"CRAFTALE" Website Terms of Use
These Terms of Use (hereinafter referred to as the "Terms") set forth the terms and conditions for the use of the e-commerce website (hereinafter referred to as the "Service") operated by CRAFTALE (hereinafter referred to as the "Company"). Before using the Service, you are required to carefully read and agree to the following provisions. In addition, minors must obtain the consent of a parent or guardian.
Article 1 (General Provisions and Application)
1. These Terms shall apply to all users of the Service (regardless of whether or not they are registered as members; hereinafter referred to as "User(s)").
2. When a User uses the Service, the User shall be deemed to have agreed to all of the contents of these Terms at the time of such use.
3. The guidelines, notices, product descriptions, FAQs, campaign rules, purchase guides, lottery sales rules, precautions, and other individual provisions posted by the Company on the website of the Service (hereinafter collectively referred to as the "Individual Provisions") shall constitute a part of these Terms, and in the event of any discrepancy between these Terms and the Individual Provisions, the Individual Provisions shall prevail.
Article 2 (Definitions)
The definitions of the terms used in these Terms shall be as follows.
1. "User" means any person who views or uses the Service.
2. "Member" means an individual who has agreed to these Terms, completed membership registration in the manner prescribed by the Company, and whose registration has been approved by the Company.
3. "Products" means all products sold through the Service and related services.
4. "Sales Contract" means a contract for the sale and purchase of Products concluded between the Company and a User through the Service.
5. "IP" means all rights in and to works, creations, and the like, as well as inventions, devices, designs, trademarks, ideas, know-how, and other intellectual property rights and the like (including the rights provided for in Articles 27 and 28 of the Copyright Act of Japan, and also including ownership and all other rights) that the Company owns or has the authority to license.
6. "IP Products" means products produced or manufactured by the Company utilizing or using IP.
7. "IP Supervision" means the supervision conducted by the original rights holder where the IP of such original rights holder, whose rights the Company has the authority to license, is used.
8. "IP Holder" means the original holder of the rights that the Company has the authority to license.
Article 3 (Membership Registration)
1. Membership registration shall be made by the prospective registrant himself/herself using accurate and up-to-date information, and registration by proxy shall not be permitted.
2. Minors shall obtain the consent of a person with parental authority or other legal representative before registering as a Member and using the Service.
3. The Company may, at its sole discretion and without prior notice, refuse an application for membership registration, or revoke membership even after approval, in any of the following cases:
(1) Where the registered information contains any falsehood, error, or omission;
(2) Where the applicant has previously violated these Terms or any rules of the Company;
(3) Where the Company determines that the registration is for resale purposes or commercial purposes, or that there is a risk thereof;
(4) Where the Company determines that the applicant falls under, or has a relationship with, antisocial forces or the like; or
(5) Where the Company otherwise determines that the applicant is inappropriate.
Article 4 (Changes to Registered Information)
If there is any change in the registered information, the Member shall promptly complete the change procedures in the manner prescribed by the Company, and the Company shall bear no responsibility whatsoever for any disadvantage incurred by the Member due to failure to complete such change.
Article 5 (Management of IDs and Passwords)
1. Members shall manage their IDs and passwords at their own responsibility.
2. All acts conducted using an ID and password shall be deemed to be the acts of the relevant Member himself/herself, even if such acts constitute unauthorized use by a third party.
3. The Company shall bear no responsibility whatsoever for any damage arising from a Member's inadequate management of his/her ID and password, errors in use, or use by a third party.
Article 6 (Formation of Sales Contracts)
1. A Sales Contract shall be deemed concluded only when the Company has given a notice of its acceptance of User’s order.
2. The display of the order completion screen or an automatically sent e-mail shall not constitute the formation of a contract.
3. Where there is an obvious error in the displayed price or product information and the Company reasonably determines that the User knew of such error or could have known of it with ordinary care, where order processing becomes impossible due to a system failure or the like, or where the Products cannot be delivered due to discontinuation of production, inability to supply, or other unavoidable circumstances, the Company may, upon promptly notifying the User, cancel, rescind or terminate all or part of the relevant Sales Contract. In such case, if the Company has already received payment, the Company shall promptly refund it.
4. Cancellation or modification of orders, or returns of Products, for the User's own convenience shall not be permitted under any circumstances, except where separately approved by the Company.
Article 7 (Pre-Order Sales, Made-to-Order Production, and Lottery Sales)
1. The Company may conduct pre-order sales, made-to-order production, or lottery sales of Products through the Service.
2. With respect to made-to-order Products, from the time the Company commences the production process, cancellation or modification of orders, or returns, for the User's own convenience shall not be permitted under any circumstances.
3. With respect to lottery sale Products, only winners shall be eligible to purchase, and after winning, cancellation or modification of orders, or returns, for the User's own convenience shall not be permitted under any circumstances.
4. With respect to all Products described in this Article, delivery dates may be changed or sales may be discontinued due to production-related circumstances, natural disasters, supply chain circumstances, circumstances of artisans or creators, supervision by IP Holders, or other causes beyond the Company's reasonable control including events constituting force majeure.
5. In the case set forth in the preceding paragraph, the Company's liability shall be limited to a refund of the amount actually paid by the User for the relevant Product.
Article 8 (IP Products, IP Supervision, and Product Representations)
1. Products sold through the Service may include character products, IP Products, handcrafted products, products made from natural materials, and the like.
