Terms of service

These Terms and Conditions of Use (hereinafter referred to as ‘these Terms’) set out the terms and conditions governing the use of the online shop (hereinafter referred to as ‘the Service’) provided by Moonveil SHOP (hereinafter referred to as ‘the Shop’) on this website. These Terms apply to the relationship between the Shop and all customers (hereinafter referred to as ‘Users’) who use the Service. By using the Service, Users are deemed to have agreed to these Terms.

Application

These Terms shall apply to all matters relating to the use of the Service between Users and the Shop.

In addition to these Terms, the Shop may establish various provisions (hereinafter referred to as ‘Individual Provisions’) regarding the Service, such as rules for use. Regardless of their title, these Individual Provisions shall form part of these Terms.

In the event of any conflict between the provisions of these Terms and Conditions and those of the Specific Provisions referred to in the preceding paragraph, the provisions of the Specific Provisions shall take precedence, unless otherwise specified in the Specific Provisions.

User Registration

For this Service, user registration shall be completed when a prospective user agrees to these Terms and Conditions, applies for registration in the manner prescribed by the Company, and the Company notifies the prospective user of its approval.

We reserve the right not to approve an application for user registration if we determine that any of the following grounds apply to the applicant, and we shall bear no obligation whatsoever to disclose the reasons for such a decision.

・Where false information has been provided in the application for user registration

・Where the application is made by a person who has previously breached these Terms and Conditions

・In any other case where we deem user registration to be inappropriate

Management of User ID and Password

Users shall manage their User ID and password for this Service at their own risk. Under no circumstances may users transfer, lend or share their User ID and password with any third party.

Where a user logs in using a combination of User ID and password that matches the registered details, we shall deem such use to be by the user to whom that User ID is registered. We shall not be liable for any damage arising from the use of a User ID and password by a third party, except where there is wilful misconduct or gross negligence on our part.

Sales Contract

Under this Service, a sales contract shall be concluded when a user submits a purchase order to us and we notify the user that we have accepted said order.

Ownership of the goods in question shall pass to the user when we hand them over to the delivery carrier.

Please note that we will send notifications based on the information provided by the user. Unless there is wilful misconduct or gross negligence on our part, we shall not be liable for any loss or damage incurred by the user as a result of failing to receive a notification from us. Please ensure you provide contact details that will allow you to receive notifications.

We reserve the right to terminate the sales contract referred to in the preceding paragraph without prior notice to the user if the user falls under any of the following circumstances:

・Where the user breaches these Terms and Conditions

・Where delivery of the goods cannot be completed due to an undeliverable address or prolonged absence

・Where we deem that the relationship of trust between our shop and the user has otherwise been compromised

Payment methods, delivery methods, procedures for cancelling purchase orders, and return procedures relating to this service shall be governed by the methods separately stipulated by our shop.

Intellectual Property Rights

The copyright and other intellectual property rights in the content, product photographs, images, illustrations, videos, audio, photographs, designs and data (hereinafter referred to as ‘Content’) provided through this Service belong to our shop and the legitimate rights holders, such as content providers, and are protected by copyright law. Users may not reproduce, reprint, modify or otherwise make secondary use of such Content without authorisation.

Prohibited Acts

The following acts are prohibited in relation to the use of our shop and this Service. Should we determine that a user’s conduct falls under any of the following categories, we may terminate the contract with the user and refuse further use of this Service without prior notice.

