Effective from July 2017
Article 1. General Provisions
Article 2. Mall
- 1. Sites is an online shopping mall that offers customers a shopping “forum” with shops participating in Services (hereinafter, “Shops”) in addition to featuring products, Shops, rankings, special features, and other information related to shopping on Sites.
- 2. All transactions between customers and Shops on Sites shall be conducted directly between the customer and Shop. Unless Company is the Shop, Company shall not be party to any transactions nor bear any responsibility for such transactions. Accordingly, in the event that any trouble arises regarding a transaction with a Shop, the problem shall be resolved directly between the customer and the Shop.
- 3. Notwithstanding the preceding Section, Company may, at its sole discretion, provide compensation, etc., with respect to trouble between customers and Shops. Company may also change, suspend, or terminate the extent and details, etc., of the compensationcoverage at its own discretion.
- 4. Company will provide notifications, details regarding how to use the Service, and other information regarding Sites from time to time. Customers should use Sites service according to the provided information, etc.
Article 3. Filing Requests, etc., for Purchase
- 1. Customers may file requests to purchase products from Shops through Sites pursuant to procedures set forth by Company. Company may also change the specifications, etc., of the filing procedures at a time of its choosing for the purpose of improving expediency for both customers and Shops.
- 2. The payment method, shipping method, and other transactional terms and conditions available when customers place orders depend on the Shop. Customers shall be personally responsible for checking these terms and conditions prior to filing requests to purchase products.
- 3. When a customer completes the filing process, a sales agreement between the customer and Shop has not been established for the product pertaining to the filed request. A sales agreement for the product pertaining to the filed request will be established when the Shop ensures the inventory and an email for the Shop approves the filed request reaches the customer.
- 4. After completion of the filing process by customers, Shops may reject the transaction. In such case, customers shall not be entitled to demand the Shop to fulfill the sales agreement.
- 5. After completion of the filing process, Shops may change transactional terms and conditions including shipping charge and delivery methods. If critical elements of the transactional terms and conditions are changed, the Shop shall provide notice of the details thereof. Customers must confirm the notification details from the Shop.
Article 4. Payment
- 1. Customers shall complete payment for the price of the product, etc., via the payment method selected when placing the order by the Shop’s specified deadline. If the customer fails to make payment by the given deadline, the sales agreement established subject to the request shall be rescinded automatically.
Article 5. Cancellation, Returns, etc.
- 1. Shops shall accommodate withdrawals of requests, rescission of sales agreements, and returns or exchanges of products (hereinafter collectively referred to as “Returns, etc.”) pursuant to terms and conditions set forth separately by the Shop. Customers shall check these terms and conditions prior to filing to purchase products.
- 2. If the customer is unable to contact the Shop regarding Returns, etc., the customer should contact Company according to procedures set forth separately thereby.
- 3. Despite there being no reason attributable to the Shop, if the customer requests the rescission of a sales agreement and the Shop accommodates the request, the customer shall bear the shipping costs for the return even if shipping was free of charge for the product purchased by the customer.
Article 6. Refunds
In the case of Returns, etc., Company may contact customers regarding refunds for the price of the product, etc.
Article 7. Inquiries
- 1. Customers should contact Shops directly for transactional terms and conditions, details regarding featured products and services, information regarding the given products and services, other details posted on the Shop’s web page, and privacy policies, etc.
- 2. If the customer is unable to contact the Shop for the inquiries set forth in the preceding Section, the customer should contact Company according to procedures stipulated separately thereby.
- 3. The customer should check the information, etc., provided by Company for inquiries regarding services provided thereby, such as how to use Sites, etc. If any questions remain unresolved after checking the provided information, the customer should contact Company according to procedures stipulated separately thereby.
Article 8. Addition, Modification, etc., of Supplementary Services
Article 9. Notifications
- 1. Notifications, etc., regarding Services to customers from Company shall be sent electronically to the email address entered by customers upon purchase; posted on websites pertaining to Services; or provided via other methods deemed appropriate by Company.
- 2. When notifications are provided electronically by Company and Company sends an email to the email address specified in the preceding Section, the customer agrees in advance that the notification shall be considered as having been delivered either when the email became viewable by the customer, or 24 hours after the email was sent by Company, whichever is the earlier of the two.
Article 10. Correspondence and Advertising
- 1. Company may contact customers via phone, email, or other methods for the purpose of conducting feedback surveys regarding Services; investigating the status, etc., of transactions; or interviewing the customer, etc.
- 2. 2. Company may, in compliance with laws and regulations, contact customers via phone, email, post, or other methods for the purpose of notifying customers of campaigns regarding Services, advertising and marketing, and other related tasks.
Article 11. Use of Services by Minors and Juveniles
- 1. Customers who have yet to attain to the age of majority shall use Services only after receiving consent from a parent or guardian.
- 2. Notwithstanding the preceding Section, if a customer under the age of majority is discovered to be using Services without the consent of a parent or guardian, Company shall be entitled to take any of the responses set forth below, either in whole or in part, without notifying the customer in advance.
- (1) Suspend the use of Services by the customer
- (2) Suspend the performance of transactions, such as shipping of products, or demand the suspension thereof to Shops
- 3. Company may place age restrictions on the range of products available for purchase, available Services, and Supplementary Services. If Company discovers that a customer has purchased any product or used any Services or Supplementary Services accompanied by age restrictions despite not having attained to the age specified by Company, Company shall be entitled to take any of the responses set forth in the preceding Section, either in whole or in part.
