Online Shop Terms of Use

Article 1 Purpose

The Online Shop Terms of Use are stipulated so users can use the online shopping service provided by Pocketalk Co., Ltd. (hereinafter referred to as "the Service") with peace of mind.
Please note that these terms of use fall under the standard terms and conditions stipulated in Article 548-2 of the Civil Code. Those who use this service are deemed to have agreed to each provision of these terms of use when applying for the purchase of products using this service. The following terms of use shall be referred to as "Terms of Use," "Pocketalk Co., Ltd." as "Company," "Online Shopping Service provided by the Company" shall be referred to as "Service," and "those who use this service" shall be "Users / User," respectively.

Article 2 Order

After we receive an order for the purchase of products provided by this service, in principle, the contract for the order will deem to be concluded when we send a notice of acceptance from the Company. However, in the case of a telephone order, the contract for the order will deem to be concluded when we accept the order by phone, or in the case of a postcard order when we accept the order postcard.

Article 3 Product Purchase Price and Other Fees.

Users shall pay the total amount of the following items (hereinafter referred to as "the Product Purchase Price and Other Fees.").
(1) Product price
(2) Prescribed fees arising from shipping charges and payment methods
(3) Other paid service charges
(4) Consumption tax and local consumption tax equivalent to the preceding items(consumption tax less than 1 yen is rounded down)

An example of the calculation of the Product Purchase Price and Other Fees:

(i) Product A + consumption tax and local consumption tax equivalent amount, (ii) Product B + consumption tax and local consumption tax equivalent, (iii) Service fee + consumption tax and local consumption tax equivalent, (iv) Shipping fee + consumption tax and local consumption tax equivalent amount, Total payment amount = (i) + (ii) + (iii) + (iv)

Subscribers of the subscription are subject to Section 16 (Special Agreement on Subscription).

Article 4 Payment method and timing

As for the payment methods for products purchased through the Service, Users can select from credit card payments, convenience store payments (advance and deferred payment), Amazon account payments, AliPay payments, WeChat Pay payments, Google Pay payments, Apple Pay payments, cash on delivery, or subscriptions. However, due to the nature of the product, some payment methods may not be available.
When paying by credit card, please check the following before using.
(1) Users shall pay the Product Purchase Price and Other Fees by a credit card issued by the credit card company approved by the Company in accordance with the membership terms of the credit card company.
(2) The name of the applicant submitted to the Company must be the same as the name of the credit card.
(3) In the event of a dispute between a User and a credit card company, both parties concerned shall resolve it themselves, and the Company shall not be liable for any damages.
The timing of the payment for the product price varies depending on the payment method selected by Users.
(1) In the case of credit card payments, Amazon account payments, AliPay payments, WeChat Pay payments, Google Pay payments and Apple Pay payments:
・ At the time of order (Withdrawal from the User's account, etc., will be made on the debit date designated by each credit card company with which the User has a contract.)
(2) In the case of convenience store payment (advance payment)
・ Within 8 days after the completion of the User's order
(3) In the case of convenience store payment (deferred payment)
Within 14 days from the invoice date
(4) In the case of COD
At the time of the delivery of the ordered product
(5) In the case of subscription
・ In accordance with Article 16 (Special Agreement on Subscription).

Article 5 Consignment of Settlement Process

The Company shall consign the settlement process related to the Service to a third party (hereinafter referred to as the "Settlement Consignee") will be entrusted to the company.
Users acknowledge that the Settlement Consignee will conduct the settlement business related to the Service and that the Company will disclose and provide the Settlement Consignee with information necessary for such settlement.
If the User chooses to pay by credit card, the credit card number, expiration date, security code, and all other credit card information will only be retained by the credit card Settlement Consignee. The credit card information entered by the user is sent directly to the credit card Settlement Consignee without going through the Company, and we do not obtain your credit card information.

