Terms of Service
Article 1. General Provisions (Purpose of this Terms of Service)
This Terms of Service defines that KURE GRINDING WHEEL CO.,LTD. (hereinafter, referred to as "Company") for services related to communication sales operated (hereinafter the "Service"), also, the Terms of Service with respect to transactions with the Company (hereinafter the "Transactions").
Article 2. (Definition)
The terms used in this Terms of Service mean as follows:
・The "Kuretoishi EC site", refers to the content in general in this website that Company manages and operates.
・The "user" refers to a business operator in general and this service and the trading of the customer who was registered by Company.
・The "commodity" is refers to the goods which are supplied by the Company to the user in a transaction.
Article 3. (Scope of this Terms of Service)
This Terms of Service shall apply to any relationship with respect to the present services and transactions between the user and the Company.
Our provisions on the use and trade of this service to notify the user if there is any necessity to ensure the smooth operation of the Service and transactions, shall constitute a part of this Terms of Service.
Article 4. (Amendment of this Terms of Service)
The Company shall be able to amend this Terms of Service as its necessity without obtaining the user’s consent.
Article 5. (Registration and restriction of the users.)
1.To apply this service, it is required the users’ consent for the Terms of Service , and the registration which is defined by the Company. However, if the Company determines that anyone is ineligible as the user, there would be some case that the applicant is not authorized as the user. And, the reason of the ineligibility shall not be disclosed to the applicant.
2.This service shall be applied only to the users. Applicant obtains the eligibility at the time he/she registers as the user.
3.After the user is registered and the Company finds out any ineligibility of the user, the Company may cancel said registration.
Article 6. (To modify sending address etc.)
1.To modify the contents of user’s registration, it shall be done by user, its own his/herself, from “My page” of the website.
2.If the user fails to notify the registered contents had changed, and the service that the user requires is not offered , it would be self-responsibility of the user, and shall not be assumed any responsibility of the Company.
Article 7. (Control of User ID and Password)
1.User shall set the user ID and password by itself and perform the login.
2.Management of user ID and password shall be responsibility of the user. User who owns the ID must take his/her responsibility of the act using the ID and password. Users shall not allow any third party to use the user ID and password, or to lend, transfer, and name change. Nor shall not take any disposal, buying and selling, such as a pledge.
3.Unless the case is resulted from the Company, if user ID and password of the leakage or use without approval occurs, compensation for damage caused to the user shall not take place at all from that time. Attributed to the user’s responsibility and leakage of user ID and password to any third party due to unauthorized use, if the Company has suffered a loss, the Company may claim the compensation for the damage to the user.
4. In the unlikely event that user ID had been utilized without user’s approval, or user ID and password was leaked to any third party, the user shall contact immediately to the Company.
Article 8. (Notification method from the Company to the user)
Notification from the Company for the user on the Kuretoishi EC site, shall be conducted by the method which the Company deems appropriate, such as FAX, E-mail, mail, or telephone.
Article 9 (User information handling)
1.Users’ information such as transaction history of the service and reported to the Company at the user registration, a variety of information associated with the use of this service, will be recorded to the Company’s computer.
2. The Information of user’s registration obtained in order to operate the service, and the users transaction history of the Company, the Company shall use them for the following purposes.
(1) In order to carry out the delivery and after sales service of goods.
(2) Sending of catalogs and DM, as well as FAX, such as sending E-mail, in order to deliver the information of Company’s service and business
Article 10. (For provision and deposit of personal information)
Personal information which the Company collects such as User’s company name, responsible department, name of the person in charge, address, telephone number, FAX number, date of birth, e-mail address, shall not be provided and disclosure to any provision and disclosure to any third parties except below mentioned cases.
(1) Including the preceding paragraph of the server registration, the case which is necessary for the operation of this service.
(2) The case which the Company obtains the user’s prior consent and approval.
(3) The case which requires the investigation and confirmation of personal credit information agency regarding the user’s ability of payment.
(4) The case which the credit card company inquires for the unauthorized use of the user’s card.
(5) The case which must provide the information conforming the laws and regulations, such as the court.
(6) The case that there is necessity to protect the Company’s rights or property
(7) The case that there is a necessity to protect the interests of the other users.
Article 11. (The responsibility of the user)
1.Users shall conform the regulations such as, conditions of use of the network that user is connected for the service, procedures, and policies and terms. In addition, the user upon using this service, shall not take the action that corresponds to the following items, listed below.
(1) The act of using the Service other than the purchase purpose of Kuretoishi product
(2) Copyright of the Company or a third party on the information contained in this service, act of infringement of the trademark rights or other rights, or any act that raises the possibility of the infringement.
