Terms of service



These Terms of Service (hereinafter referred to as the "Terms") govern the use of the online shop (hereinafter referred to as the "Service") provided by UPPER HOUSE Co., Ltd. (hereinafter referred to as the "Company"). All registered users (hereinafter referred to as the "Users") shall use the Service in accordance with these Terms.

Article 1 (Application)

1. These Terms shall apply to all relationships between the User and the Company concerning the use of the Service.
2. The Company may establish various rules for use of the Service in addition to these Terms (hereinafter referred to as the "Individual Provisions"). Regardless of their name, these Individual Provisions shall constitute part of these Terms.
3. If any provision of these Terms conflicts with the provisions of the Individual Provisions set forth in the preceding paragraph, the provisions of the Individual Provisions shall take precedence unless otherwise specified in the Individual Provisions.

Article 2 (Registration for Use)

1. For the Service, registration for use shall be completed when an applicant for registration agrees to these Terms, submits an application for registration via the method specified by the Company, and the Company notifies the applicant of its approval of the application.
2. The Company may reject an application for registration if it determines that the applicant falls under any of the following grounds, and shall have no obligation to disclose the reason for such rejection.

   1. Submitting false information when applying for registration
   2. An application from a person who has previously violated these Terms
   3. Other cases where the Company determines that registration is not appropriate

Article 3 (User ID and Password Management)

1. Users shall manage their User ID and password for the Service at their own risk.
2. Under no circumstances may a User transfer, lend, or share their User ID or password with a third party. The Company shall deem any login using a User ID and password combination that matches the registered information to be use by the User who registered that User ID.
3. The Company shall not be liable for any damages incurred due to a User ID and password being used by a third party, unless the Company has acted intentionally or with gross negligence.

Article 4 (Sales Contracts)

1. For the Service, a sales contract shall be formed when a User submits a purchase application to the Company and the Company notifies the User that it has accepted the application. Ownership of the relevant product shall transfer to the User when the Company delivers the product to the delivery carrier.
2. The Company may cancel the sales contract set forth in the preceding paragraph without prior notice to the User if the User falls under any of the following grounds:

   1. If the User has violated these Terms
   2. If delivery of the product cannot be completed due to an unknown delivery address or prolonged absence
   3. If the Company determines that the delivery address designated is an overseas forwarding service, purchase proxy service, private post office box, warehouse, logistics proxy service, or other similar service or facility
   4. Other cases where the Company deems that the trust relationship between the Company and the User has been damaged
3. Payment methods, delivery methods, purchase cancellation methods, return methods, and other matters related to the Service shall be governed by separate methods specified by the Company.

Article 5 (Intellectual Property Rights)

Copyright and other intellectual property rights of product photos and other content provided through the Service (hereinafter referred to as the "Content") shall belong to the Company and other legitimate right holders such as content providers, and Users may not reproduce, republish, modify, or otherwise perform secondary use of such Content without permission.

Article 6 (Prohibited Acts)

Users shall not engage in the following acts when using the Service:

1. Acts that violate laws or public order and morals
2. Acts related to criminal behavior
3. Acts that infringe on copyrights, trademark rights, and other intellectual property rights contained in the Service
4. Acts that destroy or interfere with the functions of the Company's servers or networks
5. Acts that commercially use information obtained through the Service
6. Acts that may interfere with the operation of the Company's services
7. Acts of unauthorized access or attempting to do so
8. Acts of collecting or accumulating personal information of other Users
9. Acts of impersonating other Users
10. Acts of directly or indirectly providing benefits to antisocial forces in connection with the Company's services
11. Acts of designating an overseas forwarding service, purchase proxy service, private post office box, warehouse, logistics proxy service, or other similar service or facility as a delivery address to purchase or receive Company products
12. Other acts that the Company deems inappropriate

Article 7 (Suspension of Service Provision, etc.)

1. The Company may suspend or discontinue provision of all or part of the Service without prior notice to Users if it determines that any of the following grounds apply:

   1. When performing maintenance, inspection, or updates to the computer system related to the Service
   2. When provision of the Service becomes difficult due to force majeure such as earthquakes, lightning strikes, fires, power outages, or natural disasters
   3. When a computer or communication line is stopped due to an accident
   4. Other cases where the Company determines that provision of the Service is difficult
2. The Company shall not be liable for any disadvantages or damages suffered by Users or third parties due to suspension or discontinuation of Service provision, regardless of the reason.

Article 8 (Use Restriction and Registration Cancellation)

1. The Company may restrict use of all or part of the Service to Users or cancel their registration as Users without prior notice if the User falls under any of the following:

   1. If the User has violated any provision of these Terms
   2. If it is found that the registered information contains false facts
   3. If the credit card designated by the User as a payment method has been suspended
   4. If the User has defaulted on payment obligations such as fees
   5. If there is no response to communications from the Company for a certain period
   6. If there has been no use of the Service for a certain period since the last use
   7. Other cases where the Company deems use of the Service inappropriate
2. The Company shall not be liable for any damages suffered by Users due to acts performed by the Company under this Article.

Article 9 (Withdrawal)

Users may withdraw from the Service through the prescribed withdrawal procedure.

Article 10 (Disclaimer of Warranties and Limitation of Liability)

1. The Company does not warrant that the Service is free from factual or legal defects (including defects related to safety, reliability, accuracy, completeness, validity, fitness for a particular purpose, security, etc., errors, bugs, and rights infringements).
2. The Company shall not be liable for any damages suffered by Users due to the Service. However, if the contract between the Company and the User concerning the Service (including these Terms) is a consumer contract as defined by the Consumer Contract Act, this disclaimer provision shall not apply. Even in such a case, the Company shall not be liable for damages arising from special circumstances (including cases where the Company or the User could have foreseen the occurrence of damages) among damages suffered by Users due to non-performance of obligations or tortious acts caused by the Company's negligence (excluding gross negligence).
3. The Company shall not be liable for any transactions, communications, disputes, etc. arising between Users or between a User and a third party in connection with the Service.

Article 11 (Changes to Service Content, etc.)

The Company may change the content of the Service or discontinue provision of the Service without notice to Users, and shall not be liable for any damages suffered by Users due to such changes or discontinuation.

Article 12 (Changes to Terms of Service)

The Company may change these Terms at any time without notice to Users if it deems it necessary. After the Terms are changed, if the User begins to use the Service, the User shall be deemed to have agreed to the revised Terms.

Article 13 (Handling of Personal Information)

The Company shall handle personal information obtained through use of the Service appropriately in accordance with its "Privacy Policy".

Article 14 (Notifications and Communications)

Notifications or communications between Users and the Company shall be made via the method specified by the Company. The Company shall deem the currently registered contact information to be valid unless the User submits a change notification in accordance with the method specified separately by the Company, and shall send notifications or communications to that contact information. Such notifications or communications shall be deemed to have reached the User at the time of transmission.

Article 15 (Prohibition of Assignment of Rights and Obligations)

Users may not assign their position under the usage contract or their rights or obligations under these Terms to a third party or provide them as collateral without the Company's prior written consent.

Article 16 (Governing Law and Jurisdiction)

1. The interpretation of these Terms shall be governed by the laws of Japan. Furthermore, the United Nations Convention on Contracts for the International Sale of Goods shall not apply to the Service.
2. In the event of any dispute arising from the Service, the exclusive jurisdiction shall be the courts with jurisdiction over the location of the Company's head office.