Article 6 Transfer of Ownership

The ownership that arises from the trade established between Users and the Company shall be transferred at the following time according to each payment method selected by Users.
(1) In case of credit card payments, Amazon account payments, AliPay payments, WeChat Pay payments, Google Pay payments, and Apple Pay payments
When the full payment of the Product Purchase Price and Other Fees is made to the credit card company with which the User has a contract
(2) In the case of convenience store payment (advance payment)
When Users complete the full payment at the convenience store selected at the time of placing the order
(3) In the case of convenience store payment (deferred payment)
When Users complete the full payment of the Product Purchase Price and Other Fees at the convenience store
(4) In the case of COD
When Users complete the full payment at the time of delivery of the order

Article 7 Delivery

A User's orders will be shipped to the location specified by the User by the method specified by us. In addition, the User will be liable for damage or contamination that occurred after the arrival of the ordered product.
We will try to ensure prompt delivery after your order is completed, but delivery may be delayed due to natural disasters, system problems, or other unforeseen circumstances. In this regard, the Company will not be liable for any damages incurred directly or indirectly to users or third parties.

Article 8 Cancellation of your order

Users may cancel their order only if all of the following conditions are met; However, in the case of a product that the Company clearly states non-cancelation in advance due to reasonable reasons such as inventory disposal, the user may not cancel the product. (1) When you only order the products that will be delivered (2) When you come forward by the method prescribed by the Company before shipping the ordered product
If you choose the subscription service, this section will not apply.

Article 9 Cancellation of the Contract by The Company

Suppose the Company determines that it falls under one of the following reasons. In that case, the Company may not consent to the User's order before concluding the Agreement and may cancel the contract if it's after concluding the Agreement without prior notice to the User.

When it violates any of the articles of this Terms of Use
When the Company does not receive the consent to use as a result of the examination by a credit card company
When it is recognized that there is a false statement in the User's personal information
When the ordered product will be out of stock for an unknown period of time or when it is no longer produced
When we cannot deliver due to an unknown address or long-term absence of the User
When it is clear that important matters such as the displayed price are incorrect compared to the market price
When it is found that it is an order for profit, such as resale
When there is a petition for compulsory execution of payment suspension or insolvency or provisional seizure, seizure, auction, etc.
When there is a petition for the commencement of bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, special liquidation, or procedures similar to these
When Users do not respond to inquiries from the Company or other requests for more than 30 days
When it has been found that the User is a group of organized crime groups, organized crime group members, organizations related to organized crime groups, people who belonged to organized crime groups less than 5 years ago, semi-members of an organized crime group, sokaiya, antisocial groups that masquerade social movements / political activities or special intelligence violent group, etc., or it has a relationship deemed to be facilitating or substantially involved in these persons or groups, or other antisocial forces
In addition, when we recognize the necessity of canceling Users' orders

Article 10 Exchange and Return

1. We will accept the exchange of Users' orders only if all of the following conditions are met:
(1) When Users come forward about an exchange within 30 days after the arrival of the ordered product by the procedure prescribed by the Company
(2) When the damage or contamination has been caused before the User received the product, or the product sent is different from the order.
(3) When it's possible to return all products and product accessories, such as product packages (boxes), CD-ROMs, manuals, and paper pieces with serial numbers printed.
2. Returns of ordered items will only be accepted if all of the following conditions are met or if the Company is unable to prepare a replacement for the exchange request in the preceding paragraph. However, we may not be able to accept returns or exchanges due to the nature of the product.
(1) When Users come forward about a return within 14 days of purchase by the procedure prescribed by our company
(2) When the reason for a return is a duplicate order of the User or a difference in the form of the product.
(3) When the ordered product is unopened or unused
When Users choose the subscription payment method, this section will not apply.

Article 11 Restrictions on Orders

The Company may limit the total number of products offered through the Service, the number of purchases per user, and the length of time you can order them.
Use of this service is limited to Japan, except in cases specified explicitly by the Company. In addition, the shipment of the ordered product is limited to Japan.
Minors may use the Service only with the consent of a parent or a guardian.

