These Terms of Use ("Terms") are made by Marble.co (hereinafter referred to as the "Company") that provides online sales service of "cafe marble" (hereinafter referred to as the "Service") on this website. All registered users (hereinafter referred to as "Users") are required to use the Service following these Terms.
Article 1 (Application)
- These Terms shall apply to all relationships between the User and the Company concerning the use of the Service
- In addition to these Terms, the Company may make various provisions regarding the Service, such as rules for use (hereinafter referred to as "Individual Rules"). These Individual Rules, regardless of the name, shall constitute a part of these Terms.
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If the provisions of these Terms conflict with the provisions of the Individual Rules, the provisions of the Individual Rules shall take precedence unless otherwise specified in the Individual Rules.
Article 2 (Creating Account)
- Creating an account for the Service is completed if the applicant agrees to the Terms, applies for creating an account following the process specified by the Company, and the Company approves such application.
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The Company may not approve an application for creating an account if it deems that the applicant falls into any of the following categories, and the Company shall not be obligated to disclose its reasons.
- The applicant has provided false information when applying for creating an account.
- If the application is from a person who has violated these Terms.
- When the Company deems that the granting of an account is not appropriate for any other reasons.
Article 3 (Management of User ID and Password)
- The User shall, at its responsibility, properly manage its user ID (which refers to the registered e-mail address) and password for the Service.
- The User shall not, under any circumstances, transfer or lend the User ID and password to any third party or share them with any third party. If the User logs in with a user ID and password combination that matches the registered information, the Company shall deem that the User who has registered the user ID is using the Service.
- The Company shall not be liable for any damage caused by the use of a user ID and password by a third party, except in cases where the Company is intentional or grossly negligent.
Article 4 (Purchase of Products)
- The User shall pay the amount of the price for each product listed on the Service, separately determined and displayed on this website by the Company. Processing payment of each product shall be completed immediately at the time of order, and purchased products shall be shipped within three (3) business days, not including the day of order, after confirmation of the completion of payment.
- If the User delays any payment in relation to the Service, the User shall be required to pay a late fee at the rate of 14.6% per annum.
Article 5 (Receipt and Return of Products)
- Products by this Service may be delivered within Japan and overseas. The delivery method shall be solely and separately determined by the Company. The User is responsible for shipping costs. In the case of overseas delivery, taxes, duties, and other fees may be imposed, and the User shall bear all such costs.
- Even if the User is unable or refuses to accept the delivery, the Company shall not be liable for such delivery, except in cases of willful misconduct or gross negligence on the part of the Company.
- For the return of products from the User, the User and the Company shall comply with the terms and conditions regarding the return of products as described in the "Notation Regarding the Act on Specified Commercial Transactions" on this website.
Article 6 (Intellectual Property Rights, etc.)
The copyrights and other intellectual property rights to the text, photographs, and other content (hereinafter referred to as "Content") posted on the Service belong to the Company, Content providers, or other legitimate right holders, and the Users may not reproduce, reprint, modify, or otherwise make secondary use of the Content without permission.
Article 7 (Prohibited Matters)
Users shall not engage in any of the following acts when using the Service.
- Actions that violate laws and regulations or public order and morals
- Actions related to criminal acts
- Purchase of products for resale to a third party
- Infringement of copyrights, trademarks, or other intellectual property rights contained in the Service, including the contents of the Service
- Destruction or interference with the functioning of the server or network of the Company, other Users, or other third parties
- Use of the information obtained through this Service for commercial purposes
- Actions that may interfere with the operation of the Company's services
- Acts of unauthorized access or attempts to do so
- Collecting or accumulating personal information about other users
- Acts of using the Service with a fraudulent purpose
- Causing disadvantage, damage, or discomfort to other Users or other third parties
- Impersonate other Users
- Advertising, soliciting, or conducting business on the Service that is not authorized by the Company
- Actions aimed at meeting unacquainted members of the opposite sex
- Directly or indirectly providing benefits to antisocial forces concerning the Services
- Any other actions that the Company deems inappropriate.
Article 8 (Suspension of Provision of the Service, etc.)
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The Company may suspend or discontinue the provision of all or part of the Service without prior notice to the User if the Company deems any of the following reasons to exist.
