company or other payment service provider designated by the user (hereinafter referred to as the “credit card company, etc.”) informs the user that the credit card company, etc. has defaulted on the credit card payment, the Company or the storefront may cancel or terminate the contract, suspend performance, or take any other appropriate action.

5.Delivery of products and other goods through this service is limited to delivery within Japan.

6.In the event of any of the following, the Company may, at its discretion, cancel or terminate the relevant contract, or take other appropriate measures.

  • (1)In the event of fraudulent or inappropriate conduct, or circumstances that raise such suspicions.
  • (2)In the event that the goods cannot be easily delivered due to an unknown delivery address, etc.
  • (3)In the event that circumstances are found to make it difficult for the user to make payment.

7.The amount to be paid is the total of the purchase price of the merchandise, including consumption tax, shipping charges, and related handling fees, plus consumption tax.

Article 5 (Settlement)

1.Payment shall be made in accordance with the terms and conditions of a separate agreement with the credit card company, etc. In the event of a dispute between the user and the credit card company, etc., the dispute shall be resolved by both parties concerned.

2.We use the payment agency service of Stripe Payments (hereinafter referred to as the “Payment Agency”) for the payment of merchandise. Users will disclose and provide the payment agency with personal information, credit card information (credit card number, expiration date, and security code), and other information necessary for payment.

3.The user acknowledges that the settlement agent will act as an agent for payment of the product price, and that the Company will disclose and provide the necessary information to the settlement agent for such payment.

4.The user's obligation to pay the stallholder will be extinguished when the settlement agent completes the procedures for receipt of the merchandise payment.

5.Credit card information registered by the user for payment of the merchandise will be retained by the payment agency. We do not retain such information.

6.The settlement agent will properly handle the information necessary for payment received from the user in accordance with the rules for the handling of personal information separately stipulated by the settlement agent.

7.Payment methods and other matters related to payment shall be as described in “Indication based on the Act on Specified Commercial Transactions”.

Article 6 (Inquiries about Products, etc.)

1.For inquiries about products, etc., please contact directly to the contact information of the exhibitor listed in each store page.

2.If you are unable to contact the vendor regarding your inquiry, please contact us through the “Contact Us” page.

Article 7 (Cancellation, Returns, etc.)

1.Withdrawals of applications, cancellations of sales contracts, and returns or exchanges of products and other goods (hereinafter collectively referred to as “returns, etc.”) will be handled by the vendor in accordance with the conditions separately stipulated by the vendor. Users are requested to confirm the conditions stated on the product page and the store page before purchasing products, etc.

2.If you find any defects (random binding, missing binding, damage, stains, etc.) or wrong items, you must notify the stall owner immediately.

3.Our company will not be responsible for any problems with returns or cancellations after purchase. Users shall directly communicate with the vendor to resolve the issue. However, if the Company is the vendor, the Company will communicate directly with the user to resolve the issue.

Article 8 (Suspension or Discontinuation of Service, etc.)

1.In order to keep the Service in good working condition, the Company may suspend or discontinue all or part of the Service without notice in any of the following cases

  • (1)When necessary for routine or emergency maintenance of the system
  • (2)When the load is concentrated on the system
  • (3)When system operation becomes difficult due to fire, power failure, sabotage by third parties, etc.
  • (4)In the event that system operation becomes difficult due to natural disasters (including but not limited to typhoons, tsunamis, earthquakes, windstorms, floods, lightning strikes, etc.), social unrest (including but not limited to war, terrorism, riots, etc.), intervention or orders by government agencies, epidemics, or other force majeure events
  • (5)In any other cases where the Company deems it necessary to suspend the system.

2.The Company shall not be liable for any damages incurred by users as a result of actions taken by the Company pursuant to this Article.

Article 9 (Change or Discontinuation of Service)

1.The Company may terminate the Service, in whole or in part, by giving prior notice to the User.

2.The Company shall not be liable for any damages incurred by users as a result of actions taken by the Company pursuant to this Article.