Article 12 Limitation of Guarantee

The Company does not guarantee that the Service will match the specific purpose of use of the User or that the specific results will be realized.
The Company does not guarantee that users will be able to use the Service well in any operating system or web browser and is not obligated to verify the operation and make improvements in order to make such a guarantee.
The Company does not inspect, evaluate, or guarantee the products provided by the Service. In addition, the Company does not guarantee that the product descriptions provided by this service are complete and up-to-date.
The Company will make every effort to ensure that there are no bugs, etc., in the provision of the Service, but the Service is provided as-is, and the Company does not guarantee the absence of bugs or defects in the Service.

Article 13 Immunity

The Company is solely responsible for the Services to the extent limited in accordance with the terms of these Terms. The Company shall not be liable for any matters that are not guaranteed in each provision of these Terms, matters that are not held responsible, or that the user is responsible for, regardless of default liability, tort liability, or other causes of liability.
The Company shall not be liable for any transactions, communications, disputes, etc., arising between the User and the third party in connection with the Service.
This service uses external systems as part of the system. Therefore, when the external system is unavailable, the Service may also become unavailable. However, the Company will not be liable for any damage caused by the unavailability and is incurred by the Users.
Even if the User suffers damage in connection with the Service due to reasons attributable to the Company, the Company shall be liable for damages only if the Company is willful or grossly negligent.
In the case referred to in the preceding paragraph, the scope of liability liable by the Company shall not exceed the amount of consideration paid to the Company by the User for the last six months. In addition, the Company shall not be liable for any incidental, indirect, special, future, or lost profits.
If any provision in this Terms of Use that exempts or limits the Company's liability is deemed invalid or not effective under the Civil Code, Consumer Contract Act, or other laws and regulations, the Company is liable to compensate the User for any direct and real damages actually incurred.

Article 14 Special Agreement on Download

The download version product purchased through the Company is a product you can use by downloading the program, so there is no delivery of a CD-ROM. In principle, we do not provide CD-ROM at the time of support.
Downloaded products purchased through the Company can be downloaded only within the number or period prescribed. In addition, downloading from outside Japan is prohibited.

Article 15 Special Agreement on the Purchase of Rental Products

Users may purchase products that are subject to the rental agreement in accordance with the Company's designated procedures. In this case, if the provisions before Article 14 conflict with the provisions of each section of this Article, the provisions of each section of this Article shall take precedence. In addition, the products to be purchased (hereinafter referred to as "Rental Products to Be Purchased") ) shall be designated separately by the Company and are subject to change without notice.
Suppose the User makes an application to purchase rental products in accordance with the preceding paragraph, and the Company accepts this. In that case, the Company will sell the product to the User according to the purchase price when the User pays the purchase price separately specified by the Company. With regard to Rental Products to Be Purchased, the Company shall be deemed to have transferred ownership and delivered ownership of the Rental Products to Be Purchased at the time the User paid the purchase price to the Company.
When the User purchases rental products, the buyer may not demand the seller to repair, deliver replacement goods or compensate for the shortages, reduce the price or compensate for the damages, and shall not be able to cancel all or part of the sales agreement, even if the quality of the Rental Products to Be Purchased does not conform to the terms of the sales agreement.
When a user purchases rental products, the provisions of Article 10 of these Terms shall not apply, and no exchange or return will be accepted.
When you purchase rental products, unlike the purchase of new products, the period of the manufacturer's warranty made by the Company may be limited to the period prescribed by the Company. Details will be announced when you apply to purchase each Rental Products to Be Purchased.

