rules
Article 1: About this Agreement
1. The purpose of these Terms and Conditions is to define the rights and obligations between the Company and its customers with respect to all transactions in which OBATA-SUIKOSHO Co.,Ltd. (sales company: OBATA-SUIKOSHO Co.,Ltd., hereinafter referred to as the “Company”) sells its products (hereinafter referred to as the “Products”) to customers and the services associated with such sales (hereinafter referred to as the “Services”). The purpose of this agreement is to define the rights and obligations between the Company and the customer in relation to all transactions in which the Company’s products (hereinafter referred to as “Products”) are sold to the customer and all related services (hereinafter referred to as “Services”).
2. The Company may change these Terms of Use in accordance with the provisions of Article 548-4 of the Civil Code.
3. In the event that the contents of these Terms and Conditions differ from the rules and other explanations of the Service outside these Terms and Conditions, the provisions of these Terms and Conditions shall take precedence.
Article 2 Order and Payment
1. You may order products from us through the Site.
2. Each contract between our company and a customer regarding this service (hereinafter referred to as “individual contract”) shall be concluded when our company sends an order e-mail to the customer after the order is placed by the customer.
3. Payment by the customer under the individual contract will be completed in accordance with each of the following items, depending on the payment method. After payment by the customer is confirmed, we will notify the customer of the completion of payment.
（1）In the case of payment by credit card When we have obtained approval for payment from the credit card company
（2）When using deferred payment for businesses (Paid Settlement) When we are able to obtain approval for payment by the agency
4. Although we make every effort to maintain the accuracy of product information on this website, catalogs, and other promotional materials issued by our company, we cannot guarantee the accuracy of such information. When ordering a product, please confirm the details of the product with the customer.
Article 3 Inventory
1. We will make every effort to display as accurately as possible the quantity of products in stock displayed on the Site.
2. Notwithstanding the preceding paragraph, the indication of the quantity in stock on the Site does not constitute a promise by us to you that we will maintain such quantity of the Product until the time of your payment. If the quantity in stock changes drastically in a short period of time, we may not be able to ship the product due to insufficient stock at the time of your payment. In such a case, the Company may cancel the individual contract, and the Company shall settle the account by refunding the Customer the money already paid by the Customer without interest (in the case of credit card payment or deferred payment payment for businesses (Paid payment), the Company shall cancel the approval.)
Article 4 Shipping and Delivery of Goods
1. The customer is responsible for delivery charges.
2. Please note that we may not be able to meet your requests for product delivery dates due to product arrangements and other reasons. Please understand this in advance.
3. Although we may inform you of the scheduled delivery date of the product, this does not guarantee that we will be able to deliver the product on that date.
4. Arrival and shipping schedules are subject to change due to the convenience of warehouses, carriers, shipping companies, etc., inclement weather, traffic conditions, and other circumstances.
5. As a general rule, goods will be delivered by the car side. Please note that we do not deliver the goods into the property.
6. Delivery of the goods is completed when the ordered goods are delivered to the delivery location agreed upon between us and the customer.
7. If the customer is unable to receive the merchandise for an extended period of time, a separate storage fee may be charged. However, the storage period of the merchandise shall be determined at the discretion of the Company, and the Company may dispose of the merchandise at its discretion after the storage period has elapsed, and the Company shall not be liable to the customer for any damage or loss of the merchandise during storage, unless the damage or loss is caused by the Company’s willful misconduct or gross negligence. We shall not be liable to you for any damage or loss of the goods unless the damage or loss is caused by our intentional or gross negligence in storing the goods.
Article 5 Return or Exchange of Defective Products
1. In the event of defects such as scratches, damage, stains, or malfunctions (“defects”) in the purchased product, we will return or exchange the product in accordance with the following paragraph.
2. If you wish to return or exchange a defective product, please contact us in advance at contact@obata-suiko.com We will accept the return or exchange only if all of the following conditions are met
（1）The customer has contacted us within 8 days of receipt of the product to return or exchange it.
（2）Our company is able to confirm the condition of the product through photographs, confirmation of the actual product, etc.
（3）That we have determined that the product is defective after checking the condition of the product.
3. In the event of a return or exchange of merchandise due to defects, we will bear the shipping costs.
Article 6 Warranty
We guarantee the quality of our products to the customer in accordance with the warranty conditions specified in the warranty card.
