These WIND AND SEA Online Store Terms of Use (hereinafter referred to as the "Terms") apply to the use of this service (defined in Article 2) provided by franky Co., Ltd. (hereinafter referred to as the "Company"). In doing so, we have established matters that all users must comply with and the relationship of rights and obligations between our company and all users. If you wish to use this service, please be sure to read the entire text before agreeing to these terms.

Article 1 Application

1. The purpose of these Terms is to define the rights and obligations between the Company and the User (as defined in Article 2) regarding the use of the Service, and all relationships between the User and the Company regarding the use of the Service. Applies to
2. Rules, regulations, etc. regarding the Service that the Company may post from time to time on the Site (as defined in Article 2) shall constitute a part of these Terms.

Article 2 Definitions

The following terms used in these Terms shall have the meanings set forth below.
(1) “Shopify” means the service provided by Shopify Commerce Singapore Pte.Ltd. that allows you to open an online store.
(2) "Member User" means an individual or corporation who has concluded a usage contract with the Company by registering as a member of this Service based on Article 3, Paragraph 1.
(3) "External Business Operator" means Shopify Commerce Singapore Pte.Ltd., a payment company, or any other business that provides external services that collaborate with the Service.
(4) “Guest User” means an individual or corporation who uses the Service without registering as a member of the Service and has concluded a sales contract with the Company pursuant to Article 5, Paragraph 1. Masu.
(5) "Payment Company" means a company that provides payment services designated by the Company that can be used on this Service.
(6) "Intellectual property rights" refers to copyrights, patent rights, utility model rights, trademark rights, design rights, and other intellectual property rights (obtaining such rights or applying for registration, etc., of such rights) (including the right to do so).
(7) “Lottery” means a “Lottery” as defined in Article 6, Paragraph 1.
(8) “Registration Applicant” means “Registration Applicant” as defined in Article 3, Paragraph 1.
(9) “Registered Information” means “Registered Information” as defined in Article 3, Paragraph 1.
(10) “This Sales Agreement” means the “Sales Agreement” as defined in Article 5, Paragraph 2.
(11) "This site" refers to a website operated by our company whose domain is " https://windandsea.jp/ " (if the domain or content of our website is changed for any reason) , this includes the website after such changes).
(12) "Service" means an internet mail order service that sells Products on this site.
(13) “Products” refers to clothing related to the fashion brand named “WIND AND SEA” provided by the Company (if the name or content of the fashion brand service is changed for any reason, the (Includes Fashion Brand Services after modification).
(14) “Order” means the “Order” as defined in Section 5.1.
(15) “User” means a collective term for member users and guest users.
(16) "User information" refers to the information provided to the Company by those who wish to register in Article 3, Paragraph 1, and the information such as name and shipping address provided by the User to the Company in Article 5, Paragraph 1. It means a general term for.
(17) “Usage Agreement” means the “Usage Agreement” as defined in Article 3, Paragraph 1.

Article 3 Membership registration or use as a guest user

1. A person who wishes to use this Service as a member of this Service (hereinafter referred to as a "Registration Applicant") agrees to comply with these Terms and Conditions and provides certain information specified by the Company. By providing your personal information to us in this manner, you will be registering as a member of this service. Upon completion of the registration, a contract regarding the use of the Service in accordance with the provisions of these Terms of Use (hereinafter referred to as the "Usage Contract") will be established between the Company and the person wishing to register.
2. If a user uses this service as a guest user, the contents of these Terms shall apply to the sales contract concluded between the guest user and the Company pursuant to Article 5, Paragraph 2.

Article 4 User information

1. When providing user information, applicants and users must provide true, accurate, and up-to-date information to the Company.
2. If there is a change in the information registered as user information, the user shall change the user information on this site without delay using the method specified by the Company. Users will not be able to purchase this product unless their user information is updated to the latest information.
3. The Company shall not be liable for any damages (including, but not limited to, non-delivery of this product) caused by the user's incorrect input of user information or failure to update the information to the latest information. We do not take any responsibility. In addition, if the Company, an external business operator, or any other third party suffers damage due to the User inputting false or fraudulent information, the User shall be liable for damages to the Company and the third party.

