FS Overseas Legal

 

Article 1. Scope of Application and Revision to the Terms

1. The Terms shall apply to all Users defined in the provisions of Article 3.

2. Alpha Co., Ltd. (hereinafter, “the Company”) may add to, delete or change the contents of these Terms without prior notice to the User.

3. The User shall read and agree to the contents of these Terms before using the services specified in the provisions of Article 2 (hereinafter, "the Services"), and the Company shall deem the User to have agreed to these Terms by using the Services.

 

Article 2. Services Provided

1. The services provided by the Company are as follows:

• Product sales service;
• Information provision service;
• Various services incidental to items 1 and 2 above; and
• Various services that will be provided by the Company in the future

2. The Company may add to, delete or change the contents of the services set forth in each item of the preceding paragraph.

 

Article 3. Definition of “User”

“User” means the user of the Services under these Terms.

 

Article 4. Establishment of Sales Agreement

1. A Sales Agreement shall be established between the User and the Company at either of the following points in time:

• In the case of an order from the online store: When the Company receives order information from the User;
• In the case of orders other than from the online store: When the Company has accepted the order.

2. Any offer made by a minor to purchase products shall be deemed to have been made at their guardian’s responsibility.

3. After a Sales Agreement has been established between the User and the Company, the Company may request the User to make payment based on such Sales Agreement (hereinafter, "Payment") in accordance with the payment method specified in Article 7, Paragraph 1 that the User designated when placing the order.

 

Article 5. Cancellation of Sales Agreements

1. The Company may cancel a Sales Agreement after it has been established in the following cases:

• The ordered product is out of stock, and it is uncertain when the product will be back in stock;
• Defects such as damage, faults, etc. have occurred in the product prior to delivery, and the product is no longer in stock, and it is uncertain when the product will be back in stock;
• The product can no longer be supplied due to the manufacturer or the supplier discontinuing production, etc.;
• It is impossible to deliver the ordered product because the delivery destination is unknown, or the recipient is away for an extended period of time;
• The User fails to make the Payment within the designated period;
• The Company receives a notice from the credit card company designated by the User that the User is in credit card default; or
• It is impossible to deliver the ordered product for any other reason.

2. Notwithstanding the provisions of the preceding paragraph, the Company may cancel or terminate a Sales Agreement, or take other appropriate measures, in the event of fraudulent or inappropriate conduct regarding the use of the Services.

 

Article 6. Price

1. The price of each product is indicated on the product details page, and the delivery fees are indicated in the “Delivery and Delivery Fees” page under “Help”.

2. The Company may add to or delete any settlement methods set forth in each item of the preceding paragraph..

3. If the Company receives a notice from the credit card company designated by the User that the User is in credit card default, then the Company may request the User to make the Payment by a different payment method.

 

Article 7. Settlement

1. When purchasing products, the User may choose a settlement method from either:

• Online (credit card) settlement; or
• Cash on delivery. *Only available for delivery within Japan.

2. The Company may add to or delete any settlement methods set forth in each item of the preceding paragraph..

3. If the Company receives a notice from the credit card company designated by the User that the User is in credit card default, then the Company may request the User to make the Payment by a different payment method.

 

Article 8. Delivery of Products

1. All ordered products shall be basically delivered to the recipient’s address in a packaged condition by a route delivery company designated by the Company. The route delivery company shall be chosen at the Company’s discretion taking into consideration the size, weight and nature, etc. of the products.

2. If the route delivery company is unable to deliver products to the recipient’s address due to a problem in the product size, weight, nature or delivery route, etc., or if products are delivered by a method other than a route delivery company (such as a charter service) at the User’s request and the delivery fees and other costs incurred turn out to be higher than the delivery fees agreed upon at the time of establishment of the Sales Agreement, then the Company may charge the User the difference in such delivery fees.

