Terms of service
This Terms of Use Agreement (hereinafter referred to as the "Agreement") sets forth the terms and conditions for the use of services on the "JEX Jewelry Gallery" (hereinafter referred to as the "Site") operated by NDC Corporation (hereinafter referred to as the "Company").
Customers are required to agree to these terms and conditions when purchasing products.
Article 1 Defin itions
- The term "the Service" means the service that allows registered members (as defined below) to purchase products sold by the Company on the Site.
- A "registered member" is an individual who has agreed to the Terms and Conditions, has applied for membership registration in accordance with the procedures prescribed by the Company, and has been approved by the Company.
- Member ID" refers to the ID (e-mail address) set by the registrant when applying for membership.
- Individual Agreement" refers to the "Terms", "Guide", "Policies", etc. distributed or posted by the Company in addition to the Terms of Service.
- Contents" means the text, audio, music, images, video, software, programs, code, and other information that appears on the Site and can be accessed through the Service.
Article 2 Scope and Modification of these Terms of Use
- The Terms of Use shall apply to the use of the Service between the Company and registered members.
- In addition to the Terms of Use, the Company may establish individual terms and conditions regarding the use of the Service. In such cases, the relevant individual terms shall constitute a part of the Terms. In the event of any discrepancy between the content of these Terms and the content of the individual terms, the content of the individual terms shall, in principle, take precedence over these Terms.
- The Company may modify the Terms and the Individual Terms as the Company deems necessary. When the Company modifies the Terms or Individual Terms, the Company shall specify the effective date of the modification, and shall publicize the modification, the details of the modification, and the effective date of the modification by posting the modification in an appropriate location on the Site or by any other appropriate method. When using the service, please refer to the latest version of the Terms and Conditions and individual terms and conditions at any time.
Article 3 Membership Registration
- Customers wishing to register as members shall apply for membership through the new member registration page on the Site in accordance with the method designated by the Company. In this case, you must provide true, accurate, and complete information to the Company.
- The Company may not approve a customer's membership application if it is found that the customer has violated these Terms of Use in the past, if the application contains false information, or if the Company otherwise deems the application to be unacceptable.
Article 4 Treatment of Minors
- If you are a minor, you shall obtain the prior consent of your legal representative (such as a person with parental authority) to use the Service (including consent to these Terms of Service and individual terms and conditions) and to purchase each product using the Service. If a customer uses the Service without such consent, the Company may suspend the customer's use of the Service.
- If a customer who is a minor at the time of consenting to these Terms of Use uses the Service after reaching the age of majority, he/she shall be deemed to have ratified the act of use while he/she was a minor.
Article 5 Change and Management of Member ID, etc.
- Registered members shall promptly notify the Company of any changes to their e-mail address or other information provided to the Company in a manner separately specified by the Company.
- Registered members shall be responsible for managing their member ID and password strictly to prevent unauthorized use.
- The Company may deem any and all acts performed with a member ID to be those of the registered member him/herself. The Company shall not be liable for any damages incurred by a registered member as a result of the use of the member's ID, except in the case of willful misconduct or gross negligence on the part of the Company.
- The Company may delete a member ID that has not been used for a certain period of time since the last access without prior notice to the member.
- All usage rights of a registered member for the service will cease at the time the member ID is deleted, regardless of the reason.
- The member ID belongs exclusively to the registered member. All rights and obligations of a registered member in the service may not be transferred, loaned, exchanged, sold, exchanged for cash, pledged, or inherited by a third party. In addition, the registered member shall not allow any third party to use the service regardless of the method.
Article 6 Use of the Service
- In using the Service, you shall, at your own expense and responsibility, prepare the necessary telecommunications equipment and any other equipment and services required for use of the Service.
- The Company may change the Service, in whole or in part, or discontinue providing the Service at any time without prior notice to the Customer, if the Company deems it necessary.
Article 7 Ownership of Rights, etc.
- All rights, including copyrights and other intellectual property rights, related to the Content provided by the Company belong to the Company or third parties who have licensed their rights to the Company.
- The names of companies, products, services, and other names (hereinafter collectively referred to as "Trademarks, etc.") displayed on the Service or on the Site include names for which the Company or third parties have trademark rights or other rights of use. Although the Company may indicate on the Service or on the Site that a Trademark, etc. is a registered trademark of the Company or a third party, the Company or a third party may have the right to use a Trademark, etc. even if it is not so indicated.
- The Service may contain links to third party websites that are not owned or controlled by the Company. We do not control and are not responsible for the content, privacy policies, or practices of any third party websites. The Company does not, and cannot, censor or edit the content of any third-party site. By using the Service, you expressly release us from any and all liability arising from your use of any third party website.
