Terms of Service

Toriaina Co., Ltd. (the "Company") sells the products listed on the online shop "AKAFUJIRYUICHI" (the "Site"), which the Company manages and operates, in accordance with the following Terms of Service (such sales being the "Service").

Article 1: Application of These Terms

• 1. Anyone who uses the Service (a "Customer") is asked to read these Terms of Service (these "Terms") carefully and to use the Service only after agreeing to their contents.
• 2. These Terms set out the conditions for using the Service and the rights and obligations between the Company and Customers arising from the Service, and apply to every aspect of the relationship between the Company and Customers concerning the use of the Service.
• 3. If the conditions of sale in these Terms differ from the conditions of sale stated on the Site, the conditions stated on the Site take precedence.
• 4. The Company may change these Terms at any time when it considers it necessary. A change takes effect when the Company posts the revised Terms on the Site.

Article 2: Customer Obligations When Using the Site

• 1. Customers shall comply with these Terms when using the Site.
• 2. When using the Site, the following acts, and acts that may amount to them, are prohibited. If the Company determines that a Customer has committed a prohibited act, the Company may claim damages from the Customer, demand that the act cease, and take other such action.
  (1) Applying for a purchase using false information or another person's information
  (2) Acts that harm the rights, interests, reputation, etc. of the Company, other Customers or third parties
  (3) Acts that interfere with the operation of the Site or may hinder the provision of the Service
  (4) Ordering a product without any intention to buy it
  (5) Acts that violate laws, regulations, or public order and morals
  (6) Acts that violate these Terms
  (7) Acts that cause the Site to malfunction
  (8) Acts that place an excessive load on the Site or its servers
  (9) Copying, editing or altering all or part of the Site
  (10) Any other act that the Company considers inappropriate
• 3. If a Customer violates the preceding paragraph, or falls under any of the following items, the Company may terminate all or part of the contract without prior notice. The Customer also automatically loses the benefit of time on all debts owed to the Company and must immediately pay all of them to the Company.
• (1) The Customer stops payments or becomes insolvent, or a petition is filed for the commencement of bankruptcy, civil rehabilitation, corporate reorganization, special liquidation or similar proceedings
  (2) The Customer is a minor, an adult ward, a person under curatorship or a person under assistance, and has not obtained the consent, etc. of a legal representative, guardian, curator or assistant
  (3) The Customer dies, or a ruling to commence guardianship, curatorship or assistance is made for the Customer
  (4) The Customer is, now or in the future, a member of an organized crime group (boryokudan), or has not yet passed five years since ceasing to be one; or it is found that the Customer is an associate member of such a group, a company related to such a group, an antisocial force, or a person equivalent to any of these
  (5) The Company determines that the Customer has violated a contract with the Company in the past, or is related to such a person
  (6) There is no response for two weeks or more to an inquiry or other communication from the Company asking for a reply
  (7) The Company otherwise determines that it is inappropriate to enter into a sales contract
• 4. When using the Site, the Customer has the following obligations to the Company:
  (1) To check the product details when applying for a purchase, and to provide accurate information about the Customer (name, contact details, delivery address, etc.)
  (2) To choose products on the Customer's own responsibility before the purchase is confirmed, including checking the product dimensions and the delivery route
  (3) To receive the product promptly when it is delivered

Article 3: Application and Formation of the Sales Contract

• 1. A person who wishes to buy a product on the Site may apply by agreeing to comply with these Terms and providing the information specified by the Company (the "Application Information") in the manner specified by the Company.
• 2. The sales contract between the Company and the Customer is formed when the "Order Confirmation Email", titled "Notice of Order Completion" or similar, arrives at the email address the Customer provided.
• 3. The Company sends an automatic email to tell you that your purchase application has been received. This email only confirms that the Company has received the application; it does not notify you that the Company has accepted it. Depending on stock or other circumstances, the Company may be unable to accept a purchase application.