3. The User may change the delivery address that they designated when placing the order by notifying the Company to that effect, as long as the Company has not already started making arrangements to ship the products. The Company shall have no obligation to meet the User’s request if it receives a notice from the User to change the delivery address after the Company has already started making arrangements to ship the products, and the User shall change the delivery address at the User’s own responsibility and expense.

4. If the User wishes to have products delivered to multiple destinations, the User shall place separate orders for each destination. In addition, the User may not place a single order for several products to be delivered to one destination and then request that the Company deliver those products to multiple destinations after placing such order.

5. The User may designate that products be delivered to an address other than the User’s home address. If the User is not receiving the delivery themselves, then they must provide advance notification to the destination or the recipient that the products will be delivered from the Company, and make sure that the delivery will not be returned to the Company due to the products being rejected, etc. If a delivery is returned to the Company because it was refused or the recipient was away for an extended period of time, or for any other reason due to the User’s carelessness, the Company shall not return the Payment for the products, delivery fees or any other actual costs and shall handle the products at the Company’s discretion. If products are to be redelivered at a later date, then the User shall pay the Company the delivery fees incurred when the products were returned to the Company, the delivery fees for redelivery, and any other actual costs incurred, such as taxes and fees.

6. The User may not request the Company to provide gift wrapping, message cards, etc. for products unless there is a notice stating that such services are available for the products as a promotional offer, etc. by the Company.

7. For normal delivery, the Company will send an “order confirmation e-mail” within 3 business days after the order is placed and arrange for the product to be shipped in around 3-7 business days following that.

8. Except as set forth in the following paragraph, the period for delivery of products to the User following the commencement of shipping arrangements shall be as follows:

• For normal delivery, approximately 4-9 days after the order is placed
• For international delivery, approximately 2 weeks after the order is placed.

9. The period for delivering products as set forth in the preceding paragraph may be extended when:

• The products cannot be shipped due to a combination of Saturdays, Sundays, national holidays and/or the Company’s holidays;
• The products cannot be shipped as scheduled due to the manufacturer or the supplier having a large shipping volume or heavy workload; or
• There is a delay in delivery after the products have been shipped due to the circumstances of the delivery company.

10. If the User is not at the delivery destination on the delivery date and the route delivery company takes the delivery back after leaving an “attempted delivery notice”, then the User shall contact the route delivery company themselves and arrange for redelivery.

11. The Company shall not be responsible for any direct or indirect damages incurred by the User due to the delay in delivering the products to the User for the reasons stated in paragraph 9 of this Article or for any other reason.

12. Products can only be delivered within Japan and to the countries and regions where delivery is possible.

 

Article 9. Transfer of Ownership

1. The ownership of products shall be transferred from the Company to the User at the time the User or a recipient designated by the User receives the ordered products.

2. If the User chooses to pay by credit card, the ownership of the ordered products may be retained by the credit card company in accordance with the conditions stipulated in the membership terms established by the credit card company.

 

Article 10. Returns and Exchanges

1. After a Sales Agreement has been established, the User may not change any ordered products to a different product, change the specifications of the ordered products, cancel the order, or return or exchange the products due to the User's own circumstances. So, we ask that you please check products carefully before placing an order. Please e-mail us before purchasing if you have any questions or concerns about product details, etc.

2. The User shall confirm whether or not products are damaged, etc. without delay after delivery.

3. If a delivered product is damaged or defective, or if the wrong product has been delivered, etc., then the User may request return or exchange as long as they have not used the product and they have notified the details to the Company within 5 days from the delivery. However, the Company cannot accept returns or exchanges if the product has been damaged or soiled by the User. In this case, the User shall keep the product in the packaged condition in which it was delivered. If the User has notified the Company within the prescribed period and the Company confirms that the product is damaged, defective or the wrong product, etc., then the Company shall repair the product or exchange the product with a new product and bear all expenses including delivery fees for the return or exchange; provided, however, that if the product cannot be exchanged because it is already sold out, has been discontinued, or is a limited item, etc., or the product cannot be repaired, then the Company shall refund the Payment for the product to the User.