- You shall not apply for registration, apply for transfer, or exercise any intellectual property rights related to the Services.
- You shall not use (including reproduction, transmission, reprinting, modification, etc.) the Contents in any manner other than that contemplated by the Service.
Article 8 Personal Information and Handling of Personal Information
- When you use the Service, Fuji Xerox obtains personal information (personal information as defined in Article 2, Paragraph 1 of the Act on the Protection of Personal Information) and certain other information about you (hereinafter referred to as "Personal Information").
- The Company shall handle Personal Information, etc. obtained from customers in accordance with the privacy policy prescribed by the Company.
Article 9 Formation of Sales Contract
- Since we also sell our products in stores, the order is not finalized when the order is confirmed on the confirmation screen of purchase application or acceptance on this site. The purchase contract is not finalized when the order is confirmed on the purchase application or acceptance confirmation screen on the website. Once a purchase agreement has been concluded, the order cannot be cancelled by the customer for any reason.
- Notwithstanding the provisions of the preceding paragraph, if the Company determines that a customer's order is inappropriate, such as a large purchase by the same customer, the Company may cancel all or part of the purchase agreement for the product in question. The Company shall not be obliged to explain the reasons for the Company's decision.
- Although the Company checks inventory status from time to time, in the unlikely event that a product ordered by a customer is not in stock and the Company is unable to provide the product to the customer, the purchase agreement for the product in question shall not be formed, and the Company may cancel the purchase agreement even after it has been formed. In such a case, the Company shall be exempted from liability by refunding the amount equivalent to the sales price of the relevant product already received to the account designated by the customer.
Article 10 Completion of Delivery and Delivery/Possession
- A purchase agreement for this service shall be formed when a customer makes an application to purchase a product, and when the Company notifies the customer of the Company's acceptance of the application. Ownership of the product shall be transferred to the customer upon completion of delivery by the delivery company to the customer.
- Notwithstanding the provisions of the preceding paragraph, the transfer of ownership of the product in the case of payment by credit card shall be subject to the terms and conditions of the relevant credit card company.
- The method of payment, delivery, cancellation of purchase orders, return of products, and other matters related to the Service shall be in accordance with methods separately determined by the Company.
- In the event that delivery cannot be completed due to an unknown destination, long-term absence, etc., despite a delivery visit to the customer's designated location as stipulated in Paragraph 1, or if the Company otherwise deems that the relationship of trust between the Company and the customer has been damaged, the Company may, at its discretion, cancel the purchase agreement stipulated in the preceding paragraph without prior notice to the customer. The Company shall not be liable for any failure to provide products for this reason. In such a case, the Company shall be exempted from liability by refunding the amount equivalent to the sales price of the relevant product that has already been received. In such cases, the customer may be responsible for any expenses incurred.
- In the event that the Company is unable to obtain the necessary information (account number, address, etc.) for a refund as specified in the preceding paragraph due to non-delivery or refusal to receive e-mail, etc., the Company shall retain such information for a period of one month after the merchandise is returned to the Company. However, upon the expiration of such storage period, the purchase agreement for the relevant product shall be deemed terminated, and the Company shall thereafter be relieved of its obligation to store the product and to deliver it to the customer. If the customer requests resending the product during the storage period, the Company will respond to the request, but the customer shall bear the shipping costs and other expenses required for resending the product.
Article 11 Returns and Exchanges
No returns or exchanges of products will be accepted. However, if the product is defective or faulty for reasons attributable to the Company, the Company will accept the return of the product. In such a case, the customer shall notify the Company of the defect or failure of the merchandise by the method designated by the Company within 3 days of receipt of the merchandise, and the Company shall refund the money. The Company shall bear the shipping and other costs required to return and resend such merchandise.
Article 12 Payment and Delivery Method
- Customers shall pay the purchase price for products by credit card, bank transfer, postal money order, cash on delivery, or in accordance with the method determined by the payment company. The customer shall bear the shipping and transfer charges for the product. In the event that a dispute arises between a customer and a payment company regarding these payment methods, the customer shall be responsible for resolving the dispute, and the Company shall assume no responsibility whatsoever.
- The payment method decided by the customer on the purchase screen cannot be changed after the purchase contract is concluded as stipulated in Article 9.
- For some products, we may specify the payment and delivery method.
- Please confirm the following before using credit card payment.
- The customer shall pay for product purchases, etc. by credit card issued by a credit card company approved by the Company in accordance with the membership agreement of such credit card company.
- The name of the applicant to the Company and the name of the credit card holder must be the same.
- Please refer to the following regarding the request for change by credit card use.
- If there is a change in address, credit card number, expiration date, or any other information reported to the Company, the customer shall promptly notify the Company of the change in the prescribed manner.
