Article 1 (Scope of Term of Use)
This Terms of Use shall apply to all matters relating to the use of the Prodigy Online Shopping service between Prodigy Co., Ltd. (hereinafter “the Company”) and Customers. Please read the following terms and conditions (hereinafter referred to as “Terms of Use”) in advance and use the Prodigy Online Shopping service only after you agree this Terms of Use. If you do not agree, please refrain from using the Prodigy Online Shopping service. You are deemed to have accepted the following Terms of Use if you use the Prodigy Online Shopping service.
Article 2 (Definitions)
1.“Online Shopping” means a service using internet that allows customers to purchase products or services (hereinafter collectively referred to as “Products”) from the website operated by the Company.
2.“Customer(s)” means a person(s) who purchases Products using Online Shopping service after agreeing to the Terms of Use.
Article 3 (Individual Terms)
In addition to this Terms of Use, the Company may establish an individual terms (hereinafter referred to as the “Individual Terms”) regarding the use of Online Shopping service by Customers. If such Individual Terms are established, such Individual Terms shall apply together with this Terms of Use. In the event where there is a discrepancy between this Terms of use and the Individual Terms, the Individual Terms shall prevail, unless stipulated otherwise.
Article 4 (Customer Registration)
1. A Customer may use Online Shopping service using the ID and password set by the Customer or the membership number issued by the Company.
2. The Company assumes no liability or responsibility for the use and management of the ID and password set by the Customers or the membership number issued by the Company.
3. The customer shall be responsible for the use and management of the ID and password set by the Customer and the membership number issued by the Company, and shall not transfer, lend, disclose such ID, password and membership number to any third party nor shall the Customer allow any third party to use such ID, password and membership.
4. When the improper or inappropriate use of ID, password or the membership number issued by the Company by a third party is found, the Customer shall immediately notify the same to the Company.
5. The customer shall promptly notify the Company when there is a change in his / her information provided to the Company.
6. If the information requested by the Company is not provided during the membership registration procedure, or if the Company deems inappropriate, the Company may refuse such membership registration procedure.
Article 5 (Conclusion of Sales and Purchase Agreement)
1. Unless any of the following applies, the sales and purchase agreement between the Customer and the Company shall be deemed to have been concluded when the Company accepts the purchase order (when the purchase order is confirmed by the Company). In the event when any of the following applies, or when the Company reasonably determines that it is probable that the following applies, the Company may reject such purchase order, or may cancel the acceptance or confirmation after such acceptance or confirmation is made.
(1)When the information regarding the purchase order (name, address, email address, credit card number, and others) provided by the Customer is false, erroneous, or incomplete;
(2) When a quantity of Products ordered exceeds the prepared quantities and the Products cannot be procured;
(3) Whe an order is made for resale or unauthorized purposes;
(4) When the Company cannot contact the Customer and confirm that the purchase is not an unauthorized purpose;
(5) When receipt of the Product is refused multiple times for a COD order; or
(6) When an order similarly improper or inappropriate to the above items is made.
2. When any of the items prescribed in Article 5.1 applies, the Company may cancel or terminate the sales and purchase agreement by giving notice to that effect without delay.
3. The Company shall not be liable for any disadvantages, losses or damages incurred by the Customer due to the termination or cancellation of the sales and purchase agreement pursuant to Article 5.1 and 5.2 hereof.
Article 6 (Use of Credit Card)
1. The Customer may only use a credit card under his/her own name for the payment of the Products. Separate terms and conditions between the Customer and the credit card company shall govern the payment by the credit card.
2. In order to prevent unauthorized use of credit cards, when a high-priced Product is purchased by credit card payment, the Company may, at its sole discretion, may inquire about such purchase to the Customer. The Customer hereby acknowledge and agree that in the event when the Company cannot contact the Customer for the said inquiry for the purchase of the high-priced Product, there may be some delay in delivery or the Company, at its sole discretion, may cancel or terminate the sales and purchase agreement regarding such high-priced Product.