Article 4: Termination of the Contract

Even after the sales contract is formed, the Company may terminate the contract if any of the following applies. In that case, the Company bears no responsibility for any loss the Customer suffers as a result of the termination.

(1) Payment is not completed within the specified period

(2) The credit card company of the card the Customer uses notifies the Company that credit approval has failed

(3) It turns out that the ordered product is out of stock

(4) The product is damaged or otherwise defective before delivery and cannot be repaired

(5) The Customer does not receive the product within two months after completing the purchase application

(6) The product is returned to the Company by the delivery company because the delivery address the Customer specified is unknown, the Customer is away for a long time, or a similar reason

(7) The delivery address the Customer requests is in an area the Company's designated carrier does not serve, or delivery is not possible under the carrier's other rules

(8) Delivery is impossible for any other reason

Article 5: Payment and Shipping Time

• 1. The Customer shall pay by the method selected when applying for the purchase.
• 2. The following payment methods are available for orders under the Service:
  (1) Payment by credit card
  (2) Payment by bank transfer
  (3) Payment in cash (only if you can visit our warehouse)
• 3. If you use method (1) or (2) above, we ship the product after payment. If you use method (3), we hand over the product in exchange for payment, or ship it at a later date.

Article 6: Incorrect Display of Product Prices

If the Company mistakenly displays a product price on the Site lower than its actual selling price, the sales contract is invalid under Article 95 of the Civil Code (invalidity due to mistake), so we cannot accept a purchase application at the displayed price. In that case, instead of the "Order Confirmation Email" in Article 3, Paragraph 2, we will contact you by email or other means, stating that the price was displayed incorrectly and that we cannot sell the product at that price.

Article 7: Delivery and Handover of Products

• 1. Ordered products are delivered by a carrier designated by the Company to the location specified in the purchase application.
• 2. Fragile items that the carrier above cannot handle, such as products with two or more glass surfaces or delicately made objects, are delivered by the Company to the location specified in the purchase application. In this case, the delivery area is limited to Tokyo, Kanagawa, Chiba and Saitama.
• 3. If the Customer wishes to collect the product in person, it is handed over at the Company's warehouse.
• 4. If the Customer does not take delivery of the product at the specified place or at the Company's warehouse on the scheduled delivery or collection date, and the Company incurs losses such as storage costs as a result, the Company may claim damages from the Customer.

Article 8: Transfer of Ownership

Ownership of, and the risk in, a product the Company has sold to the Customer pass from the Company to the Customer when the product is handed over at the place the Customer specified or at the Company's warehouse.

Article 9: Returns and Cancellations

• 1. If a product is defective, is damaged in transit, or is not what was ordered, or in any other case where the Company considers a return appropriate, the Company accepts the return and pays the return shipping.
  
  When the product is delivered, please inspect it together with the delivery company's staff, and if you find any damage or defect, contact the Company on the spot.
  
  
• 2. In cases other than those in the preceding paragraph, returns and order cancellations for the Customer's convenience are not accepted. Examples include a product differing from the Customer's expectations, or a product that cannot be carried in because the access route is narrow.

Article 10: Repair and Refund for Initial Defects

We take every care with product quality. In the unlikely event of an initial defect, such as damage from an accident during delivery or a fault that interferes with normal use, please contact the Company at the time of delivery, with the delivery company's staff present. We will handle the return under Article 9, Paragraph 1, and the Company will examine the damage.

If the Company determines that repair is difficult, we will refund the full amount paid.
If repair is possible, we will ask for the Customer's preference and either repair the product or refund the full amount paid. If the Customer chooses repair, the Company will bear the repair cost and the cost of redelivering the product.

Article 11: Repair of Products Other Than for Initial Defects

For repairs other than for initial defects, we will give an estimate of whether repair is possible, the repair cost, the lead time and so on, according to the condition of the product. In this case, the shipping costs for returning and redelivering the product are borne by the Customer.

