Terms of service

Terms and conditions of use

These terms and conditions of use ("Terms and Conditions") These Terms and Conditions of Use (hereinafter referred to as the 'Terms and Conditions') apply to the online store otnek&ebanat online store provided by Tembocanate Co. (hereinafter referred to as "the Company"), sets out the terms and conditions of use of the online store otnek&ebanat (hereinafter referred to as "the Service") provided on this website by TEMBOCANATE Co. This document sets out the terms and conditions of use of the otnek&ebanat online store (hereinafter referred to as the 'Service') provided by TEMBOCANATE Co.
All users (hereinafter referred to as 'users') are bound by these Terms and Conditions. The Service shall be used by the User (hereinafter referred to as the "User") in accordance with these Terms of Use.


Article 1 (Application).

1.These Terms and Conditions shall apply to all relations between the User and the Company relating to the use of the Services.

2.In addition to these Terms and Conditions, the Company may make various provisions regarding the Service, such as rules for use (hereinafter referred to as "individual provisions"). These individual provisions, irrespective of their name, constitute part of these Terms and Conditions. These individual provisions shall form part of these Terms and Conditions, irrespective of their name.

3.If the provisions of the General Terms and Conditions conflict with the provisions of the individual provisions in the preceding paragraph, the provisions of the individual provisions shall prevail, unless otherwise specified in the individual provisions.


Article 2 (Membership registration).

1.Membership registration for the Service is completed when a prospective member applies for membership in the manner specified by the Company after agreeing to the Terms and Conditions and the Company notifies the prospective member of its approval of the application.

2.The company may not approve an application for membership if it considers that the applicant for membership has any of the following reasons, and shall not be obliged to disclose any reasons for this.

2-1. If false information is reported when applying for membership registration.

2-2. If the application is from a person who has previously violated these Terms and Conditions.

2-3. If the company otherwise deems the membership registration to be inappropriate.


Article 3 (Management of email addresses and passwords)

1.The User shall manage his/her email address and password for the Service at his/her own risk.

2.The user may not, under any circumstances, transfer or lend his/her email address and password to a third party or share them with a third party. If a user logs in with an email address and password combination that matches the registered information, we regard this as use by the user who has registered that user ID himself.

3.The Company shall not be liable for any damage caused by the use of email addresses and passwords by third parties, except in cases of intent or gross negligence on the part of the Company.



Article 4 (Sales contract).

1.In the Service, a purchase contract shall be concluded when the User makes a purchase application to the Company and the Company notifies the User that it has accepted such application. Ownership of the goods shall be transferred to the User when the Company delivers the goods to the delivery company.

2.The Company may terminate the purchase agreement referred to in the preceding paragraph without prior notice to the User in the event of any of the following events.

2-1. if the User violates these Terms and Conditions

2-2. if the delivery of the goods is not completed because the delivery address is unknown or the customer is absent for a long period of time

2-3.Other cases where we consider that the relationship of trust between us and the user has been damaged.

3.The method of payment, delivery, cancellation of purchase orders or return of goods in relation to the Service shall be determined separately by the Company.



Article 5 (Intellectual property rights).

1.The copyright or other intellectual property rights in the product photos and other content provided by the Service (hereinafter referred to as "Content") belong to the Company, the Content provider and other legitimate right holders, and the User may not reproduce, reprint, modify or make any other secondary use of them without permission.

2.If any dispute arises with a third party in breach of the provisions of this article, the member shall resolve such dispute at his/her own responsibility and expense and shall not cause any damage, loss or disadvantage to the Company.



Article 6 (Prohibited matters).

In using the Services, the User shall not do any of the following acts. In the event of any damage to us or a third party arising from a breach of this, the user concerned shall be liable to compensate for all such damage.

1. acts in breach of laws and regulations or public order and morality, and acts related to criminal acts.

2. infringe copyright, trademark rights or other intellectual property rights contained in the Services.

3. acts that destroy or interfere with the functioning of our servers or network.

4. use the Services for commercial purposes (including reselling the Product or using the Services at the request of a third party. (However, this excludes those that have been approved in advance by the Company).

5. any commercial use of the information obtained by the Service.

6. acts that may interfere with the operation of our services.

7. unauthorised access or attempts to gain unauthorised access.

8. collecting or accumulating personal information, etc. relating to other users.

9. impersonating another user.

10. directly or indirectly providing benefits to anti-social forces in relation to the Company's services.

11. any other conduct deemed inappropriate by the Company.



Article 7 (Suspension of the provision of the Services, etc.)

1.The Company may suspend or discontinue provision of all or part of the Services without prior notice to the User if it determines that any of the following reasons exist.