 

Article 11. Handling of Personal Information

The Company shall handle the User’s personal information in accordance with the “Privacy Policy” established separately.

 

Article 12. Copyright, etc.

Any documents, videos, sound and other works provided by the Company in relation to the Services are protected by the Copyright Act and other laws and international treaties. The User is prohibited from using such documents, videos, sound and other works by reprinting, transferring, transmitting or screening, etc. all or part of the same directly or after alteration, in any media and by any means, without the Company’s permission. In addition, the Company shall not permit the User to transform, change, add to or modify any such contents.
The User may not use or publish any information, such as works, provided by the Company beyond the scope of the User’s private use as set forth under the Copyright Act without the approval of the rights holder. If any problem arises in relation to intellectual property rights, such as copyright, due to the User’s breach of any provision stipulated in this Article, then the User shall resolve such problem at their own responsibility and expense, and shall not cause any trouble or damage, etc. to the Company.

 

Article 13. Prohibited Acts

The User must not engage in any of the following acts:

1. Criminal acts, any act that is contrary to public order or morality, or any other act in violation of laws and regulations, or any act that is likely to constitute any of the aforementioned acts;
2. Any act that interferes with or is likely to interfere with the Company’s operations or business;
3. Any act that damages the reputation of or causes trouble, disadvantage or damage to the Company or a third party, or any act that is likely to constitute any of the aforementioned acts;
4. Any act of wrongfully using a third party’s personal information or false information to use the Services;
5. Any act that breaches or is likely to breach these Terms or the “Membership Agreement” separately established by the Company; or
6. Any other acts that the Company deems to be inappropriate.

 

Article 14. Other Disclaimers

1. The Company may freely change, delete or add any configuration, contents and pages, etc. of its website and shall not be obligated to restore such website to its original state at the User’s request. In addition, the same shall apply to the overall e-commerce system, such as programs and databases.

2. The User shall bear the costs for preparing and installing computers and communications equipment, etc. that are necessary for using the Services as well as telephone and facsimile charges, communication fees (such as internet connection fees and line utilization fees), personnel costs and any other costs required to use the Services.

3. If any of the User’s data is lost or becomes unreadable due to a fault or problem in the Company’s computers or communications equipment, etc., failure in communication lines or for other reasons, then the Company may immediately and unconditionally cancel or terminate Sales Agreements without being required to give notice or make any request of the User.

4. If the User causes any damage, etc. to other Users or to a third party in relation to the User’s use of the Services, then the User shall resolve the problem at the User’s own responsibility and expense and shall not cause any trouble or damage, etc. to the Company.

5. The Company shall not be responsible for any damage arising as a result of the User being unable to use the Services. 6. Under no circumstances shall the Company be responsible for any damage, loss or disadvantage, etc. incurred by the User in relation to the use of the Services whatever the cause of the legal claim may be.

6.Under no circumstances shall the Company be responsible for any damage, loss or disadvantage, etc. incurred by the User in relation to the use of the Services whatever the cause of the legal claim may be

7. The Company shall be exempted from liability by handling affairs in accordance with the contents that the User registered with alpha Ltd. or communicated to alpha Ltd.

 

Article 15. Other

1. The establishment, validity, performance and interpretation of these Terms shall be governed by the laws of Japan.

2. Any problem arising in relation to the use of the Services that cannot be resolved in accordance with these Terms shall be resolved by the User and alpha Ltd. upon mutual consultation in good faith.

3. If it becomes necessary to file a lawsuit in relation to the use of the Services, the Tokyo Summary Court or the Tokyo District Court shall have the exclusive jurisdiction as the court of first instance regardless of the amount in controversy.

Distributor
Alpha Co., Ltd.

Name of operations manager
Gaku Shibata

Post code
150-0001

Address
Jingumae Fashion Bldg 1F, 2-6-7 Jingumae, Shibuya-ku, Tokyo

Service name
FreshService® official site

TEL
03-5775-4755

Public e-mail address
info@freshservice.jp

Website
freshservice.jp