Terms of Service

Chapter 1: General Provisions

Article 1 (Definitions)

The terms used in these Terms of Service are defined as follows.

・“These Terms”: These Store Terms of Service
・“We/Us”: Whiskey&Co., Inc., the operator of the online store established using this Service
・“This Service”: The mail-order sales service we provide via the internet
・“Purchaser”: A person who, having fully understood and agreed to the contents of these Terms and the Privacy Policy, applies to purchase products in accordance with the procedures we separately establish
・“User”: A collective term for any person who, having fully understood and agreed to the contents of these Terms and the Privacy Policy, searches for, views, or uses the images, text, design, logos, videos, programs, ideas, and other information we provide through this Service (hereinafter “Content”)

Article 2 (Application of These Terms)

These Terms are established for Users’ use of this Service, which we provide via the internet. Users are deemed to have agreed to the contents of these Terms at the time they begin using this Service.

Article 3 (Changes to These Terms)

We may change these Terms within the scope of the purpose of this Service whenever we deem it necessary. If a User or Purchaser uses this Service after a change to these Terms, they are deemed to have agreed to the Terms as changed.

Chapter 2: Purchase of Products

Article 4 (Purchase of Products)

Users may purchase products from us using this Service.

When a User wishes to purchase a product, they shall apply to purchase it in accordance with the procedures we separately establish.

A sales contract for the relevant product is formed between the User and us at the point when, after confirming the delivery address, order details, and other information entered and registered by the User in connection with such application, the User clicks the button indicating their order, and a confirmation email regarding the order details subsequently reaches the User from us.

Notwithstanding the preceding paragraph, if there is any fraudulent or inappropriate conduct in connection with the use of this Service, we may cancel, terminate, or take other appropriate measures with respect to the sales contract.

Minors may not purchase products using this Service without the prior consent of a qualified legal representative.

Article 5 (Changes to Registered Information)

If there is any change to all or part of the name, address, or other information provided to us by the Purchaser at the time of purchase, the Purchaser shall promptly notify us. Even where a change of registration has been made, any transaction already processed prior to the change of registration shall be conducted based on the information prior to the change.

Article 6 (Method of Payment)

The amount payable for a product is the total of the product’s selling price displayed on the site, plus consumption tax, shipping fees, and any handling fees.

Payment for products purchased through this Service shall be limited to the payment methods we designate.

Where payment is made by credit card, the Purchaser shall be subject to the terms separately agreed between the Purchaser and the credit card company. If any dispute arises between the Purchaser and the credit card company in connection with the use of the credit card, the Purchaser and the credit card company shall resolve such dispute at their own responsibility.

Where payment is made using a payment method designated for this Service, and the Purchaser separately enters into an agreement with the payment provider offering that payment method (including, but not limited to, agreeing to the terms applicable to that payment method), the Purchaser shall be subject to the terms separately agreed with the payment provider. If any dispute arises between the Purchaser and the payment provider in connection with the relevant payment method, the Purchaser and the payment provider shall resolve such dispute at their own responsibility.

Article 7 (Return of Products)

We shall handle the return of products from Purchasers in accordance with the “Special Terms Regarding Returns” set out in the [Legal Notice (Act on Specified Commercial Transactions)] published on the site.

Chapter 3: Handling of Personal Information

Article 8 (Handling of Personal Information)

We handle personal information in accordance with our separately established Privacy Policy.

Chapter 4: User Obligations

Article 9 (Prohibited Acts)

In using this Service, Users and Purchasers are prohibited from engaging in any of the following acts.

・Acts that cause, or may cause, annoyance, disadvantage, or damage to other Users, third parties, or us
・Acts that infringe, or may infringe, upon the copyrights, trademark rights, patent rights, or other intellectual property rights, portrait rights, moral rights, privacy rights, publicity rights, or other rights of a third party or of us
・Acts that violate public order and morals or other applicable laws and regulations, or acts that may do so
・Use of Content obtained through this Service by a User or Purchaser beyond the scope of private use
・Reproducing, selling, publishing, distributing, or publicly disclosing Content obtained through this Service, whether via another User or a third party other than a User, or any similar act
・Acts that interfere with the operation of this Service or any other service we provide
・Acts that we reasonably determine to be inappropriate, such as damaging or undermining our credibility
・Any other act that we determine to be inappropriate

Chapter 5: Disclaimer

Article 10 (Disclaimer)

We shall bear no responsibility whatsoever for any damage caused to a third party as a result of a User’s or Purchaser’s violation of these Terms.

We make no warranty whatsoever, whether as to completeness, accuracy, certainty, usefulness, or any other matter, regarding the content of this Service or any information a User or Purchaser obtains through this Service.

In principle, we shall bear no responsibility whatsoever to Users and Purchasers for any damage arising from the use of this Service, and shall have no obligation to compensate for such damage. However, where the exemption clause does not apply because, for example, the contract between us and the User or Purchaser under these Terms constitutes a consumer contract under Article 2, Paragraph 3 of the Consumer Contract Act (Act No. 61 of 2000), the provisions of these Terms that completely exempt us from liability shall not apply. Furthermore, where the contract under these Terms constitutes a consumer contract and we are liable for damages based on non-performance of obligations or tort, except where we have acted with intent or gross negligence, our liability for damages shall be limited to the total amount paid to us by the User or Purchaser under these Terms during the one-year period preceding the date the damage occurred.

Where a Purchaser fails to receive or refuses to receive a product, where delivery is not possible due to prolonged absence, where the delivery address is unknown, or where the product cannot otherwise be delivered due to circumstances attributable to the Purchaser, we shall be deemed to have performed our obligation to deliver the product, and shall be released from that obligation, by contacting the Purchaser at their registered contact information and by bringing or delivering the product to the delivery address specified at the time of purchase.

Chapter 6: Miscellaneous

Article 11 (Copyright and Intellectual Property Rights)

Content provided through this Service belongs exclusively to us or to a third party holding legitimate rights thereto. If a problem arises between a User or Purchaser and a third party as a result of a violation of this Article, the relevant User or Purchaser shall resolve such problem at their own responsibility and expense, and shall not cause us any damage, loss, or disadvantage.

Article 12 (Governing Law)

These Terms shall be governed by the laws of Japan in all respects.

Article 13 (Consultation and Court of Jurisdiction)

In the event of any matter not stipulated in these Terms, or any doubt as to the interpretation of these Terms, we and the User or Purchaser shall promptly resolve the matter through consultation in accordance with the principle of good faith. The parties agree in advance that, for all disputes relating to these Terms, the court having jurisdiction over our location shall be the exclusive agreed court of jurisdiction for the court of first instance.