(3) Act to Interfere and confuse with the servers or networks connected to this service.
(4) Regardless of the method or regardless of the act to interfere with the operation of this service.
(5) Claiming a non-person user, or claiming as representative of any organization even though he/she has not obtained right to represent or delegates the authority, or the act of disguise the tie-ups or cooperative relationships with the other person or organization and obtain plurality of ID with malicious purposes.
(6) Deliberately, regardless of negligence, the act of violation of this Terms of Service or the laws and regulations
(7)Acts to be used ID or password illegally or to let be used by any third party.
(8) Act to modify the information to provide on this service without the Company’s approval.
2.If the user has performed any acts of each item of Article 1 of this Terms of Service, or if either of the following items, the Company do suspend expulsion disposal or the service of the user. In addition, relevant user shall lose the benefit of all the debt in time that occurred in the services and trading. And the user shall assume the obligation to pay immediately the full debt to the Company.
(1) If the user delay or fails to pay the debt of this service or transaction
(2) If the user issues or underwriting bills and checks, and subjected to a dishonored disposal, or stopped payment
(3) If the user has been made the allegation of, seizure, provisional seizure, provisional disposition, enforcement, bankruptcy, Civil Rehabilitation Law, or company’s reorganization, special liquidation.
(4) If the user of the property state is worsening, or objective circumstances exist under which it is recognized that there is a possibility of occurrence.
(5) If the user’s itself, or owns related companies and parties of crime syndicate, its related companies or officials, racketeers, and the other anti-social forces.
(6) If the user is recognized as violated the corruption acts or laws of each country, including Japan, US, or UK, (Japanese Unfair Competition Prevention Act, the US Foreign Corrupt Practices Act, the UK Bribery Act, etc.).
(7) If the user is stated in the governments of trading restricted list, including Japan, or has any business relationship with a person in those lists.
(8) Other, if the inappropriate and the Company has determined as being a user
3.In the case that the user exports the products , shall comply the relevant laws and regulations and it is the responsibility of the user, and hall not take the diversion of goods contrary to the relevant laws and regulations.
(1) All products shall be subject to the relevant laws and regulations in Japanese Law
(2)All products which includes US-made goods and were made in U.S., shall also be the subject of the relevant laws and regulations in the US. Law.
Article 12. (Sales Contract and process to order the goods)
1.After the user registration of the Company is done, then the user’s order or the service of the product becomes available. It should be noted that, at the time of the order of products that use this service, the user shall be required to enter a user ID and password.
2.The purchase order of this service which had done with the use ID and password, shall be deemed by the
Company that was done with valid intention and legitimate order.
3 In the case that has passed or credit card payment review was confirmed by the method of payment which is set forth in Article 13 of this Terms of Service, the shipment process of products shall be initiated. Cancellation and change of order purchase after it is done, is not possible in principle. Notwithstanding the foregoing, there is the case that in accordance with a predetermined conditions and procedures, the order might be cancelled or changed.
In advance the users shall be aware of, the sales contract should be established between the Company and the user. However, for the goods or services which the Company deems it especially necessary, it shall be subject to apply the individual methods and procedures
Article 13. (Settlement conditions and payment method)
Payment method from the settlement conditions ie user between the user and the Company and the payment method from the user to the Company will be done as the following method.
Payment by credit card.
(1) In principle, the payment for the goods shall be paid by credit card. Users shall be subjected to conform the condition of the Terms of Service entered with the credit card company, separately. It should be noted that, in relation to the use of credit card, if any dispute between such users and the credit card company occurs, it shall be settled with the responsibility between the user and the credit card company.
(2) Since the Company has a contract with the clearing house, the user, in the Web site to be specified separately by clearing house, the user shall perform designated procedure of the Company.
Article 14 (Product delivery)
1.The user consents in advance that the days required until product shipment shall be varied by the status of arrival, stock, and the other reason.
2.If there are deficiencies in the order contents, or typing errors in some articles, then the Company shall not be able to process order as regular ones, or also for any reason of transportation due to force majeure, such as traffic circumstances bad weather, year-end and New Year holidays, gifts or year-end season or during the summer vacation , by other circumstances, the user shall consent in advance that there is possibility of the delivery to the user shall not be within a predetermined delivery dates.
3.Because of the user’s Internet connection environment, it is possible that the time difference in the reception time at the Company and the transmission time at the user. In this case, the reception time of the Company shall be deemed as the user ordered time.
