利用規約

Otsumo Co., Ltd. (“Otsumo,” “we,” “our,” or “us”) hereby stipulates these terms of service (these “Terms”) regarding the service provided on its websites and mobile sites (including https://humanmade.jp/; hereinafter the “HUMAN MADE® ONLINE STORE”) (the “Service”), as follows.
Please also refer to the “Payment” and “FAQ” pages separately provided by us. Details of these Terms are as set forth below.

Article 1 Scope of Application of these Terms
These Terms apply to Otsumo and its customers (meaning the users of our Service such as those who browse, and purchase items through, the HUMAN MADE® ONLINE STORE) in connection with the provision and use of the Service. Any services that we may provide other than the Service shall be subject to the terms of those services separately provided by us, and not subject to these Terms unless separately provided in the terms of the relevant services.

Article 2 Amendments to these Terms
1. Otsumo may amend these Terms from time to time in either of the following cases. In each such cases, the provision and use of the Service after the amendment shall be subject to the amended Terms:
(1) the relevant amendment conforms to the interest of the customers; or
(2) the relevant amendment does not run afoul of the purpose of the contract, and it is reasonable in light of the circumstances concerning the amendment such as the necessity of the amendment, the appropriateness of the details of the amended conditions.
2. When amending these Terms, we will determine the effective date and notify its customers of the amended Terms and the effective date in advance via announcement or notice by posting on our website, email or other means that we deem appropriate.

Article 3 Use of the Service
1. Customers shall use the Service after accepting, and in accordance with, these Terms.
2. Customers who are minors shall obtain the consent of their legal representative before using the Service.

Article 4 Customer Registration
1. Before using the Service, customers shall register as a user through the Service. Upon registration, customers are requested to carefully read the instructions and correctly enter the required information into the prescribed entry form. After receiving and approving a customer registration application, we will send a registration confirmation email and register the applicant as a customer when the customer receives the email.
2. If an applicant for customer registration (a “Customer Registration Applicant”) falls under any of the following items, Otsumo may not approve their customer registration application:
(1) the application by the Customer Registration Applicant contains any false information;
(2) the Customer Registration Applicant is a minor and has applied for customer registration without the consent of their legal representative;
(3) the Customer Registration Applicant has been subject to measures such as suspension or revocation of their customer qualification of any of our services in the past;
(4) the Customer Registration Applicant is an Anti-social Force defined in Article 18; or
(5) Otsumo otherwise reasonably considers it inappropriate to approve the customer registration application.

Article 5 Management of Log-in Information
1. Customers shall be responsible for strictly managing their email addresses and passwords (“Log-in Information”).
2. Customers shall not loan, transfer, trade, or disclose their Log-in Information to or with any third parties nor shall they share any Log-in Information for use with any third parties.
3. We identify customers by our prescribed methods using the entered Log-in Information. All declarations of intent associated with a customer are deemed to be made by the actual customer. However, this provision does not apply if any third party uses a customer’s Log-in Information due to a cause attributable to Otsumo.
4. Where a customer finds any unauthorized use of their Log-in Information by any third party, the customer shall immediately notify us and follow our instructions, if any.
5. Otsumo accepts no liability for any damage arising from any causes such as a customer’s failure to adequately manage or correctly use their Log-in Information, or unauthorized use of the Log-in Information by a third party, unless there is a cause attributable to Otsumo.

Article 6 Change of Registered Information
A customer whose address, name, telephone number or other information registered with Otsumo has changed in whole or in part must immediately update the registered information by the procedure separately prescribed by us. Otsumo accepts no liability for any damage arising from failure to update any registered information, unless there is a cause attributable to Otsumo.

Article 7 Purchase of Items
1. Customers may order items using the Service in accordance with the procedure separately prescribed by Otsumo.
2. A sales agreement for any items between Otsumo and a customer shall be effected when Otsumo sends an order acceptance notice in response to the order set forth in the preceding paragraph.
3. Title for all items shall pass to the customer upon us delivering those items to the carrier.
4. After a sales agreement is effected, Otsumo will take the procedure to deliver the items in accordance with the order. The customer acknowledges in advance that the delivery may be subject to delay due to the delivery zone or status.

Article 8 Payment Method
1. The amount payable for items will be the total of the purchase price of the items, including consumption and local consumption taxes, the delivery charge, and handling fees (which may include customs duties or other expenses depending on the delivery destination).
2. Customers may pay for the items purchased using the Service only by credit card held in their name, or by the payment method separately approved by us.
3. Payments with a credit card shall be subject to the terms under a separate agreement between the customer and the relevant credit card company. The customer and the credit card company shall be responsible for resolving any and all dispute that may arise between both parties in connection with the customer’s use of the credit card.