Article 5 Purchase of this product

1. If a user wishes to purchase this product on this service, the user shall apply to purchase this product by providing certain information specified by the company to the company in accordance with the method prescribed by the company (hereinafter referred to as " (referred to as "Main Order").
2. When the Company sends a notification to the user to the e-mail address registered in the Service to the user that the Company accepts the Order, a sales contract (hereinafter referred to as (hereinafter referred to as the “Sales Agreement”) shall be concluded.
3. The User shall provide the Company with the price of the Product listed on the Service, the consumption tax and the shipping fee prescribed by the Company, and if cash on delivery is selected as the payment method for the Product related to the Sales Contract. The cash on delivery fee specified by the Company shall be paid by the method specified by the Company.
4. Shipping charges and cash on delivery fees for this product through this service shall be as stated in the "Notation regarding Specified Commercial Transactions" on this site.
5. The Company will ship this product to the delivery address registered as user information within 7 days from the date of receiving the order, using the method specified by the Company. However, if the Company separately indicates the shipping time on the purchase page for the Product on this Site, the Product will be shipped at that time. If there is a delay in shipping the Product, the Company shall notify the User by the method prescribed by the Company, and upon such notification, the Company shall be exempted from any liability for the delay in delivery of the Product.
6. Ownership of the Products purchased by the User through the Service will be transferred to the User when the Products are delivered to the User.
7. After the Sales Contract is established, the User may not cancel the purchase of the Product, unless otherwise provided by the Consumer Contract Act or other mandatory laws or regulations or these Terms.
8. Unless otherwise provided in these Terms, the Company shall not be obligated to refund the price, consumption tax, shipping fee, cash on delivery fee, etc. related to the Product already received from the User.
9. If Article 13 of the Act on Specified Commercial Transactions applies to this sales contract, the User consents in advance to receiving notifications such as approval for prepaid mail order sales from the Company by email pursuant to the same article. will do.

Article 6 Lottery

1. Notwithstanding the provisions of the preceding article, for some of the Products, the Company may decide by lottery the user who will be the other party to this sales contract from among the users who have placed the Order (hereinafter referred to as "Lottery"). Says.). In this case, at the time the Company sends a notification to the email address registered by the User in this Service to the User that the User has been selected as a purchaser of the Product through a lottery and that the Order has been accepted. , this sales contract will be established between the user and the Company.
2. The Company shall conduct the lottery in a fair and impartial manner in accordance with the procedures prescribed by the Company. Please note that we cannot respond to any inquiries from users regarding the lottery method.
3. The Company will not be held responsible in any way even if a user is unsuccessful in the lottery and is unable to purchase this product.

Article 7 Returns/Exchanges

1. As a general rule, we do not accept returns, returns, or exchanges for substitutes for this product. However, in the following cases, the User may request the Company to return, return, or exchange the Product with a substitute.
(1) If the type, content, or quantity of this product does not conform to the contents of this sales contract (excluding cases of minor nonconformity such as cases where the dimensions indicated on this site differ from the actual dimensions). and the Company is contacted within 7 days from the day the Product arrives at the User.
(2) If the Product has an initial defect such as damage or staining, and the quality does not comply with the contents of this sales contract, and the Company is contacted within 7 days from the date the Product arrives at the user.
2. The Company will return, return, or exchange the Product with a substitute at the User's request only if the Company reasonably determines that there is a reason listed in the preceding paragraph. However, if the Company is unable to respond to a replacement due to discontinuation of sales of the Product, lack of stock, or other reasonable reasons, the Company may respond by returning or returning the Product, and the User shall not be required to do so in advance. You agree to the following.
3. Notwithstanding the provisions of Paragraphs 1 and 2, if the User uses the Product, or if the Product is damaged or soiled after delivery, the Company may not be able to return the Product, return it, or exchange it with a substitute. If there is a reasonable reason for non-compliance, the Company may refuse the User's request for return, return, or exchange with a substitute, and the User shall not accept the Company's request for return, return, or exchange with a substitute. No objection shall be raised regarding the refusal.
4. Except for the cases stipulated in Paragraph 1, the User may not request the Company to return, return, or exchange the Product with a substitute due to the User's convenience or other reasons.
5. When shipping this product overseas, the user cannot select cash on delivery as the payment method, and if cash on delivery is selected, the order will be considered canceled. Masu.
6. The provisions of this article stipulate the Company's legal liability (including liability for performance follow-up, liability for default, and liability for tort) regarding nonconformity of this product to the contract, and the Company shall not comply with this article. We are not responsible for any non-conformance of this product with the contract.