- The Company shall not be liable for any disadvantage incurred by the customer as a result of the customer's failure to notify the Company in accordance with the preceding item.
Article 13. Sales Price
- The prices of the listed products shall be displayed on the Site.
- Although the Company takes the utmost care in displaying the prices of the products listed on the Website, if, due to human error, the price indicated on the Website differs from the actual selling price, the sales contract for the product in question may become invalid. In such a case, we will contact you with the actual selling price after you place an order, confirm your purchase intention, or ask you to place another order, using a contact method we deem appropriate.
Article 14 Cancellation of Purchase Agreement due to Fraud
If any of the following events occurs, the Company shall deem that the customer has committed a fraudulent act against the Company ("Fraud") and may immediately terminate the purchase agreement for Products related to the Services without prior notice.
- If it is found that the customer has been expelled in the past due to violation of these Terms of Use, etc.
- If the customer does not receive the delivered goods for a certain period of time
- If the customer interferes with the operation of this site in any way
- If you violate any of these Terms of Use or individual terms and conditions
- When it is found that there is a false fact in the registration information
- In the event that the Company deems that there is any other serious violation of the Company's policies.
- A person whose purchase agreement for a product is terminated by Minebea pursuant to the preceding paragraph shall pay all debts owed to Minebea by the date designated by Minebea.
- In no event shall we be liable for any damages incurred by you as a result of actions taken by us pursuant to this Article.
Article 15 Warranty on Products
The product information is disclosed based on the brand name and artist's name on the warranty card or mark, and the grade and carat weight of the bullion on the stamp, but this has not been confirmed by the manufacturer, seller, or other party.
With respect to any product not warranted by the manufacturer or seller, except in the case of willful misconduct or gross negligence by the Company, the Company makes no warranty as to quality, material, function, performance, compatibility with other products, fitness for purpose, or any other warranty.
Article 16 Prohibitions
When using the Service, customers shall not engage in any of the following acts or acts that may lead to such acts.
- Submitting false registration information when registering as a member.
- Any act of using the registration ID and password in an unauthorized manner.
- Acts that violate laws and regulations, court judgments, decisions or orders, or legally binding administrative measures.
- Acts that are detrimental to public order or good morals.
- Acts that violate the copyrights, trademarks, patents, or other intellectual property rights, honor rights, privacy rights, or other legal or contractual rights of the Company or third parties.
- Posting or transmitting excessively violent expressions, sexually explicit expressions, expressions that lead to discrimination based on race, nationality, creed, gender, social status, family origin, etc., expressions that induce or encourage suicide, self-harm, or drug abuse, or any other expressions that contain antisocial content and cause discomfort to others.
- (4) Impersonating the Company or a third party, or intentionally spreading false information.
- (2) Actions to send the same or similar messages to an unspecified number of customers (except those approved by the Company), or other actions that the Company deems to be spam.
- Actions for the purpose of sales, promotion, advertisement, solicitation, or other commercial purposes (excluding those approved by the Company), actions for the purpose of sexual or obscene acts, actions for the purpose of meeting or dating with the opposite sex whom you have not met, actions for the purpose of harassing or slandering other customers, and other uses of the Service that are not planned by the Company. Using the Service for a purpose different from the intended purpose.
- Stalking another person.
- Profit-sharing or other acts of cooperation with antisocial forces.
- Religious activities or solicitation of religious organizations.
- Unauthorized collection, disclosure, or provision of personal information, registration information, or usage history information of others.
- (4) Acts that interfere with the server or network system of the Service, acts that intentionally take advantage of malfunctions in the Service, acts that make unreasonable inquiries or demands of the Company by repeating similar questions more than necessary, or other acts that interfere with the Company's operation of the Service or other customers' use of the Service, and (2) Acts that interfere with the Company's operation of the Service or the use of the Service by other customers.
- (4) Acts of lending, exchanging, transferring, changing the name of, buying and selling, pledging, collateralizing, or otherwise allowing a third party to use or dispose of a member's ID, etc.
- Interference with communications, interception of communications, intrusion into the server that operates the service, or theft of information.
- Transmitting or posting computer viruses or other illegal information.
- Infringing the intellectual property rights or any other rights of the Company or any third party.
- Development, distribution, or use of unauthorized tools, unauthorized applications, or other programs intended for unauthorized use of the Service.
- Any and all acts of erasing, modifying (including falsification of data), revising, adapting, creating derivative works, decompiling, disassembling, or reverse engineering the Service, or inducing or encouraging a third party to commit any of these acts.
- Redistribution or lending of part or all of the Service (including copying), and resale or resale of the Service.