Article 10 (Disclaimer)

1.Only the vendor is responsible for the contents of transactions with the vendor, products handled, services, descriptions on the page, handling of personal information, etc.

2.Our responsibility to users under these Terms of Use is limited to operating the Service with reasonable efforts. We are not responsible for, and make no warranty as to, the authenticity, accuracy, currency, usefulness, reliability, legality, or non-infringement of third-party rights of the contents of the Products.

3.The Company shall not be liable for any damages caused by system delays, changes, interruptions, discontinuation, loss of data, unauthorized access to data, or any other damages incurred by users due to communication line or computer failures.

4.We do not guarantee that e-mail content sent from our web pages, servers, domains, etc. will be free of computer viruses or other harmful content.

5.The Company shall not be liable for any damages incurred as a result of a user's violation of these Terms of Use, etc.

6.If we are liable to the user for any cause in connection with the user's use of the Service, we will compensate only for damages to the extent that they are ordinary and direct and actually occurred to the user within the last one year from the date of the damage, unless the damage was caused by our intentional or gross negligence.

Chapter 3 Membership Registration and Eligibility

Article 11 (Registration of Members)

1.Users who wish to become members must agree to the Terms and Conditions and complete the membership registration process in a manner determined by the Company.

2.Membership registration must be completed by the person who will become a member. Registration by a proxy is not permitted.

3.When registering as a member, please read the entry notes carefully and enter the required information correctly in the designated entry form.

4.Upon acceptance of the application submitted in accordance with the membership registration procedures, the user will be qualified as a member.

5.If we determine that a user falls under any of the following items or is likely to fall under any of the following items, we may refuse registration or re-registration, and we are under no obligation to disclose the reasons for such refusal.

  • (1)If your membership has been revoked in the past
  • (2)If there is a risk of misuse of the Service or inconvenience to a third party
  • (3)In the event that any falsehood, error or omission is found in all or part of the registration information provided to the Company
  • (4)The applicant is a minor, an adult ward, a person subject to conservatorship or assistance, and has not obtained the consent of a legal representative, guardian, conservator or assistant.
  • (5)Other cases in which the Company deems the applicant to be unsuitable for registration.

6.The Company may revoke a user's membership even after the user has obtained it, if the Company determines that the user has or may have any of the reasons listed in each item of the preceding paragraph. In such a case, the Company shall not be obligated to disclose any reason for such revocation.

Article 12 (Notification)

1.Notification, etc., from the Company to users regarding the Service will be made by sending e-mail to the registered e-mail address, posting on the Service's website, or by any other method the Company deems appropriate.

2.The user agrees in advance that when the Company sends a notice by e-mail, the notice from the Company shall be deemed to have arrived at the earlier of the time when the Company sends the e-mail to the e-mail address in the preceding paragraph and the user is able to view said e-mail or 24 hours after the Company sends the e-mail. You agree in advance that the notice from us will be deemed to have arrived at the earlier of the following two points in time.

Article 13 (Management of Member Information and Passwords)

1.The member shall be responsible for managing his/her account information and password so that they are not known to any third party, and shall not transfer, pass on, lend, disclose, or divulge them to any third party.

2.If the Company confirms by a predetermined method that the combination of ID and password entered matches the one registered by the member, the Company shall provide the Service as if it had been used by the member.

3.Even if a member's account is used by someone other than the member in question due to theft, misuse, or other circumstances, the Company shall not be held liable for any damages resulting from such use.

Article 14 (Password Inquiries)

1.If you have forgotten your password, please follow the instructions on the “Reissue Password” page on the mall.

2.Since we encrypt and manage passwords, we are unable to answer or change passwords even if users themselves inquire about them.

Article 15 (Change of Member Information)

1.Members shall immediately change their membership information in the manner designated by the Company in the event of any change in their name, address, or other information registered with the Company.

2.Neither the Company nor the stall owner shall be liable for any damage incurred by a member as a result of a change not made in accordance with the preceding paragraph. The Company and its vendors reserve the right to assume that the registered member information is true and up-to-date. Even in the event of a change, transactions that have already been completed prior to the change will still be based on the information that existed prior to the change.