Article 8 Cancellation of this sales contract and other measures by our company

1. If production, manufacture, or delivery of this product becomes difficult due to earthquakes, fires, or other unavoidable circumstances, the Company may cancel this sales contract, and the Company may provide refunds or other measures as deemed appropriate by the Company. We will take appropriate measures.
2. If the Product is not received due to the User's refusal to receive the Product, long-term absence, incorrect address entry, or other user circumstances, and the Product is returned, 3 days after the original Product is shipped. If the item is not received after a period of one month (8 days if the user selects cash on delivery as the payment method), the Company may cancel this sales contract. Masu.
3. If the User falls under any of the following items, the Company may cancel this Sales Agreement.

4. If any of the items in the preceding paragraph apply, the user will naturally lose the benefit of time for all debts owed to the company and must immediately pay all debts to the company. It doesn't have to be.
5. Even if the Company cancels this sales contract based on this article, the User shall refund to the Company the price of the Product, consumption tax, shipping fee, cash on delivery fee, etc. related to this sales contract. No claims may be made.

Article 9 Account information management

1. Member Users shall manage and store their user IDs and passwords for this Service (hereinafter referred to as "Account Information") at their own responsibility, and shall not allow third parties to use, lend, or rent them. You may not transfer, change name, buy or sell, etc.
2. The member user shall be responsible for any damage caused by insufficient management of account information, usage errors, third party use, etc., and the Company will not be held responsible.
3. If a member user discovers that their account information has been stolen or used by a third party, they shall immediately notify the Company and follow instructions from the Company.

Article 10 Prohibited acts

1. When using this service, users must not engage in any of the following acts.

2. The Company shall not be liable to the User for any non-delivery of the Product or any other damage suffered by the User due to the User's violation of the preceding paragraph.

Article 11 Suspension of this service, etc.

1. If any of the following apply, the Company may suspend or suspend all or part of the use of the Service without prior notice to the User.

2. Our company may terminate the provision of this service at our reasonable discretion. In this case, the Company shall notify the User in advance.
3. The Company shall not be responsible for any damage caused to the User based on the measures taken by the Company pursuant to this article.

Article 12 Equipment burden, etc.

1. Preparation and maintenance of computers, smartphones, software and other equipment, communication lines and other communication environments necessary to receive the provision of this service shall be carried out at the user's expense and responsibility.
2. Users shall take security measures at their own expense and responsibility, such as preventing computer virus infection, unauthorized access, and information leaks, depending on their usage environment of the Service.
3. Even if the Company retains information about users for a certain period of time for operational reasons, the Company is not obligated to retain such information, and the Company may delete such information at any time.

Article 13 Attribution of rights

All ownership rights and intellectual property rights related to this site and this service belong to our company or those who have granted license to our company, and the license to use this service stipulated in these terms is clearly stated in these terms. This does not imply the transfer or license of the intellectual property rights of the Company or those who have granted licenses to the Company regarding this Site or the Service. The User shall not engage in any act that may infringe the intellectual property rights of the Company or those who have granted license to the Company for any reason (including, but not limited to, disassembling, decompiling, and reverse engineering). ).

Article 14 Registration Cancellation, etc.

1. If a member user falls under any of the following items, the Company will temporarily suspend the use of this service for the member user without prior notice or demand, or terminate the member user's use of the service. Users may cancel their membership registration.