・Acts that violate laws and regulations or public order and morals

・Acts related to criminal activities

・Impersonating another person or entering or submitting false order information

・Submitting purchase requests without the intention to purchase, or making frequent returns

・Using information obtained through this service for commercial purposes

・Acts intended for commercial use, such as purchasing for the purpose of resale

・Acts that hinder normal delivery, such as refusing to accept goods or returning goods due to prolonged absence

・Acts that interfere with our normal business operations or the provision of our services

・Acts that infringe the rights of our shop or third parties (including intellectual property rights such as copyright and trademark rights)

・Acts involving excessive demands that go beyond the scope of the services provided by our shop

・Any other acts that our shop reasonably deems inappropriate

・Acts that destroy or interfere with the functioning of our shop’s servers or network

・Acts of unauthorised access or attempts thereof

・Acts involving the collection or accumulation of personal information or similar data relating to other users

・Acts involving the direct or indirect provision of benefits to anti-social forces in connection with our services

Suspension or Interruption of the Service

We reserve the right to suspend or interrupt the provision of all or part of the Service without prior notice to users if we determine that any of the following circumstances apply:

・When carrying out maintenance, inspection or updates to the computer systems relating to the Service

・Where the provision of this Service becomes difficult due to force majeure, such as earthquakes, lightning strikes, fire, power cuts or natural disasters

・Where computers or communication lines, etc., are rendered inoperative due to an accident

・In any other circumstances where we determine that the provision of this Service is difficult

We shall not be liable in any way, for any reason whatsoever, for any disadvantage or damage suffered by users or third parties as a result of the suspension or interruption of this Service.

Restriction of Use and Cancellation of Registration

We reserve the right, without prior notice, to restrict a user’s access to all or part of this Service, or to cancel their registration as a user, in any of the following circumstances:

・Where there has been a breach of any provision of these Terms and Conditions

・Where it is discovered that any information provided upon registration is false

・Where the credit card registered by the user as a payment method has been suspended

・In the event of non-payment of fees or other financial obligations

・In the event of a failure to respond to communication from the Company within a specified period

・In any other circumstances 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 actions taken by the Company pursuant to this section.

Withdrawal

Users may withdraw from the Service by following the prescribed withdrawal procedure.

Disclaimer of Warranties and Limitation of Liability

We do not warrant that this Service is free from any factual or legal defects (including, but not limited to, defects relating to safety, reliability, accuracy, completeness, validity, fitness for a particular purpose, security, as well as errors, bugs and infringements of rights).

We accept no liability whatsoever for any damage incurred by users as a result of this Service. However, this disclaimer shall not apply where the contract between us and the user regarding this Service (including these Terms and Conditions) constitutes a consumer contract as defined under the Consumer Contracts Act. However, even in such cases, we shall not be liable for any damages incurred by the user arising from a breach of contract or tort caused by our negligence (excluding gross negligence), including damages arising from special circumstances (even where we or the user foresaw or could have foreseen the occurrence of such damages).

We shall not be liable in any way for any transactions, communications or disputes arising between the user and other users or third parties in connection with this Service.

Changes to the Service

We reserve the right to change the content of the Service or to suspend the provision of the Service without notice to Users, and shall not be liable for any damages incurred by Users as a result.

Amendments to the Terms of Use

We reserve the right to amend these Terms of Use at any time without notice to Users should we deem it necessary. Furthermore, should a User commence use of the Service after any such amendment, that User shall be deemed to have agreed to the amended Terms of Use.

Handling of Personal Information

We shall handle personal information obtained through the use of this Service appropriately in accordance with our ‘Privacy Policy’.

Notifications and Communications

Notifications and communications between users and us shall be made in the manner specified by us.

Unless the User notifies us of a change in accordance with the procedure separately specified by us, we shall deem the currently registered contact details to be valid and shall send notifications or communications to those details; such notifications or communications shall be deemed to have reached the User at the time of dispatch.

Prohibition on Assignment of Rights and Obligations

The User may not assign their status under the User Agreement or any rights or obligations arising from these Terms and Conditions to a third party, nor may they offer them as security, without our prior written consent.

Governing Law and Jurisdiction

Notwithstanding any rules on the application of governing law, these Terms shall be governed by the laws of Japan.

Furthermore, the application of the United Nations Convention on Contracts for the International Sale of Goods shall be excluded in relation to this Service. In the event of any dispute arising in connection with this Service, the courts having jurisdiction over the location of our business shall have exclusive agreed jurisdiction.