Article 16 Special Agreement on Subscription

If you choose a subscription, this Special Agreement shall prevail if the terms for this Agreement and the terms related to the service fee payments stipulated in other terms of use are different.
To use the subscription service, you must register for the use of the subscription. At that time, user data and credit card information (credit card number, expiration date, security code) are required. When registering, Users agree to provide accurate and complete information, and you agree to update your information and keep it accurate and complete. Failure to provide accurate, up-to-date, and complete service registration information may stop or terminate your use of the Services. In addition, all actions taken in connection with the use registration are the responsibilities of the Users. The Company shall not be liable for any loss or damage caused by the User's failure to maintain the confidentiality of their use registration information, such as loss or leakage of the user's ID or password. If you are aware of or suspect a security breach with your subscription use registration information, please contact the Company from the Company's support page.
By registering for use as set forth in the preceding paragraph, Users shall be deemed to have agreed to use the subscription. The subscription is only permitted for use by the person who registered to use it. Even if you are a relative of the registered person, you cannot share and use the subscription. In addition, the user may not assign, lend, set as collateral, or otherwise dispose of the rights and obligations acquired under these Terms of Use to a third party.
The duration, usage fee, and payment period of the subscription will be determined by the method prescribed by the Company for each service. The subscription period, usage fee, and payment period will also be displayed on the subscription use registration screen. In addition, if the user registers to use the subscription unless the cancellation procedure is carried out in accordance with Paragraph 7 of this Article, the payment for the next subscription period will automatically be incurred.
It may take some time to review your credit card information. In that case, a subscription starts, and the use of the Service begins from the day the credit card authorization is completed.
The Company may suspend, limit or terminate the subscription in the following cases.
(1) When the user delays or does not perform the payment obligation or other obligations under these Terms of Use
(i) If payment cannot be confirmed even after the payment date of the Usage Fee has exceeded, the use of the Service may be suspended, restricted, or terminated from the next subscription period.
(ii) In the event of any delay in the performance of other obligations under these Terms of Use, the Company shall comply with the preceding paragraph.
(2) When the Service cannot be provided due to a failure, malfunction, or other reason of the server, communication line, or other equipment
(3) When performing regular or urgent maintenance, inspection, repair, or change of the system
(4) When the Service cannot be provided due to fire, power outage, etc.
(5) When the Service cannot be provided due to natural disasters such as earthquakes, eruptions, floods, tsunamis, etc.
(6) When the provision of services is impossible due to war, disturbance, riot, civil commotion, labor dispute, or other unforeseen circumstances
(7) When it is judged that temporary suspension of the Service is necessary for operational or technical reasons
Users may cancel their subscription by completing the cancellation procedure by the method prescribed by our company. In this case, the subscription usage fee already paid shall not be returned.
If the User falls under an item of Article 9, the Company may cancel all or part of the subscription without prior notice or a formal demand.
If any reason set forth in the preceding paragraph applies, the User shall lose the benefit of time for all debts owed to the Company and must pay the Company all debts immediately.

Article 17 Handling of Personal Information

We will handle your personal information appropriately in accordance with the "Privacy Policy."

Article 18 Other Terms of Use

Matters not stipulated in these Terms shall be in accordance with the terms of use stipulated by the Company.

Article 19 Changes to These Terms

As well as to meet the general interests of the customer, the Company may change the contents, conditions, and other contents of this Agreement within the scope of the purpose of the Service in accordance with the provisions of Article 548-4 of the Civil Code, if it is recognized that there are various changes in circumstances such as social conditions, economic conditions, changes in taxation, changes in laws and regulations, changes in actual conditions related to the Service, and other reasonable reasons.
When the Company makes changes to these Terms of Use in accordance with the provisions of the preceding paragraph, the Company shall display the contents of the revised Terms of Use on the Company's website or notify the User by the method prescribed by the Company. The revised Terms of Use shall apply from the date after a reasonable period of time.
If the User does not wish to continue using the Service after the Term of Use has been changed pursuant to the provisions of Paragraph 1, the User may request cancellation of the Service by the method prescribed by the Company until the date on which the revised Terms of Use prescribed in the preceding paragraph apply.

Article 20 Agreement Jurisdictional Court

In the event of a dispute with the User and the Company regarding these Terms of Use, both parties shall resolve the matter in good faith. If it is difficult to resolve and a lawsuit is necessary, the Tokyo District Court shall be the exclusive court of jurisdiction for the first instance.

Article 21 Governing Law

The laws of Japan shall govern the interpretation and application of these Terms of Use.

Enactment of supplementary provisions: February 1, 2022
Revised: April 13, 2022