Terms of service
These terms and conditions of use (hereinafter referred to as the "Terms and Conditions") apply to the online shop (hereinafter referred to as the "Shop") provided by LA BHEN & CO (hereinafter referred to as "LA BHEN & CO"). This document sets out the terms and conditions of use of the online shop (hereinafter referred to as the "Service") provided by LA BHEN & CO. All registered users (hereinafter referred to as "Users") are subject to the terms and conditions of this Agreement. ("User") shall use the Service in accordance with these Terms of Use.
Article 1 (Application)
These Terms of Use apply to all relations related to the use of this service between the user and our store.
In addition to this Agreement, our store may establish various rules and regulations regarding the use of this service (hereinafter referred to as "Individual Rules"). In addition to this Agreement, we may also establish various rules regarding the use of this Service (hereinafter referred to as "Individual Rules"). Regardless of the name of such Individual Rules, they shall be deemed a part of this Agreement.
In the event of any inconsistency between the provisions of these Terms and Conditions and the provisions of the Specific Rules referred to in the preceding paragraph, the provisions of the Specific Rules shall prevail, unless otherwise specified in the Specific Rules.
Article 2 (Registration for Use)
In this service, registration for use is completed when a prospective registrant agrees to these terms and conditions, applies for registration for use by the method specified by our store, and our store notifies the prospective registrant of our approval of the application.
If we determine that the applicant has any of the following reasons, we may not approve the application, and we are not required to disclose the reasons.
The applicant has provided false information in applying for registration.
If the application is from a person who has violated these Terms of Use.
In any other case in which we deem the registration of use to be inappropriate.
Article 3 (Management of User ID and Password)
The User shall manage his/her User ID and password for the Service under his/her own responsibility.
The User may not, under any circumstances, transfer, lend, or share his/her User ID and password with any third party. If a user logs in with a combination of user ID and password that matches the registered information, we will consider the use of the Service by the user who registered that user ID.
Our store will not be liable for any damages caused by a third party's use of a user ID and password, except in the case of intent or gross negligence on the part of our store.
Article 4 (Purchase Contract)
1. In this service, a purchase contract is formed when a user submits a purchase request to our store and our store notifies the user that we have accepted the request. Ownership of the product is transferred to the user when our store delivers the product to the delivery company.
2. We reserve the right to cancel the purchase agreement without prior notice to the user in the following cases,
1. If the user violates these terms and conditions
2. If the product delivery is not completed due to an unknown delivery address or prolonged absence of the user
3. In any other case in which we consider that the relationship of trust between our store and the user has been damaged.
3. The method of payment, delivery, cancellation of orders or return of products related to this service will be determined separately by our store.
Article 5 (Intellectual Property Rights)
The copyrights or other intellectual property rights of the product photos and other content (hereinafter referred to as "Content") provided by this Service belong to the legitimate right holders such as our store and Content providers, and the User may not reproduce, reprint, modify, or make any other secondary use of them without permission.
In the unlikely event that unauthorized use of content is discovered, a fee of 40,000 yen (excluding tax) per item will be charged, regardless of the content.
Article 6 (Prohibited Matters)
While using the Service, the User shall not engage in any of the following acts
1. Acts that violate laws and regulations or public order and morality
2. Actions related to criminal activities
3. Acts that infringe copyrights, trademarks or other intellectual property rights contained in the Service
4. Actions that destroy or interfere with the functions of our server or network
5. Commercial use of information obtained through this service
6. Actions that may interfere with the operation of our service
7. Activities that obtain or attempt to obtain unauthorized access
8. Actions that collect or aggregate personal information, etc., about other users
9. Actions that impersonate another user.
10.Any act that directly or indirectly provides benefits to antisocial forces in relation to our services.
11.Any other act that we deem inappropriate.
Article 7 (Suspension of the Service, etc.)
1. We reserve the right to suspend or discontinue the Service, in whole or in part, without prior notice to the User, if we determine that any of the following circumstances exist
1. To perform maintenance, inspections or upgrades of computer systems related to the Service
2. When the provision of the Service becomes difficult due to force majeure, such as earthquakes, lightning, fire, power outages, or natural disasters
3. If computers or communication lines are disabled due to an accident
In any other case in which we deem it difficult to provide this service.
4. Our store will not be liable for any inconvenience or damage caused to the user or a third party due to the suspension or interruption of this service, regardless of the reason.
Article 8 (Restriction of use and cancellation of registration)
1. We reserve the right to restrict the use of all or part of the Service or to cancel a user's registration without prior notice in the following cases
1. If a user violates any of the provisions of these Terms of Service.
2. If it is found that the registration information is false
3. In the event that the credit card provided by the user as a means of payment is suspended.
4. In case of late payment of fees and other obligations.
5. If there is no response from us for a certain period of time.
6. If there is no use of this service for a certain period of time since the last use.
7. In any other case where we deem the use of this service to be inappropriate.
2. Our store will not be responsible for any damages incurred by the user as a result of any action taken by our store in accordance with this article.
Article 9 (Cancellation of membership)
The User may withdraw from the Service by following the prescribed withdrawal procedure.
Article 10 (Disclaimer of warranty and liability)
1. We do not warrant that the Service is free of defects in fact or law (including security, reliability, accuracy, completeness, validity, fitness for a particular purpose, defects in security, errors or bugs, infringement of rights, etc.). We do not warrant that the Service will be free from defects (including, but not limited to, errors, bugs, defects of title, etc.).
2. We are not responsible for any damages incurred by the user as a result of this service. However, if the contract between our store and the user regarding this service (including this agreement) does not comply with the Consumer Contract Act, our store will not be liable for any loss or damage incurred by the user. However, if the contract between our store and the user regarding this service (including this agreement) is a consumer contract as defined by the Consumer Contract Act, this disclaimer does not apply, but even in this case, our store will not be held liable for default or tort due to our negligence (except for gross negligence). However, even in this case, we are not responsible for any damage caused by special circumstances (including cases where we or the user foresaw or could have foreseen the occurrence of the damage) among the damage caused by default or tort due to our negligence (except for gross negligence). We will not be liable for damages arising from special circumstances.
3. We are not responsible for any transactions, communications or disputes that may arise between the user and other users or third parties in relation to this service.
Article 11 (Changes in Service Content, etc.)
We may change the content of this service or discontinue providing this service without notice to the user, and we will not be liable for any damages incurred by the user as a result of such changes or discontinuation.
Article 12 (Modification of the Terms of Service)
We reserve the right to change the Terms of Use at any time without notice to the User if we deem it necessary. In addition, if a User starts using the Service after the modification of these Terms of Use, such User shall be deemed to have agreed to the modified Terms of Use.
Article 13 (Handling of Personal Information)
We will appropriately handle personal information obtained through the use of this Service in accordance with our "Privacy Policy".
Article 14 (Notification or communication)
Notice or communication between the User and our Store shall be made by the method specified by our Store. Unless the user notifies us of a change in his/her contact information in accordance with the method separately specified by us, we will assume that the currently registered contact information is valid and send a notice or communication to that contact information, which will be deemed to have reached the user at the time of transmission.
Article 15 (Prohibition of assignment of rights and obligations)
The User may not, without the prior written consent of our Store, assign or pledge its position in the Contract of Use or its rights or obligations under this Agreement to a third party.
Article 16 (Applicable law and jurisdiction)
1. The Terms of Use shall be governed by and construed in accordance with the laws of Japan. The United Nations Convention on Contracts for the International Sale of Goods does not apply to the Service.
2. In the event of any dispute regarding the Service, the court having jurisdiction over the location of our head office shall have exclusive jurisdiction.