Article 9 Termination of Agreement
1. In any of the following events, we may terminate the sales agreement for items with a customer:
(1) the customer is in a breach of any of these Terms;
(2) the relevant item is out of stock and cannot be easily delivered;
(3) the relevant item cannot be delivered due to an unknown delivery address or the extended absence of the recipient(unless there is a cause attributable to Otsumo);
(4) the item remains unreceived for a certain period (unless there is a cause attributable to Otsumo); or (5) a minor has purchased the item without the approval of their legal representative.
2. Customers consent in advance that: they shall pay any refund charges for refunds that may be paid to them by Otsumo, or the shipping fees for their return of any items to Otsumo as a result of termination pursuant to any item in the preceding paragraph (excluding those pursuant to item (2)); and if Otsumo pays any of the foregoing, Otsumo may charge the customers for such amount.

Article 10 Cancellation of Order; Returns and Replacements
1. Customers shall neither cancel their orders, nor shall they return or request replacements of any items once purchased, except for defective or wrong items.
2. Upon receipt of a defective or wrong item, the customer shall notify us by inquiries within 30 days of its arrival. If we receive such notice within the 30 day period, we will either replace, or provide a refund for, the defective or wrong item. When returning any such item to us, the customer shall send it shipping fee collect, together with the delivery statement of the relevant item.
3. Notwithstanding the preceding paragraph, customers are prohibited from purchasing items for resale or for other profit purposes (see Article 14, item (8)), and we will not replace or pay refunds for (1) items purchased for any such purpose or (2) items actually offered for resale. In a case reasonably suspected to fall under (1) or (2), we may choose to not immediately replace or pay a refund for the item and may determine its action after investigations.
4. If a customer returns any item to us without a justifiable reason (including, without limitation, a return of an item other than a defective or wrong item as provided in paragraph 2, or a customer’s refusal or inability to receive an item), or if a customer’s personal property is included together with the item that the customer returns to us, we will notify the customer without delay upon receipt of the item(s) and request their instructions for its retrieval withing a reasonable period. When receiving a customer’s instructions for the retrieval of the item(s), we will deliver it on an as-is basis and Otsumo accepts no liability for damages, compensation, reimbursement or otherwise in connection with the condition of the item(s) (including, without limitation, deterioration, deformation, wear and tear, damage and corrosion), except where there is a cause attributable to Otsumo.
5. If there are no instructions from the customer within a reasonable period under the preceding paragraph, we may deem that the customer has waived their title or other rights with respect to the item(s), and may destroy or otherwise dispose of the item(s) at our discretion.

Article 11 Deletion of Registration
1. A registered customer wishing to delete their registration must personally perform the deletion procedure separately designated by Otsumo. The registration will be deleted after the deletion procedure is complete.
2. After a registered customer’s registration is deleted, the customer will forfeit all rights as a registered customer.
3. Otsumo may retain customer information in accordance with the applicable laws and regulations for a certain period after customers’ deletion of registration.

Article 12 Suspension of Access to the Service; Revocation of Customer Registration, and Duty of Indemnification
1. If in Otsumo’s judgment a specific customer meets any of the following conditions, we may, without giving advance notice or demanding remedy in advance, suspend the customer’s access to the Service or revoke the qualification of the customer:
(1) the customer provides false information in their customer registration application;
(2) the customer is in arrears in paying for an item or otherwise defaults on their obligation in connection with the Service;
(3) the customer engages in wrongdoing when using the Service;
(4) a minor registers as a customer or uses the Service without the consent of their legal representative;
(5) the customer has been subject to measures such as suspension of use or revocation of their customer qualification of any of our services in the past;
(6) the customer obstructs operations of Otsumo;
(7) the customer is an Anti-social Force (including a breach of Article 18);
(8) the customer otherwise breaches or may breach any law, regulation or these Terms; or
(9) Otsumo otherwise reasonably deems the customer to be inappropriate as a registered customer.
2. If a customer incurs any damage as a result of Otsumo taking any action under the preceding paragraph, Otsumo accepts no liability for damages, compensation, reimbursement or otherwise, unless there is a cause attributable to Otsumo.
3. If Otsumo or any third party incurs damage as a result of a customer falling under any item of paragraph 1 through his or her intentional or negligent conduct, the customer shall be liable to compensate for the damage.

Article 13 Handling of Registered Customer Information
Otsumo will handle customers’ information in accordance with the separately stipulated by Otsumo.

Article 14 Prohibited Activities
Customers shall not engage in any of the following activities:
(1) acts in breach of any law or regulation, these Terms, or other terms of Otsumo;
(2) acts or possible acts of infringement such as concerning rights, interests, or reputation of other customers or a third party;
(3) acts disturbing or potentially disturbing Otsumo or other customers;
(4) acts in breach or potential breach of public order and morals;
(5) acts of obstructing the operations of Otsumo or otherwise potentially impeding the Service;
(6) acts damaging or potentially damaging the trust held by others in Otsumo;
(7) acts of placing excessively large orders at one time;
(8) acts of purchasing items for resale or for other profit purposes through the Service;
(9) acts of entering information including false or misleading content;
(10) acts of purchasing items under a false identity;
(11) acts of sending harmful computer programs or emails to, or writing them into, HUMAN MADE® ONLINE STORE;
(12) acts of unauthorized access to servers or other computers of Otsumo;
(13) acts of loaning, transferring, trading, or disclosing Log-in Information to or with any third parties or sharing it for use with any third parties;
(14) acts of unjustly applying for or holding multiple customer registrations;
(15) acts damaging or deteriorating the trust held by others in Otsumo; or
(16) other acts that Otsumo reasonably deems are inappropriate.