Article 12. Prohibitions
- 1. Customers shall be prohibited from engaging in any behavior set forth below when using Services:
- (1) Violating any laws or regulations; court rulings, decisions, or orders; or legally-binding motions by the government,
- (2) Damaging the public order or breaking standards of decency,
- (3) Contributing to the benefit of any antisocial forces (gangs, etc.) or otherwise collaborating with such groups,
- (4) Transferring earnings made through criminal activities and aiding, abetting, or otherwise contributing thereto,
- (5) Posing as a third party or intentionally sending false information,
- (6) Filing a request to purchase any product without the intent to purchase the product,
- (7) Refusing to accept a product without justifiable grounds,
- (8) Returning, etc., products without justifiable grounds,
- (9) Engaging in self-dealing, inside trading among interested parties, or engaging in fictitious transactions,
- (10) Inconveniencing or infringing upon the rights of Company, Company’s group companies, Shops, other customers, or any third parties,
- (11) Engaging in unauthorized access or abetting such access,
- (12) Provoking any malfunction or disruption of Services,
- (13) Causing Services to function in a way that uses generally unintended bugs, or using, creating, or distributing any external tool(s) that cause generally unintended effects,
- (14) Placing excess load on any servers, computers, etc., of Company, Company’s group companies, Shops, or other customers.
- (15) Sending or circulating any malicious program including computer viruses to Company, Company’s group companies, Shops, other customers, or any third party,
- (16) Interfering with the operation of Services,
- (17) Using Services with illicit intent,
- (19) Violating the Rakuten Members Terms and Conditions or any other terms and conditions, guidelines, or other policies set forth by Company, or
- (20) Engaging in any activity otherwise deemed inappropriate by Company
- 2. In the event that a customer violates any of the provisions set forth in the preceding Section or fails to service any debts or liabilities owed to Shops or Company, Company shall be entitled to take any of the following actions, either in whole or in part, without providing prior notice to the customer:
- (1) Suspend the use of Services by the customer
- (2) Suspend the servicing of transactions including the shipment, etc., of products, or demanding Shops to suspend such transactions,
- (3) Demand payment from the customer via a different payment method than the method selected by the customer at the time of order, or
- (4) Revoke, coupons, or other benefits from the customer and order the return of undo gains
- 3. Company bears no responsibility for any damages incurred by the customer due to taking any action set forth in the preceding Section.
- 4. If Company incurs any damages or loss as the result of a customer violating Section 1, the customer shall return to Company all benefits attained as the result of violating the provisions of Section 1 and must compensate immediately for any damages incurred.
Article 13. Intellectual Properties, etc.
- 1. 1. Any and all rights, such as copyrights, design rights, trademarks and any other intellectual properties, ownership and publicity rights, to or relating to Sites or all information including, but not limited to, text, photographs, and videos comprising Sites shall exclusively belong to Company or a third party who owns such rights. Therefore, customers shall not do any acts which infringes or may infringe any of such right.
- 2. If any dispute or problem occurs due to Customer's breaching the provision of the immediately preceding Section, then the customer shall, at her/his own responsibility and costs, resolve and settle such dispute or problem, and shall hold Company harmless from and against any trouble or damages.
Article 14. Treatment of Personal Information
Article 15. Non-Assignment
Customers shall not transfer or rent any rights or obligations pertaining to the use of Services to any third party.
Article 16. Indemnities
- 1. Company bears no responsibility for any damages incurred by customers if Services are suspended, either in whole or in part, due to: natural disasters; war; terrorist attacks; riots; establishment, revision, or repeal of laws, regulations, or rules; interference or order(s) by a government agency; infectious disease epidemics; power outages; disruption, delay, termination, loss of data, or unauthorized access of data due to system maintenance, dysfunction, or otherwise, of communication lines, computers, etc.; accidents by transportation agencies or organizations; labor disputes; or force majeure events, etc., such as equipment accidents.
- 2. Company’s responsibilities herein shall be limited to the operation of Services with reasonable effort., The information on Sites are provided and posted on the responsibility of Shops, and Company shall bear no responsibility and makes no guarantees of the accuracy, recency, utility, reliability, legality, or conformity with particular purposes of Services (including web pages operated by Shops), nor does Company bear any responsibility or make any guarantees that no third party rights have been infringed.
- 3. Company makes no guarantees that emails and content sent from Company’s web pages, servers, domains, etc., do not contain malicious content such as computer viruses.
- 4. Company may provide information to customers and Shops; however, Company shall bear no responsibility for actions that utilize such information.
- 6. Upon using Services, customers must prepare and maintain at their own expense a client-side operating environment including the network, computer, software, etc., used by the customer. Company shall bear no responsibility for any damages, etc., incurred due to the customer’s operating environment, etc., or due to the maintenance, etc., thereof.
- 7. If Company bears responsibility to a customer in association with the use of Services by the customer, Company shall compensate only normal and direct damages actually incurred by the customer, unless Company caused such damages as the result of willful intent or gross negligence. With respect to damages incurred as the result of special circumstances (including situations in which damages were anticipated or could have been anticipated), Company shall bear no responsibility.
Article 17. Suspension/Termination
Company shall be entitled to suspend or terminate the provision of Services or Supplementary Services thereto to any particular customer or all customers at any time without prior notice. Company shall bear no responsibility for any damages or loss incurred by the customer as the result of the suspension or termination of Services.
Article 18. Governing Law and Jurisdiction