(1) If any provision of these Terms is violated, or if the Company reasonably determines that there is a risk of violation.
(2) If it is found that user information contains false information, errors, or omissions;
(3) If it turns out that the person has had their membership registration canceled in the past.
(4) The person is either a minor, an adult ward, a person under curatorship, or a person under assistance, and has not obtained the consent of a legal representative, guardian, curator, or assistant to register as a member. If
(5) If the Service is used or attempted to be used for any purpose or method that may cause damage to the Company, external business operators, or other third parties.
(6) If any of the items in Article 8, Paragraph 3 falls under, or it is reasonably recognized that there is a risk of falling under,
(7) If you interfere with the operation of this service by any means
(8) If payments are suspended or become insolvent, or if a petition is filed to commence bankruptcy proceedings, civil rehabilitation proceedings, or similar proceedings.
(9) If there is a petition for seizure, provisional seizure, provisional disposition, compulsory execution, or auction.
(10) If you have been disposed of for delinquent taxes and public dues.
(11) In case of death
(12) Anti-social forces, etc. (organized groups, organized crime members, associate members of organized crime groups, persons who have ceased to be members of organized crime groups or associate members of organized crime groups for less than five years, companies affiliated with organized crime groups, corporate racketeers, social movements, etc.) , special intelligence violent group, or any other group or individual that pursues economic gain by using violence, force, or fraudulent methods (the same shall apply hereinafter), or maintaining anti-social forces, etc. through funding or other means. If the Company determines that the Company has any kind of interaction or involvement with anti-social forces, etc., such as cooperating with or being involved in the operation or management of the Company.
(13) In other cases where the Company reasonably determines that it is inappropriate to continue the usage contract as a user.

2. Member Users may cancel their Member User registration by notifying the Company using the method prescribed by the Company at least 10 days in advance.
3. The Company shall not be responsible for any damage caused to Member Users due to the Company's actions pursuant to this article.

Article 15 Disclaimer of Warranty and Disclaimer

1. Even if the User obtains any information regarding the Service, the Site, the Products, or any other matters directly or indirectly from the Company, the Company shall not provide the User with any information beyond what is stipulated in these Terms. We do not provide any guarantees.
2. Although this service is provided using Shopify, we do not guarantee the cooperation between Shopify and this service, and our company will not be responsible for any problems with such cooperation, unless it is our responsibility. Not responsible.
3. The Company's obligations to users based on this sales contract shall be fulfilled by shipping to the delivery address notified to the Company as user information, and unless there is a reason attributable to the Company, the Company shall not We are not responsible for any non-delivery of this product.
4. Transactions, communications, disputes, etc. that occur between the user and external business operators or other third parties in connection with this service or this site shall be handled and resolved at the user's responsibility, and the Company is not responsible. The Company shall not be responsible for any such matters, except in cases attributable to the Company.
5. The Company may suspend, stop, terminate, disable or change the provision of the Service, delete or lose user information, cancel the registration of member users, cancel the sales contract with the user, or use the Service. The Company shall not be held responsible for any loss of data, failure or damage to equipment, or any other damage suffered by the User in connection with this Service, unless the Company is attributable to the Company.
6. Even if this site provides a link to another website, or another website provides a link to this site, our company will not be responsible for any websites other than this site and the information obtained therefrom. We do not assume any responsibility except in cases where it is attributable to us.
7. The Company shall not be subject to circumstances beyond its reasonable control (fire, power outage, hacking, computer virus invasion, earthquake, flood, war, epidemic, embargo, strike, riot, inability to secure supplies or transportation facilities, If the user is unable to fulfill his or her obligations under the usage contract due to intervention, instructions, or requests from government authorities or local governments, or the enactment, amendment, or abolition of domestic or foreign laws and regulations, the user shall shall not be liable for any default.
8. Even if the Company is liable for damages to the User due to the application of the Consumer Contract Act or other mandatory laws or for any other reason, the Company's liability shall be limited to direct and ordinary damages, lost profits and indirect damages. This does not include damages, etc., and the upper limit is the total purchase price of the Product actually received from the User based on the Sales Contract in which the cause of the damage occurred.

Article 16 User's liability for compensation, etc.

1. If the User causes damage to the Company by violating these Terms or in connection with the use of the Service, the User must compensate the Company for the damage.
2. If the User receives a complaint from an external business operator or other third party in connection with the Service, or if a dispute arises with them, the User shall immediately notify the Company of the content thereof, and Users shall handle such claims or disputes at their own expense and responsibility, and shall report the progress and results to the Company upon request from the Company.
3. If the Company receives any claim from an external business operator or other third party due to infringement of rights or any other reason in connection with the use of the Service by the User, the User shall must compensate the person for the amount he or she was forced to pay.