Article 15 Suspension or Termination of the Service
In order to maintain constant favorable conditions for the customers’ use of the Service, Otsumo may, without prior notice, suspend or terminate the Service in part or in full if required for scheduled or unscheduled system maintenance, if the system is subject to load concentration, if Otsumo deems that the Service operations may be obstructed, or if required to ensure the security of customers or Otsumo otherwise deems it necessary. Otsumo accepts no liability for any damage arising to any customers as a consequence of any of the above, unless there is a cause attributable to Otsumo.

Article 16 Disclaimer
1. Otsumo accepts no liability such as for any damage, losses, or disadvantages suffered by any customer directly or indirectly in connection with the Service due to system suspension, delay, stoppage, data loss, or unauthorized access to data owing to natural disaster, power failure, or breakdown of a communication line or computer, or due to other cause not attributable to Otsumo in connection with the customer of the Service.
2. A customer who by way of use of the Service has caused damage to a third party must resolve the damage at their own responsibility and expense, and shall not cause any damage, loss or other disadvantage to Otsumo.
3. Otsumo offers no warranty that the content of the information provided such as on its website or by email is accurate, current, useful, reliable or otherwise.
4. Otsumo may, without prior notice, change or suspend the structure, conditions of use, URL, content and other elements of its website.
5. Otsumo accepts no liability for any damage that arises to any customer or any third parties due to the customer’s breach of these Terms or other terms of Otsumo.
6. If cases such as where the delivery address of a customer is unknown, Otsumo will perform and be exempted from its obligation by handling the affairs in accordance with the information registered by the customer.
7. If Otsumo accepts liability, the scope is limited to direct and general loss or damage that customers may actually incur, within the limit of the amount equal to the price of the relevant item, unless the cause is attributable to Otsumo’s intentional or grossly negligent conduct.

Article 17 Intellectual Property Rights
1. All rights (including, without limitation, copyrights, trademark rights, and all other intellectual property rights, ownership rights, portrait rights, and publicity rights) related to any terms, images, designs, or other contents or data used in the Service belong to Otsumo or other legitimate rights holders, and customers shall not engage in any act that infringes on any of these rights.
2. If any problem arises between a right holder or a third party and a customer as a result of violation of this Article, the customer shall resolve the problem at their own responsibility and expense and hold Otsumo harmless from any damage, loss, or disadvantage, except where there is a cause attributable to Otsumo.

Article 18 Elimination of Antisocial Forces
1. Customers undertake the following:
(1) that they do not have any ties with an organized crime group, an organized crime group member, an organized crime group-associated company or organization, corporate extortionist (sokaiya), rogue person or group proclaiming itself as a social or political activist (shakai undo/seiji undo hyobo goro), organized special intellectual crime group (tokushu chinou boryoku shudan), any other persons considered to be analogous to any of the above, or a member of any of the above (an “Antisocial Force”), nor will they fall within the category of Antisocial Forces in the future;
(2) that they do not, and do not cause any third parties to, engage in violent acts, fraudulent or threatening acts, obstruction of business, or other illegal acts against Otsumo; and
(3) that they do not allow any Antisocial Forces to use their names, nor do they use the Service for the benefit of Antisocial Forces.
2. In the event that a customer violates any of the undertakings set forth in the preceding paragraph, Otsumo may, without giving him or her any notice or demand for cure, cancel the sales agreement for the relevant items with the customer, revoke his or her customer registration, or take any other measures stipulated in these Terms.
3. Customer shall indemnify Otsumo for any damage that it may incur as a result or in connection with a breach of any of their undertakings in paragraph 1.

Article 19 Severability
If any provision of these Terms or any part of the provision is deemed to be invalid or unenforceable by any law, regulation, administrative notice, or otherwise, the remaining provisions of these Terms and the remaining part of the relevant provision shall remain in effect.

Article 20 No Transfer of Status
No customers shall transfer, or provide as security, their status of a registered customer of the Service, or their rights and obligations under the status, to or in favor of any third parties, without Otsumo’s prior written consent.

Article 21 Discussions in Good-faith
If any problem arises in connection with the use of the Service that cannot be resolved by these Terms, or by Otsumo’s guidance or action, the problem shall be resolved through mutual good-faith discussions between the relevant customer and Otsumo.

Article 22 Governing Law and Jurisdiction
These Terms shall be governed by the laws of Japan. The Tokyo Summary Court or the Tokyo District Court shall be the agreed court of exclusive jurisdiction in the first instance for any and all disputes that may arise in connection with the use of the Service (including court mediation proceedings).