Article 15. (Flaw, returned goods, and receipt refusal of goods, etc.)
1.The users along with the arrival of the goods, and shall inspect the contents, immediately per the presence or absence of defects. If there is a defect in the commodity by any chance, immediately the user is assumed to contact the company, every quest of the causes of defect occurs at the user and the Company (hereinafter referred to as "both") and shall be addressed in good faith. Also with respect to liquidation or shipping of replacement of a commodity of the flaw, and shall deal with both sincerity.
2.The Company, if the defect or defects only for the damage that corresponds causal relationship caused to the user, and shall bear the liability of the price of goods alone that flaw r defect occurs as the upper limit. In addition, with respect to lost profits on the user side of the business by this section the description of the matter, the Company shall not undertake it.
3.Expenses such as shipping charges applied to the returned goods by the user’s convenience shall be burden to the user.
Returned goods acceptance of goods shall be done within two weeks from date of shipment of the invoice described. Non-returnable items or, goods other than the initial failure shall not be accepted. The returned goods, within two weeks from the returned goods reception date, shall be returned according to the Company’s specification method. If the date is exceeded more than two weeks from the return request had made, it shall be deemed that the user has no intention to return it, and then the return request shall be cancelled. At the same time, claim of the amount for the commodity shall be effective. In addition, the exchange is not possible in any case, it shall be created new order of the products which the user wishes after the return process has done.
4.Non-returnable product after order processing finalized, it shall not be accepted returning goods and it’s cancellation. Returned goods refund, it shall be done after the arrival of the returned goods is confirmed.
5.Even though the products which the user ordered, even though been delivered to the to the "delivery destination" of "order confirmation", and the reason is for the user’s convenience and he/she does not receive relevant goods, the user will be charged equivalent amount of the goods as his/her penalty.
6.For the return of goods shall be only accepted the cases which are described above. It should be noted about withdrawal and sales cancellation of provision of Article 15-2-1, main clause of the Act on Specified Commercial Transactions does not apply.
Article 16. (Installation and maintenance of equipment by the user)
Users, install at its own expense, communication equipment that is required in order to receive this service on-line (including the telephone service contract), computers and other equipment, such as software (hereinafter to as "such as a user equipment") . The user, when subjected to this service, with its own cost and responsibility to maintain so as to operate successfully, such as user equipment, it is assumed that access to the WEB site via the selected provider.
Article 17. (Copyrights)
Copyright of the database of the service, design and composition of the site, the copyright of the work, such as the screen to post information of the product is attributable to the Company, the user obtained through the Company’s duplication, sale, shall not published any information. In addition, the user shall not be providing any services to a similar, or competing this service by using the information that has been posted on the Kuretoishi EC site.
Article 18. (Disclaimer)
Any case of natural disasters, enactment abolition of laws and regulations, traffic accidents, the disposal based on the exercise of public authority, accident of transportation, if any inability of delay or delivery of goods , delivery by labor disputes, r other unavoidable circumstances, the Company shall promptly notify the user . However, even though the user is suffered by any damage, the Company and agency shall not be liable for compensation in any way.
The Company, when users enter personal information to the site or any, shall be pay attention to security, the user recognizes that there is a risk that any such information leakage occurs, at any time shall not be said that 100% safety.
Article 19. (Amendments for service, price, or specification)
The Company shall amend or update some or all of this service without giving prior notice to the user. In addition, there is a case that posted the item price or specification changes or handling shall be canceled without giving prior notice to the user.
Article 20. (Discontinuing the service)
If any matter is applicable to each of the following items, the Company shall discontinue temporary some part or all of the service without giving prior notice to the user.
(1) If the Company urgently carries out the maintenance and updating of this service.
(2) Due to force majeure, such as, fire, power failure, or disaster, offering the service is in the difficulty.
(3) In the other case that the Company determines, operationally or technically, the temporary service is required suspension or the temporary suspension is required by unforeseen circumstances.
Article 21. (Governing law)
This Terms of Service shall apply the laws of Japan with respect to performance and interpretation respect to its establishment, efficacy, performance and interpretation.
It should be noted, and shall not apply in the United Nations Convention on Contracts for the International Sale of Goods (Vienna Sales Convention).
Article 22. (Jurisdiction)
If the dispute with respect to this Terms of Service has occurred, and the Tokyo District Court shall be as the first of the exclusive jurisdiction of the courts.
Article 23. (Subject for discussion)
On the matters of dispute on the interpretation of the terms and conditions stipulated, no matter and the Terms of Service, the user and the Company shall be to discuss in good faith resolution.