Article 17 Confidentiality

In connection with the usage agreement or this service, if the user is provided or disclosed by the company, or becomes aware of any information regarding the technology, sales, operations, finance, organization, or other matters of the company, the user We will use such information as confidential information only for the purpose of using this service, and we will not provide, disclose, or leak our company's confidential information to any third party without our written consent.
Article 18 Handling of personal information, etc.
1. The Company's handling of users' personal information (meaning "Personal Information" as defined in Article 2, Paragraph 1 of the Act on the Protection of Personal Information) shall be in accordance with the provisions of the Company's separately established privacy policy. Users agree to our handling of their personal information in accordance with this privacy policy.
2. The Company may, at its discretion, use and publish the information, data, etc. provided by the User to the Company as statistical information in a form that does not identify individuals, and the User may object to this. shall not be stated.

Article 19 Validity period

1. The usage agreement shall become effective on the day the registration of a member user is completed pursuant to Article 3, Paragraph 1, and the earlier of the date the registration of the member user is canceled or the provision of this service ends. The terms and conditions shall remain in effect between the Company and the Member User until the date of this Agreement.
2. Even if the usage contract is terminated, this sales contract (excluding cases where it is cancelled) shall remain in effect until the performance of this sales contract is completed, and the provisions of the usage contract shall apply to this sales contract. shall remain in effect during the term of this Sales Agreement.

Article 20 Changes to these Terms, etc.

1. Our company may freely change the content of this service.
2. The Company may change these Terms (including rules and regulations regarding the Service posted on the Site; the same shall apply hereinafter in this section). If the Company makes any changes to these Terms, the Company shall notify the details of the change and the effective date of the change by the method specified by the Company by the effective date. If the user uses this service after the announced effective date, the user will be deemed to have agreed to the changes to these Terms.

Article 21 Contact/Notification

Inquiries regarding this service and other communications or notifications from users to the Company, notifications regarding changes to these Terms, and other communications or notifications from the Company to the users shall be made in the manner determined by the Company.

Article 22 Transfer of these Terms, etc.

1. The User shall not assign, transfer, set collateral, or otherwise dispose of the User Agreement or the status of this Sales Agreement or the rights or obligations based on these Terms to a third party without the prior written consent of the Company. You can't.
2. In the event that the Company transfers the business related to this Service to a third party (regardless of business transfer, company split, or any other form), the terms and conditions of the Usage Agreement and this Sales Agreement shall accompany the transfer. The status, rights and obligations based on these Terms, and user information and other customer information may be transferred to the transferee, and the user shall agree to such transfer in advance in this section.

Article 23 Full Agreement

These Terms constitute the entire agreement between the Company and the User with respect to the matters contained in these Terms, and are subject to any prior agreements, representations and understandings, whether oral or written, between the Company and the User with respect to the matters contained in these Terms. Priority.

Article 24 Severability

Even if any provision or part of these Terms is determined to be invalid or unenforceable under the Consumer Contract Act or other laws and regulations, the remaining provisions and parts of these Terms will be invalid or unenforceable. The remaining portions of the provisions determined to be invalid or unenforceable will remain in full force and effect, and the Company and the User shall replace such invalid or unenforceable provisions to the extent necessary to make them lawful and enforceable. We will endeavor to amend the invalid or unenforceable clause or part to ensure its purpose and legal and economic equivalent effects.

Article 25 Survival provisions

Article 4 Paragraph 3, Article 5 Paragraphs 5 and 8, Article 6 Paragraphs 2 and 3, Article 7, Article 8 Paragraphs 4 and 5, Article 9 Paragraph 2 , Article 10, Paragraph 2, Article 11, Paragraph 3, Article 12, Article 13, Article 14, Paragraph 4, Articles 15 to 18, and Articles 22 to 26. shall remain in effect even after the termination of the usage agreement or this sales agreement. However, Article 17 shall last only for five years after the end of the usage contract or this sales contract.

Article 26 Governing law and competent court

The governing law of these Terms is Japanese law, and the Tokyo District Court or Tokyo Summary Court shall have exclusive jurisdiction of the first instance for any disputes arising from or related to these Terms.
Article 27 Consultative settlement
In the event that any question arises regarding matters not stipulated in these Terms or the interpretation of these Terms, the Company and the User shall promptly resolve the matter through mutual consultation in accordance with the principle of good faith and good faith.

[Established on April 20, 2022]
[Updated on October 16, 2023]