3.The Company shall not be liable for any disadvantages, losses or damages incurred by the Customer due to the termination of the contract in the preceding paragraph.
4.In the event of a dispute between the Customer and the credit card company or reimbursement agents, or others regarding the price of the Product or other duties and obligations, the Customer and the credit card company or reimbursement agents shall independently, without the involvement of the Company, resolve such dispute.
Article 7 (Cancellation)
Cancellation, for the purpose of this Article 7, shall mean Customer’s canceling of a Customer’s purchase order made by mistake. When a Customer wishes to cancel such Customer’s purchase order, the Customer may only cancel such purchase order before the Product corresponding to such purchase order is shipped for delivery and such cancellation shall be made via inquiry page on the website. Upon the receipt of the cancellation request before the shipment for delivery, the Company will call off such shipment. When a credit card was used for the payment of the cancelled purchase order, the purchase price shall later be refunded from the credit card company. Cancellation after the shipment of the Products for delivery, shall only be accepted when a problem or defect is found in the Product in accordance with the provisions of Article 8 hereof.
Article 8 (Return or Exchange of the Products)
1. The Company does not accept return or exchange of the Products due to the Customer’s fault or preference.
2. In the event where there is any non-conformity between the delivered Product and the contents of the Sales and Purchase Agreement, such as the delivery of a different item, and such non-conformity is due to the negligence of the Company, the Company will promptly replace, accept return or refund the Product.
3. Please note that the Company will not accept exchanges or returns in the following cases:
-When the request for the exchange or return is made eight (8) calendar days after the delivery of the Products;
-When there is a damage in the Products such as stain or damage caused by the Customer;
-When the packaging is open or when the Product is used (except when the defect is found after the packaging is open); and
-When the request for return or exchange is made due to the Customer’s preference.
4.When the return or replacement is made in accordance with Article 8.2 hereof, the Company shall bear the cost such as the shipping cost for such return or replacement.
5.In the event that delivery cannot be made due to reasons such as the provision of incorrect address by the Customer, a long-term absence, relocation, or rejection of the receipt of the delivery, the Customer shall bear the cost for the return of such undelivered Products. The same shall apply even when the shipping fee for the initial delivery is free.
6. In the case of the preceding Article 8.5, the Company may choose not to refund for the Product. Provided, however, that in the event when the Customer requests the reshipment of the Products and agrees to pay for the shipping cost for such reshipment, then the Company may, but not obliged to, reship the Product.
Article 9 (Prohibited Acts)
Customers are prohibited from doing any of the following when using Online Shopping service:
(1) Acts contrary to public order or acts related to criminal acts;
(2) Acts that are against and in breach of the applicable laws and regulations;
(3) Acts that infringe on the intellectual property rights, portrait rights, privacy, honor and other rights or interests of the Company, other customers or third parties;
(4)Election campaigns or similar acts and acts that violate the Public Office Election Law;
(5)Transmission of computer viruses or other harmful programs or information;
(6) Acts that interfere with the use of the Online Shopping Service by other customers;
(7) Acts that interfere with the operation of Online Shopping operations;
(8) Business conduct using Online Shopping service;
(9)Acts that fall under or that can reasonably expected to fall under items stipulated in Article 5.1 hereof or that can reasonably be expected to be in breach of this Terms of Use; and
(10)Acts that the Company deems inappropriate.
Article 10 (Service Suspension, Outage, Amendment of Service and Others)
1. The Company may suspend or temporarily suspend part or all of Online Shopping service without notice to the Customer if any of the following items shall occur:
(1) When maintenance inspection of facilities, equipment and others is necessary on Company’s end;
(2) When the services of Type 1 telecommunication carriers (telephone companies and others) or Type 2 telecommunications carriers (internet service providers, others) is not provided;
(3) When services cannot be provided due to natural disasters (earthquakes, floods, tsunamis and others) or power outages;
(4) When services cannot be provided due to human disasters (war, turbulence, disturbance and others) or other unexpected circumstances; or
(5) When the Company deems necessary.