Article 12: Notes on Purchasing Old Furniture

The products sold on the Site are secondhand goods, so they have characteristics that differ from new products. Please read the page "About AKAFUJIRYUICHI Furniture" on the Site, which describes these characteristics, and place your order only if you accept what it says.

For the condition of each product, please check everything, including the photos and description on each product page and the page linked from the "View Product Details" button. (There may be fine scratches and stains that the photos do not show. Please understand this in advance.) If anything is unclear, be sure to contact the Company before you buy.

Article 13: Personal Information

The Company handles personal information obtained on the Site in accordance with the separately provided Privacy Policy, and the Customer agrees to this.

Article 14: Copyright

The copyright in all information, images, videos, logos, designs, etc. provided on the Site belongs to the Company or the information provider. They may not be used or published beyond the scope of private use by an individual user permitted by copyright law and other laws.

Article 15: Assignment of Position

1. The Customer may not assign, transfer, create a security interest over, or otherwise dispose of their position under the sales contract, or their rights or obligations under these Terms, to a third party without the Company's prior written consent.

2. If the Company transfers the business relating to the Site to another company, the Company may transfer its position under the sales contract, its rights and obligations under these Terms, and the Customer's application information and other customer information to the transferee of that business, and the Customer hereby agrees in advance to such a transfer. A business transfer under this paragraph includes not only an ordinary business transfer but also a company split and any other case in which the business is transferred.

Article 16: Disclaimers

• 1. Where a sales contract cannot be performed for reasons for which neither party is responsible, the Company and the Customer owe each other no legal obligation such as compensation for damages. Examples include: a notice that was sent does not reach the other party because of internet conditions or a communication line fault, so that the sales contract is not formed or lapses; payment is not processed because of an error by a credit card company; or a product cannot be delivered on the scheduled date because of force majeure such as natural disasters or traffic conditions beyond the Company's control.
• 2. The Company is not liable for any loss the Customer suffers because an email the Company sent did not reach the Customer, or arrived late, due to an error or change in the information the Customer entered when applying for the purchase, except where the Company acted intentionally or with gross negligence.
• 3. The Company may change or discontinue the structure of the Site, any content, page or service, the products it handles and so on at any time at its discretion, and is not liable for any loss the Customer suffers as a result, except where the Company acted intentionally or with gross negligence.
• 4. The Company strives to keep the information provided on the Site accurate, reliable, safe and useful, but gives no guarantee that the Site, or the content or any other information provided through it, is free of errors, bugs, malfunctions or security flaws, or that it does not infringe the rights of third parties.
• 5. The Company is not liable for loss caused by a system interruption, delay or suspension, data loss or unauthorized access to data resulting from a failure of communication lines or computers, or for any other loss the Customer suffers in relation to the Service of the Site, except where the Company acted intentionally or with gross negligence.
• 6. In addition to the matters in the paragraphs of this Article, the Company is, in principle, not liable for any loss the Customer incurs in using the Service. However, if these Terms fall under a consumer contract as defined in Article 2, Paragraph 3 of the Consumer Contract Act, any provision of these Terms that completely exempts the Company from liability for damages does not apply. In the case of a consumer contract, if the loss the Customer suffers is based on the Company's non-performance of an obligation or on a tort, the Company will, except where it acted intentionally or with gross negligence, compensate the direct and actual loss the Customer suffers, up to the price of the product. It is not liable for loss arising from special circumstances, lost profits, indirect loss or special loss, whether or not it could have foreseen them.

Article 17: Severability

Even if any provision of these Terms, or part of one, is found to be invalid or unenforceable under the Consumer Contract Act or other laws and regulations, the remaining provisions, or the remaining part of the provision, continue in full force and effect.

Article 18: Governing Law and Agreed Jurisdiction

These Terms are interpreted in accordance with Japanese law, and the Tokyo Summary Court or the Tokyo District Court is the exclusive agreed court of first instance for any dispute relating to these Terms.

Enacted: September 15, 2021