Article 7 Disclaimer of Warranty and Disclaimer of Liability
1. The Company shall not be liable for any defects in the goods caused by installation performed by the customer or a third party.
2. Although we disclose the installation method of our products (hereinafter referred to as “installation method”) on this website and other places, please understand that the installation method is for reference information only. For any defects or contractual non-conformities related to installation, please contact the contractor who was commissioned to perform the installation directly.
3. We shall not be liable for any damages incurred by you in the following cases, except in the case of willful misconduct or gross negligence on our part
（1）If damage is caused as a result of misuse of the product by the customer
（2）If damage is caused as a result of using the product for purposes other than general residential use
（3）In the event of damage caused by force majeure such as natural disasters
（4）If the product is installed or used outside of Japan
（5）If you have lost your product warranty card
（6）If the product warranty does not include the date of delivery of the product to the customer
Article 8 Liability for Damages
When it is necessary for us to compensate the customer based on these Terms and Conditions, etc., we shall compensate the customer up to the amount paid by the customer to us for the Service, except in the case of willful misconduct or gross negligence on our part, and if the customer has already paid us, we shall refund the equivalent amount, and if payment has not been made, we shall respond by reducing all or part of the amount. If the customer has not yet paid the Company, the Company shall respond by reducing all or part of the amount.
Article 9 Cancellation of Contract
1. After an individual contract has been concluded, cancellation or termination of the contract for the customer’s own reason will not be accepted as a general rule. Please understand this in advance.
2. In addition to what is separately stipulated in these Terms and Conditions, we may immediately terminate all or part of an individual contract without any notice in the event that the customer falls under any of the following.
（1）When the customer does not receive the goods even though we have transported them to the delivery location.
（2）When a petition for compulsory execution, provisional seizure, provisional disposition or other temporary restraining order, delinquent payment of taxes or public dues, or auction has been filed
（3）When there is a petition for insolvency or the commencement of bankruptcy, corporate reorganization proceedings, civil rehabilitation proceedings, special liquidation, or other similar legal liquidation proceedings.
（4）When a resolution is passed to reduce capital, abolish or change business, or transfer all or a significant part of business to a third party
（5）When a resolution is passed or an order of dissolution is issued, or when liquidation or voluntary liquidation proceedings are initiated
（6）When a supervisory authority has imposed a suspension of business or revocation of business registration, etc.
（7）When a bill or check drawn, underwritten, endorsed, or guaranteed by the Company is dishonored
（8）When it is found that the applicant has some relationship with organized crime groups, companies affiliated with organized crime groups, or other antisocial forces.
（9）the Company fails to fulfill its obligations under these Terms and Conditions
（10）In the event of any other significant deterioration of credit or breach of trust.
3. In the event of cancellation of this Agreement, the Company shall settle the account by refunding to the Customer, without interest, the amount of money already paid by the Customer, less the cost of arrangement and delivery of the goods and any other damages incurred by the Company (hereinafter collectively referred to as the “Penalty”). In the event that the amount of the penalty exceeds the amount of money already paid by the Customer, the Company shall be entitled to demand compensation from the Customer for the excess portion.
Article 10 Personal Information
Personal information shall be in accordance with the Privacy Policy set forth on this website.
Article 11 Vesting of Rights
1. All intellectual property rights (“Intellectual Property Rights”) related to the Site and the Service belong to us or to those who have licensed them to us.
2. You may not use the Intellectual Property Rights for any purpose other than personal use.
Article 12 Exclusion of Antisocial Forces
1. If we recognize that the customer (including the customer’s directors, auditors, executive officers, corporate officers, advisors, consultants, and other persons who substantially control or are involved in the customer’s management or operation, and persons who represent or intercede for the customer in transactions based on these Terms and Conditions) falls under any of the following items (including a person who controls the customer’s management or operation, a person who is involved in the customer’s management or operation, or a person who acts as an agent or intermediary for the customer in transactions under these Terms and Conditions), the Company may immediately cancel all or part of the individual contract without notice or demand.
（1）The customer is a Bouryokudan, a Bouryokudan member, a person who has been a Bouryokudan member for less than 5 years, a quasi-organized member of a Bouryokudan, a company or organization affiliated with a Bouryokudan, a general meeting house, a socially motivated gangster, a political motivated gangster, a special intelligence group or its related persons, or other anti-social forces (hereinafter referred to as Bouryokudan or other anti-social forces), or or other antisocial forces are substantially involved in the management or operation of the customer.