3.Members must comply with any request from the Company to disclose identification documents or other information related to membership.

Article 16 (Withdrawal from Membership)

If a user wishes to terminate use of the Service, the user shall follow the procedures for withdrawal from membership in accordance with the Company's prescribed procedures, and the user shall be deemed to have withdrawn from membership upon confirmation of such by the Company.
Even if a user withdraws from the Service, we will retain information required to be retained by law or our regulations, such as billing history for products and other items to the user through use of the Service, in accordance with such laws and regulations or our regulations.

Article 17 (Loss of Membership and Indemnity Obligations)

1.The Company may temporarily suspend or revoke a member's membership if the member falls under any of the following items or is at risk of falling under any of the following items.

  • (1)Violation of any of the provisions of these Terms and Conditions
  • (2)In the event of committing any of the acts set forth in each item of Article 18.1.
  • (3)In case of death
  • (4)If you interfere with the operation of any of our services in any way
  • (5)Failure to fulfill payment obligations by the due date
  • (6)In the event of a petition for seizure, provisional seizure, provisional disposition, compulsory execution, bankruptcy, civil rehabilitation, corporate reorganization, or special liquidation
  • (7)When a person commits a crime for which a statutory penalty of imprisonment or greater has been established
  • (8)In the event that the registered e-mail address or telephone number is disconnected and no communication from the Company reaches you.
  • (9)When necessary to ensure the security of members, such as when there are more than a certain number of password entry errors
  • (10)In any other case in which the Company deems it inappropriate for you to continue to use the Service or to maintain your membership.

2.If a user's membership is temporarily suspended or cancelled in accordance with the preceding paragraph, and the user has debts owed to the Company, the member will naturally lose the benefit of time with respect to all debts owed to the Company, and must immediately pay all such debts to the Company.

3.Even if a member's membership is temporarily suspended or revoked in accordance with Paragraph 1, the Company shall not be liable for any damages incurred by the member as a result of the Company's actions in accordance with this Article.

Chapter 4 Prohibitions and Pledges

Article 18 (Prohibited Items)

1.Users shall not engage in any of the following acts when using the Service

  • (1)Violating laws, regulations, these Terms of Use, mall cautions, or other terms and conditions, etc.
  • (2)Injuring the rights, interests, or reputation of the Company, the vendor, or any other third party
  • (3)Offending public order or public morals
  • (4)Provision of benefits or other cooperation with antisocial forces
  • (5)Transferring the proceeds of a crime and aiding and abetting the transfer of the proceeds of a crime.
  • (6)Impersonating a third party or intentionally sending false information
  • (7)Offering to purchase goods, etc. without the intention of purchasing them.
  • (8)Failure to accept goods, etc. without justifiable reason
  • (9)Return of goods, cancellation of sales contracts, or other similar acts without justifiable reason.
  • (10)Interfere with the operation of this service
  • (11)Unauthorized access to our servers or other computers
  • (12)Use or provision of computer viruses or other harmful programs in connection with the Service.
  • (13)Lending or transferring your password to a third party, or sharing it with a third party
  • (14)Using the Service to make purchases for the purpose of resale, to engage in sales activities, or to engage in any other sales activities.
  • (15)Purchase of goods, etc. belonging to alcoholic beverages by users under 20 years of age.
  • (16)Any other activities that the Company deems inappropriate.

2.The Company shall not be liable for any damages incurred by the user as a result of the acts stipulated in each item of the preceding paragraph.

3.In the event that the Company suffers loss or damage as a result of a user's violation of Paragraph 1, the user must immediately return to the Company any profits gained by the user as a result of the violation and compensate the Company for any damage incurred.

Article 19 (Copyrights, Trademarks and Intellectual Property Rights)

1.All copyrights, trademarks, and other intellectual property rights for all content provided through this service belong to the Company or third parties that have licensed their use to the Company. If any act prohibited by domestic or foreign copyright laws, such as unauthorized reproduction, unauthorized reprinting, or any other secondary use of the contents of this service for any purpose, is discovered, the Company will take legal action to stop the act and demand compensation for any damages incurred by the Company.