1-1. when carrying out maintenance or updating of the computer systems involved in the Service.

1-2.If the provision of the Service becomes difficult due to force majeure, such as earthquake, lightning, fire, power failure or natural disasters.

1-3. in the event of an accidental shutdown of computers or telecommunication lines, etc.

1-4.In any other case where the Company deems it difficult to provide the Service.

2.The Company shall not be liable for any disadvantage or damage suffered by the User or third parties as a result of the suspension or interruption of the provision of the Service, regardless of the reason.



Article 8 (Restriction of use and cancellation of registration)

1.The Company may, without prior notice, restrict the User from using all or part of the Services or terminate the User's registration as a User if any of the following apply.

1-1. if any of the provisions of these Terms and Conditions are breached

1-2.If it is found that there are false facts in the registration details.

1-3. if the credit card reported by the relevant user as a means of payment is suspended.

1-4.In the event of default in payment of fees and other payment obligations.

1-5.If you do not respond to our communications for a certain period of time.

1-6.In any other case where the Company deems the use of the Service to be inappropriate.

2.The Company shall not be liable for any damage caused to the User as a result of any action taken by the Company in accordance with this Article.



Article 9 (Withdrawal from membership)

The User may withdraw from the Service by following the prescribed withdrawal procedure.



Article 10 (Disclaimer and disclaimer of warranties)

1.The Company does not warrant that the Services will be free from defects in fact or law (including defects, errors or bugs relating to safety, reliability, accuracy, completeness, effectiveness, fitness for a particular purpose, security or otherwise, or infringement of rights). The Company does not guarantee that the Service is free from any such defects.

2.Where the Service provides links to other websites or resources, or links from third party websites or resources to the Site, the Company shall not be liable for the content, use and results (including but not limited to legality, validity, accuracy, certainty, security, currency and completeness) of such linked sites, The Company shall not be liable for the content, use and results (including but not limited to legality, validity, accuracy, certainty, safety, up-to-dateness and completeness) of such linked sites. If the Company reasonably determines that the content of a linked website or resource is illegal or inappropriate for the management and operation of the Site, the Company may remove the link without requiring any notice to the User.

3.The Company shall not be liable for any and all damages incurred by the User as a result of the Services. However, this disclaimer does not apply if the contract between the Company and the user in relation to the Services (including these Terms and Conditions) is a consumer contract as defined in the Consumer Contract Act. However, this disclaimer does not apply if the contract between the Company and the User for the Service (including the Terms and Conditions) is a consumer contract as defined in the Consumer Contract Act, but even in this case, the Company shall not be liable for any damage caused to the User due to default or tort caused by the Company's negligence (excluding gross negligence). In this case, we shall not be liable for any damage arising from special circumstances (including cases where we or the user foresaw or could have foreseen the occurrence of the damage) among damage caused to the user as a result of default or tort due to our negligence (excluding gross negligence). The Company or the User shall not be liable for any damage arising from special circumstances (including cases where the Company or the User foresaw or could have foreseen the occurrence of damage).

4.The Company shall not be liable for any transactions, communications or disputes between the User and other Users or third parties in relation to the Services.


Article 11 (Changes to service content, etc.)

The Company may change the content of the Services or discontinue the provision of the Services without notice to the User and shall not be liable for any damage caused to the User as a result of this.


Article 12 (Changes to the Terms of Use).

The Company may change the Terms and Conditions at any time without notice to the User if it deems it necessary. In the event that the User starts using the Services after changes to the Terms and Conditions have been made, the User is deemed to have agreed to the changed Terms and Conditions.



Article 13 (Handling of personal data).

The Company shall properly handle any personal information obtained through the use of the Services in accordance with the Company's "Privacy Policy".



Article 14 (Notification or communication)

Notices or communications between the User and the Company shall be made by the method prescribed by the Company. Unless the User notifies us of a change in accordance with a method determined separately by us, we will assume that the currently registered contact address is valid and send notices or communications to that address, which will be deemed to have reached the User at the time of dispatch.



Article 15 (Prohibition of transfer of rights and obligations)

The User may not transfer his/her position under the User Agreement or his/her rights or obligations under these Terms and Conditions to a third party or offer them as security without the prior written consent of the Company.



Article 16 (Governing law and jurisdiction)

The interpretation of these Terms and Conditions shall be governed by the laws of Japan. The application of the United Nations Convention on Contracts for the International Sale of Goods shall be excluded in relation to the Services.

2.In the event of disputes regarding the Service, the court with jurisdiction over the location of the Company's head office shall be the court of exclusive jurisdiction.

Adopted 31 October 2023.