（2）When the applicant uses the power of anti-social forces such as organized crime groups or persons related to anti-social forces such as organized crime groups, etc., with the intent to gain unjust profits for the company, self, or a third party, or to cause damage to a third party.
（3）When the applicant cooperates with or is involved in the maintenance or operation of anti-social forces such as organized crime groups by providing funds, etc. or favors to such anti-social forces such as organized crime groups.
（4）When a party to a contract related to the individual contract (hereinafter referred to as the “Related Contract”) or a party acting as an agent or intermediary is found to be an anti-social force such as organized crime groups, and despite being requested to take necessary measures such as termination of the Related Contract (hereinafter referred to as the “Measures”), the party fails to immediately implement and complete the Measures without justifiable reason.
（5）When the applicant has some kind of relationship with anti-social forces such as organized crime groups that would encourage or contribute to the operation of anti-social forces such as organized crime groups, even though the applicant is not legally obligated to do so.
（6）When a company, organization, or individual is knowingly using a company, organization, or individual that is involved in the management or operation of anti-social forces such as organized crime groups.
（7）When, in relation to transactions under this Agreement, the Company has received undue intervention from anti-social forces such as organized crime groups, but has failed to report the fact of such intervention.
（8）When a member engages in violent, threatening, or intimidating illegal acts.
（9）When the applicant has obstructed the business by using deceptive means or force.
（10）The company has violated any one of the Law Concerning Prevention of Unjust Acts by Organized Crime Groups (Law No. 77, May 15, 1991) and its enforcement regulations, etc., the Guidelines for Preventing Damage Caused by Antisocial Forces to Businesses (June 19, 2007, Guidelines by the Executive Committee of the Cabinet Council on Crime Control), or the Ordinance on the Elimination of Organized Crime Groups.
2. The customer and the Company represent and warrant to each other that they do not fall under any of the items of the preceding paragraph and that they will not fall under any of the said items in the future.
3. In the event that the cancellation is made in accordance with Paragraph 1 of this Article and damages are incurred by the Company, the customer shall compensate the Company for the damages incurred. In addition, the customer shall forfeit the benefit of time with respect to all debts owed to the Company upon such cancellation.
4. We shall not be obligated to compensate you for any damages even if you suffer damages as a result of the cancellation pursuant to Paragraph 1 of this Article.
5. When a party to an individual contract or a person acting as an agent or intermediary is found to be an anti-social force such as a crime syndicate, and the customer is requested by the customer to take these measures, the customer shall immediately implement and complete these measures, except when there is a justifiable reason.
6. If the customer and the Company receive undue intervention from anti-social forces such as organized crime groups in connection with transactions based on individual contracts, the customer and the Company shall immediately report to the other party to that effect.
Article 13 Transfer
1. You may not assign, transfer, pledge, or otherwise dispose of your position under these Terms and Conditions or your rights or obligations under individual contracts to any third party without our prior written consent.
2. In the event that we transfer the business related to this service to another company, we may transfer the position under the individual contract, rights and obligations based on these Terms and Conditions, customer registration items and other customer information to the transferee of such business transfer, and the customer shall agree to such transfer in advance in this paragraph. The customer shall be deemed to have agreed in advance to such transfer in this paragraph. The business transfer in this paragraph shall include not only ordinary business transfers, but also corporate divestitures and any other cases in which a business is transferred.
Article 14 Severability
If any provision of these Terms and Conditions or any part thereof is determined to be invalid or unenforceable under the Consumer Contract Act or other laws or regulations, the remaining provisions of these Terms and Conditions and the remaining portions of any provision determined to be invalid or unenforceable in part shall remain in full force and effect.
Article 15 Method of Dispute Resolution
If any question arises between you and us regarding the interpretation of these Terms and Conditions, you and we shall discuss the matter in good faith and attempt to resolve it.
Article 16 Governing Law and Court of Jurisdiction
1. These Terms and Conditions and the individual agreements shall be governed by the laws of Japan. The parties agree to exclude the application of the United Nations Convention on Contracts for the International Sale of Goods.
2. The Otawara Summary Court or Utsunomiya District Court, Otawara Branch shall have exclusive jurisdiction in the first instance over any and all disputes arising out of or in connection with the Terms of Use or the Service.
Established on March 8, 2024