2. The User acknowledges in advance that Products may have minor individual variations in color, shape, texture, specifications, and the like. Such minor differences or individual variations arising from these characteristics shall not constitute non-conformity under the sales contract, unless they are contrary to material specifications separately warranted by the Company on the product page or elsewhere; provided, however, that this shall not apply where there is a material discrepancy from the specifications stated on the product page, where the Product is clearly damaged, or where the wrong Product has been delivered.
3. Specifications, representations, designs, and the like may be changed at the request of an IP Holder or a third party conducting IP Supervision.
Article 9 (Payment Methods)
1. Users shall pay the price of Products, shipping charges, payment processing fees, consumption tax, and the like by the method designated by the Company.
2. The Company shall bear no responsibility whatsoever for any dispute arising between a User and a payment service provider in connection with payment.
Article 10 (Delivery and Receipt)
1. Products shall be delivered only within Japan.
2. If a Product is not received and is returned to the Company due to a cause attributable to the User (refusal of receipt, expiration of the storage period due to absence, an incomplete address, or other similar causes), the Company may terminate the relevant Sales Contract.
In such case, the Company may charge the User for the shipping charges, storage costs, payment processing fees, and other actual costs borne by the Company in connection with shipping, return, storage, and redelivery, as well as reasonably foreseeable damages by the Company due to such circumstances (hereinafter collectively referred to as the "Actual Costs."), or deduct such amounts from the Product price and other amounts already paid.
If any balance remains after deducting the Actual Costs. from the Product price and other amounts already paid, the Company shall refund such balance to the User.
With respect to made-to-order Products, lottery sale Products, and other Products that are difficult to resell, the Actual Costs, etc. may include manufacturing, packaging, and other costs borne by the Company (in each case, limited to the scope of damages ordinarily incurred by the Company).
Article 11 (Prohibited Acts)
Users shall not engage in any of the following acts:
(1) Registration of false information;
(2) Resale or re-sale of Products, listing at auction, sale to any countries other than the country of residence, or purchase through purchasing agents;
(3) Purchasing through automated means such as bots, scraping, or scripts;
(4) Unauthorized access or acts that interfere with the system;
(5) Acts that infringe the rights, interests, or credit of the Company or any third party; or
(6) Any other acts that the Company deems inappropriate.
Article 12 (Restricted-list and Restrictions on Use)
1. The Company may, at its discretion, manage on a blacklist any User found to have committed a violation described in the preceding Article or any other misconduct.
2. In registering a relevant User on the blacklist, the Company may make a comprehensive determination based on IP addresses, payment information, delivery address information, and other relevant connections.
3. With respect to Users registered on the blacklist, the Company may, without prior notice, take measures such as refusal of future applications, cancellation of orders, suspension of shipment, and revocation of membership.
4. The Company shall be under no obligation to disclose the reasons for blacklist registration and shall not, under any circumstances, respond to any objection.
Article 13 (Suspension of Use and Revocation of Membership)
If a User violates these Terms, the Company may, without prior notice, suspend the use of all or part of the Service, terminate Sales Contracts, revoke membership, or take any other necessary measures.
Article 14 (Intellectual Property Rights)
All copyrights, trademark rights, design rights, and other intellectual property rights relating to the Service belong to the Company or the legitimate rights holders.
Article 15 (Handling of Personal Information)
The Company shall appropriately handle Users' personal information in accordance with the Company's Privacy Policy <https://hike.inc/privacy/>. In addition, Users acknowledge, accept, and agree in advance that the Company may use the Products, its production and manufacturing track record, the contents of its services, and the like, to the extent that no individual can be identified, for websites and social media via the Internet, as well as for exhibitions, advertisements, and all other public relations activities.
Article 16 (Indications under the Japanese Act on Specified Commercial Transactions)
With respect to business operator information, payment methods, conditions for cancellation, modification, and return of orders, and other indications required under the Japanese Act on Specified Commercial Transactions in connection with the Service, the contents set forth in the "Indications Based on the Japanese Act on Specified Commercial Transactions" posted on the website of the Service shall apply.
Article 17 (Disclaimer and Limitation of Liability)
1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, The Company makes no warranties or representations whatsoever as to the content, completeness, accuracy, or usefulness of the Service.
2. The Company shall bear no responsibility whatsoever for any damage arising from natural disasters, communication failures, system failures, acts of third parties, or any other causes not attributable to the Company.
3. Where the Consumer Contract Act applies, the Company's liability shall be limited to direct and ordinary damages actually suffered by the User, except in cases of willful misconduct or gross negligence on the part of the Company.
Article 18 (Changes, Suspension, and Termination of the Service)
The Company may change, suspend, or terminate all or part of the Service without prior notice.
Article 19 (Amendment of the Terms)
The Company may amend these Terms with a reasonable period of advance notice, and the amended Terms shall become effective upon publication on any website or other media of the Service.
Article 20 (Severability)
Even if any provision of these Terms is determined to be invalid, the remaining provisions shall continue in full force and effect.
Article 21 (Governing Law and Jurisdiction)
These Terms shall be governed by the laws of Japan, and the Tokyo District Court or the Tokyo Summary Court shall have exclusive jurisdiction in the first instance over any dispute arising between the Company and a User in connection with the Service.