- Any act for which the Company has notified the customer or announced on the Service that such act is prohibited.
- (4) Actions that assist or encourage any of the aforementioned acts.
- Any other acts that the Company deems inappropriate.
Article 17 Change or Suspension of the Service
- The Company may change or add to the Service, in whole or in part, without prior notice to the customer.
- The Company may temporarily suspend provision of the Service in the event of any of the following events. In such cases, the Company shall notify the customer in advance, except in cases of emergency or unavoidable circumstances.
- In the event of periodic or emergency maintenance or repair related to telecommunications equipment facilities, etc.
- When the system is overloaded due to excessive access or other unforeseen factors
- When it becomes necessary to ensure the Company's security
- When the provision of this service becomes impossible due to laws and regulations or measures based on such laws and regulations
- In the event of other reasons similar to those listed in the preceding items, and when the Company deems it necessary to do so.
- The Company shall not be liable for any damages incurred by the customer as a result of changes to the contents of the Service or interruption of the Service in accordance with the preceding two paragraphs.
Article 18 Abolition of the Service
The Company may discontinue all or part of the Service. In such case, the Company shall notify the customer of such discontinuance with a certain advance notice period.
Article 19. Customer's Self-Responsibility
- You shall use the Service at your own risk and shall be responsible for any and all acts and results of your use of the Service, except as otherwise provided in this Agreement.
- If you directly or indirectly cause any damage (including incurring legal fees) to the Company for reasons attributable to you, you shall immediately compensate the Company for such damage in accordance with the Company's demand.
Article 20 Disclaimer of Our Company
- The Company does not warrant, either expressly or impliedly, that the Service (including the Content) is free from defects in fact or in law (including defects, errors, bugs, or infringements of rights, etc. related to safety, reliability, accuracy, completeness, effectiveness, fitness for a particular purpose, or security). The Company shall have no obligation to remove such defects and provide the Service to the Customer.
- The Company shall not be liable for any and all damages incurred by the Customer arising from the Service. However, this disclaimer shall not apply if the contract between the Company and the customer regarding the Service (including these Terms and Conditions) constitutes a consumer contract as defined in the Consumer Contract Act.
- Even in the case set forth in the proviso of the preceding paragraph, the Company shall not be liable for any damage arising out of special circumstances (including cases where the Company or the customer foresaw or could have foreseen the occurrence of damage) among damages caused to the customer due to default of obligation or tort by the negligence (excluding gross negligence) of the Company. In addition, compensation for damages incurred by the customer due to default or tort caused by the Company's negligence (excluding gross negligence) shall be limited to the amount of the product price related to such damages received from the customer (or settled with the customer).
- If you cause damage to other members or have a dispute with a third party in connection with your use of the Service, you shall compensate for such damage or resolve such dispute at your own expense and responsibility, and shall not cause any inconvenience or damage to the Company.
- If the Company receives a claim for damages from a third party as a result of your conduct, you shall settle such claim at your own expense (including attorney's fees) and responsibility. If the Company pays compensation for damages to such third party, you shall pay to the Company all expenses (including attorney's fees and lost profits) including such compensation for damages.
- If you cause damages to the Company in connection with your use of the Service, you shall be liable for damages (including legal fees and attorney's fees) to the Company at your expense and responsibility.
Article 21 Suspension and Withdrawal of Member ID
- If the Company finds that a customer is using the Service in violation of these Terms of Use, the Company may take any of the following actions without prior notice to the customer. However, the Company shall have no obligation to prevent or correct such violation.
- Suspension of member ID or cancellation of member registration
- Suspension of use of all or part of the Service
- Any other measures that the Company deems necessary or appropriate.
- A customer who has registered as a member may cancel his/her membership by following the procedures prescribed by the Company. After canceling the membership, you will not be able to use the Service.
Article 23 Force Majeure, etc.
If the Company delays or is unable to perform its obligations under this Agreement due to any of the following circumstances, the Company shall not be liable for such non-performance.
- Communication from the Company to you regarding the Service shall be made by posting notices in appropriate places on the Site or by other means deemed appropriate by the Company.
- Communication from the customer to the Company regarding the Service shall be made by sending an inquiry form to the appropriate location on the Site, or by any other method designated by the Company.
Article 25 Governing Law and Jurisdiction
- This Site shall be written in Japanese and shall be governed by and construed in accordance with the laws of Japan. Please note that this site is automatically translated, so in the event of any differences in content, the content of the Japanese version shall take precedence.
- Any dispute arising out of or in connection with the Service or these Terms and Conditions between you and the Company shall be subject to the exclusive jurisdiction of the Osaka District Court or Osaka Summary Court as the court of first instance.
The above
Established as of June 2022