2. The Company may change some or all of the content of Online Shopping services as deemed necessary without prior notice to the Customer.
3. The Company shall not be liable for any disadvantage, loss or damage caused to the customer due to the suspension, interruption or change of services based in accordance with this Article 10 hereof.
Article 11 (Acquisition, Purpose of Use and Management of Personal Information)
1. The Company shall properly manage personal information, such as name, address, and email address and others provided by the Customer (collectively referred to as the “Personal Information”) when a purchase order of the Product is made, in accordance with the “Privacy Policy” separately posted on the Company’s website.
2. The Company shall use Personal Information for the purposes below:
(1) For the delivery of purchased Products and services and payment therefor;
(2) For communication and inquiries necessary for the Company’s business;
(3) To respond to inquiries; and
(4) For the preparation and use of statistical data without identifying individuals.
3. The Company shall not provide Personal Information to any third party without the Customer’s consent except for the following cases:
(1) When required by laws and regulations;
(2)When there is a need to protect a human life, body or fortune, and when it is difficult to obtain a principal’s consent;
(3) When there is a special need to enhance public health or promote fostering healthy children, and when it is difficult to obtain a principal’s consent; and
(4) When there is a need to cooperate in regard to a central government organization or a local government, or a person entrusted by them performing affairs prescribed by laws and regulations, and when there is a possibility that obtaining a principal’s consent would interfere with the performance of the said affairs
* Please make sure to read the privacy policy as well.
Article 12 (Copyrights)
The Customers shall agree and acknowledge that all copyrights, trademark rights, design rights, portrait rights and other personal or property rights related to the content (text, images, video, audio, programs and others) posted on the Online Shopping website screen belong to the Company or other legitimate holders of such rights. Reproduction, duplication, disclosure, adaptation, and others (except for the private use) of such contents are prohibited without the permission of the corresponding holder of the rights in such contents.
Article 13 (Links)
The Company shall not be liable for any damages or losses arising out of or in connection with the use or contents of any third party’s website to which the Company establishes the link on its website or establishes a link to the Company’s website (collectively, the “Linked Website”). Establishment of a link to the Company’s website is free in principle. Provided, however, that depending on the content of the Linked Website or manner in which the Company’s website is linked, such as in a manner contrary to or against public order and public policy, the Company may refuse such link before or after the establishment of such link.
Article 14 (Disclaimer)
1. The Company shall not be liable for any damages arising out of or in connection with reasons not attributable to the Company, such as typographical errors or omissions in the information provided by the Customer when the order is made, or character corruption that would render the order illegible.
2. The Company shall not be liable for any damage caused to the online system of the Customer when using the Online Shopping service.
Article 15 (Compensation for Damages)
The Customer shall be liable for the losses and damages incurred by the Company if such loss or damage is caused by the breach or violation of this Terms of Use by the Customer or other improper or inappropriate actions or measures taken by the Customer.
Article 16(Amendment to the Terms of Use)
The Company may change or amend this Terms of Use and Individual Terms. Unless otherwise provided by the Company, the amended Terms of Use and Individual Terms shall take effect on the effective date so notified on the Online Shopping website, and
Customers shall deemed to have agreed and accepted the amendment when such Customer uses Online Shopping service after the effective date of the amendment.
Article 17(Dispute Resolution)
If any doubt or dispute arises out of or in connection with this Terms of Use, or if any dispute arises for matters not prescribed herein between the Customer and the Company, such dispute shall be resolved in consultation with each other in good faith.
Article 18(Jurisdiction)
Any dispute arising out of or in connection with this Terms of Use shall be subject to the exclusive jurisdiction of Tokyo Summary Court or Tokyo District Court.
Article 19 (Governing Law)
The establishment, effect, performance and interpretation of this Terms and Use shall be governed by laws of Japan.
Supplementary:
This Terms of Use shall apply from October 1, 2019.