- When performing maintenance, inspection, or updating of the computer system for this Service
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If the provision of the Service becomes difficult due to force majeure such as earthquakes, lightning, fire, power outages, or natural disasters
- When the computer or communication line is stopped due to an accident
- In any other cases where the Company deems it difficult to provide the Service
- The Company shall not be liable for any disadvantage or damage suffered by the User or any third party due to the suspension or interruption of the Service.
Article 9 (Restriction of Use and Cancellation of Registration)
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The Company may, without prior notice to the User, restrict the User from using all or part of the Service, or cancel the User's registration, if the User falls under any of the following.
- If the User violates any of the provisions of these Terms
- When it is found that there is false information in the registration
- In the event of default in payment obligations
- If there is no response to the Company for a certain period
- If the User under the age of 18 has used the Service without the consent of a parent or guardian
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In any other cases where the Company deems the use of the Service to be inappropriate
- The Company shall not be liable for any damages incurred by the User as a result of the Company's actions under this Article.
Article 10 (Withdrawal from the Service)
A User may withdraw from the Service by following the withdrawal procedures specified by the Company. If the User withdraws from the Service, the Company may at any time discard the User's history (order history, etc.). Please note that even if the User withdraws from the service by mistake, it will be impossible to recover the information after such destruction.
Article 11 (Disclaimer of Warranty and Disclaimer of Liability)
- The Company does not warrant, expressly or impliedly, that the Service will be free from defects in fact or the law (including, but not limited to, defects in safety, reliability, accuracy, completeness, effectiveness, fitness for a particular purpose, security, errors or bugs, or infringement of rights).
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The Company does not warrant, expressly or implicitly, the quality, shape, appearance, or fitness for a particular purpose of the products provided through the Service.
- The Company shall not be liable for any damages incurred by the User due to the Service. In addition, the Company shall not be liable for any damages by special circumstances (including cases where the Company or the User foresaw or could have foreseen the occurrence of damage), among damage caused to the User due to default or tort by the Company's negligence (excluding gross negligence). In any circumstances, the liability owed by the Company shall be limited up to the total amount of the payment received from the User during the past three (3) months from the occurrence of the damages.
- The Company shall not be liable for any transactions, communications, or disputes that occur between the User and other Users or third parties concerning the Service, except in cases where the Company is intentional or grossly negligent.
Article 12 (Change etc. of Service Contents)
The Company may, at its sole discretion, change the contents of the Service or discontinue the provision of the Service, and shall not be liable for any damages incurred by the User as a result of such changes. In the event of a change in the contents of the Service, or the discontinuation or termination of the provision of the Service, the Company shall notify the User in a manner and with content deemed appropriate by the Company.
Article 13 (Changes to the Terms of Use)
The Company may change these Terms at any time if it deems it necessary. If the Company changes these Terms, the Company shall notify the User of such changes in a manner deemed appropriate by the Company. If the User begins using the Service after a change to these Terms, the User shall be deemed to have agreed to the changed Terms.
Article 14 (Management of Personal Information)
- The Company will manage personal information obtained through the use of the Service appropriately under the Company's Privacy Policy.
- The Company may, at its discretion, use and disclose the information, data, etc. provided by the User to the Company as statistical information in a form that does not identify the individual, and the User may not object to this use.
Article 15 (Notification or Communication)
Any notification or communication between the User and the Company shall be made in a manner determined by the Company. Unless the User notifies the Company of a change in the method specified separately by the Company, the Company will assume that the currently registered contact information is valid and send notifications or communications to the said contact information, and these will be deemed to have reached the User at the time of transmission.
Article 16 (Prohibition of Assignment of Rights and Obligations)
Article 17 (Severability)
Even if any provision of these Terms, or any part thereof, is determined to be invalid or unenforceable under the Consumer Contract Act or other laws and regulations, the remaining provisions of these Terms and the remainder of any provision that is determined to be invalid or unenforceable in part shall continue to be in full force and effect.
Article 18 (Governing Law and Jurisdiction)
- These Terms shall be governed and construed by the laws of Japan.
- In the event of any dispute regarding the Service, the court having jurisdiction over the principal office of the Company shall have exclusive jurisdiction.
Established June 1st, 2021