2.In the event of a dispute with a third party arising from a violation of the provisions of this Article, the user shall resolve such dispute at his/her own responsibility and expense, and the Company shall assume no responsibility whatsoever.

Article 20 (Exclusion of Antisocial Forces)

1.By agreeing to these Terms of Use, the User represents and warrants that the User does not currently fall into any of the following categories and will not fall into any of the following categories in the future.

  • (1)Crime syndicate
  • (2)Members of organized crime syndicates and quasi-organized crime syndicates
  • (3)Companies affiliated with organized crime syndicates
  • (4)Other persons equivalent to the preceding items

2.Users shall ensure that they do not commit any of the following acts by themselves or by using a third party

  • (1)Violent demanding behavior
  • (2)Unreasonable demands beyond legal responsibility
  • (3)Behaving in a threatening manner or using violence in connection with a transaction
  • (4)Acts of spreading rumors, using deceptive means or force to damage the Company's credibility or obstruct the Company's business
  • (5)Other acts similar to the preceding items

3.If it is found that a user falls under any of the items in Paragraph 1, or commits an act that falls under any of the items in the preceding paragraph, or makes a false declaration regarding the representations and warranties in accordance with Paragraph 1, and we determine that it is inappropriate to continue transactions with the user, we will unilaterally reject the user's use of the Service, delete the user's membership registration, notify the stall holder, and take any other measures necessary to reject the user's use of the Service. In such cases, we may unilaterally reject the user's use of the service, delete the user's membership registration, notify the storeowner, and take any other measures necessary to reject the user's use of the service.

4.The Company shall not be liable for any damages incurred by the user as a result of the application of the provisions of the preceding paragraph. In addition, the user shall be responsible for any expenditure (including, but not limited to, legal fees and litigation costs) incurred by the Company as a result of the measures described in the preceding paragraph.

Chapter 5 Handling of Information

Article 21 (Handling of Personal Information)

We will appropriately handle personal information obtained from users' use of this service in accordance with the Act on the Protection of Personal Information and other related laws and regulations, as well as our Privacy Policy.

Article 22 (Provision of Personal Information to Third Parties)

Users agree that the personal information they provide when using the Service may be used to the extent necessary for the operation, advertising, or promotion of the Mall.

Article 23 (Management of Information)

Among the information other than the “personal information” set forth above, the Company and its vendors may use, without the user's permission, the following information: browsing page and advertising history of services used and products purchased, search keywords searched by the user, date and time of use, method of use, usage environment, zip code, gender, occupation, age, IP address of the user or visitor, cookie information, location information, and individual identification information of the terminal. In the event that any of the following items applies, the Company or the storefront operator may delete the information without notice to the user.

  • (1)When such information is recognized as clearly infringing on the copyright or other rights of the Company or a third party, or clearly damaging the reputation or credibility of the Company or a third party.
  • (2)If it is found to be in clear violation of the laws and regulations of Japan or any applicable foreign country
  • (3)When we receive an order (including a provisional disposition order) from a public agency, court, or other public body to remove the information in accordance with the law.

Chapter 6 Miscellaneous Provisions

Article 24 (Modification of these Terms and Conditions)

The Company reserves the right to change these Terms and Conditions in the event of changes in laws and regulations, maintenance and improvement of the Service, or other unavoidable circumstances. In such cases, the fees and all other matters related to the mall shall be governed by the amended Terms and Conditions. The Company shall make the revised Terms and Conditions and its effective date known at the Mall, and the revised Terms and Conditions shall become effective when such effective date arrives.

Article 25 (Governing Law)

All applicable laws regarding these Terms and Conditions shall be governed by the laws of Japan.

Article 26 (Consultation and Court of Jurisdiction)

1.In the event of any doubt over the interpretation of these Terms and Conditions, we reserve the right to determine its interpretation to the extent reasonable.

2.The Tokyo District Court shall have exclusive jurisdiction in the first instance over all disputes related to these Terms and Conditions.

Established on March 18, 2024

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