Terms of Use

Terms of Use

These Terms of Use (the “Terms”) set out the conditions for using the online shop (the “Service”) provided by Niitsuru Winery (the “Company”) on this website. Registered users (“Users”) shall use the Service in accordance with these Terms.
This is a reference translation; the Japanese version shall prevail in the event of any discrepancy.

Article 1 (Application)

These Terms apply to all relationships between Users and the Company concerning the use of the Service. In addition to these Terms, the Company may establish various rules and provisions (“Individual Provisions”). Regardless of their name, such Individual Provisions form part of these Terms. Where these Terms conflict with Individual Provisions, the Individual Provisions shall prevail unless otherwise specified.

Article 2 (Registration)

Registration is completed when an applicant agrees to these Terms, applies by the method prescribed by the Company, and the Company notifies its approval. The Company may decline an application in the following cases and is not obliged to disclose its reasons:

Article 3 (Management of User ID and password)

Users shall manage their User ID and password at their own responsibility, and shall not transfer, lend, or share them with any third party. Where a login matches the registered ID and password, the Company deems it use by the registered User. The Company is not liable for damages arising from third-party use of an ID/password, except in cases of the Company’s willful misconduct or gross negligence.

Article 4 (Sales contract)

A sales contract is formed when a User applies to purchase and the Company notifies its acceptance. Ownership of the product transfers to the User when the Company delivers it to the carrier. The Company may cancel the contract without prior notice if a User:

Payment, delivery, cancellation and return methods follow separate rules set by the Company.

Article 5 (Intellectual property)

Copyright and other intellectual property rights in the content provided by the Service (product photos and other “Content”) belong to the Company and other rightful holders. Users may not reproduce, reprint, alter or otherwise reuse them without permission.

Article 6 (Prohibited acts)

In using the Service, Users shall not:

Article 7 (Suspension of the Service)

The Company may suspend or interrupt all or part of the Service without prior notice in the following cases:

The Company is not liable for any disadvantage or damage suffered by Users or third parties due to such suspension or interruption.

Article 8 (Usage restriction and deregistration)

The Company may, without prior notice, restrict use of all or part of the Service or delete a User’s registration in the following cases:

The Company is not liable for damages arising to Users from actions taken under this article.

Article 9 (Withdrawal)

Users may withdraw from the Service through the prescribed procedure.

Article 10 (Disclaimer of warranties and limitation of liability)

The Company does not warrant that the Service is free from de facto or legal defects (including safety, reliability, accuracy, completeness, validity, fitness for a particular purpose, security, errors, bugs, or infringement of rights). The Company is not liable for any damages arising to Users from the Service. However, this disclaimer does not apply where the contract between the Company and User constitutes a consumer contract under the Consumer Contract Act; even then, the Company is not liable for special damages (including cases where the Company or User foresaw or could have foreseen them) arising from the Company’s negligence (excluding gross negligence). The Company is not liable for any transaction, communication or dispute between a User and other users or third parties.

Article 11 (Changes to the Service)

The Company may change the content of, or discontinue, the Service without notice to Users, and is not liable for any damages arising therefrom.

Article 12 (Amendment of these Terms)

The Company may amend these Terms at any time without notice when it deems necessary. If a User begins using the Service after amendment, the User is deemed to have agreed to the amended Terms.

Article 13 (Handling of personal information)

The Company handles personal information obtained through the Service appropriately in accordance with its Privacy Policy.

Article 14 (Notice and contact)

Notices or communications between Users and the Company shall be made by the method prescribed by the Company. Unless a User notifies a change by the Company’s prescribed method, the Company deems the currently registered contact valid and sends notices there, which are deemed to reach the User upon transmission.

Article 15 (Prohibition of assignment)

Users may not, without the Company’s prior written consent, assign or pledge their contractual position or rights and obligations under these Terms to any third party.

Article 16 (Governing law and jurisdiction)

These Terms are governed by Japanese law. The United Nations Convention on Contracts for the International Sale of Goods is excluded. In the event of a dispute concerning the Service, the court having jurisdiction over the location of the Company’s head office shall be the exclusive agreed jurisdiction.