Terms of use
bookWIND AND SEAThe Online Store Terms of Use (hereinafter referred to as the "Terms") stipulates the matters that all users must comply with when using this service (defined in Article 2) provided by franky Co., Ltd. (hereinafter referred to as the "Company"), as well as the rights and obligations relationship between the Company and the 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 applies to all relationships between the User and the Company regarding the use of the Service.
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 entered into a sales contract with the Company pursuant to Article 5, Paragraph 1.
(5) "Payment Company" means a company that provides payment services prescribed by the Company that can be used on this Service.
(6) "Intellectual property rights" means copyrights, patent rights, utility model rights, trademark rights, design rights, and other intellectual property rights (including the right to acquire such rights or apply for registration, etc., with respect to such rights).
(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” means that its domain is “https://windandsea.jp/” means the website operated by our company (if the domain or content of our website is changed for any reason, this includes the website after the change).
(12) "Service" means an internet mail order service that sells Products on this site.
(13) “This product” refers to the “product” provided by our company.WIND AND SEA(If the name or content of the Fashion Brand Service is changed for any reason, this includes the Fashion Brand Service after the change.)
(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, shipping address, etc. provided by the User to the Company in Article 5, Paragraph 1.
(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") shall register as a member of this Service by agreeing to comply with these Terms and providing certain information specified by the Company in the manner specified by the Company. Upon completion of the registration, a contract regarding the use of this service in accordance with the provisions of these Terms of Use (hereinafter referred to as the "Usage Agreement") will be established between the Company and the person wishing to register.
2. If the User uses the 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 is not responsible 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. Additionally, 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 following the method prescribed by the company and providing certain information specified by the company to the company (hereinafter referred to as the "Order").
2. When the Company sends a notification to the user to the email address registered in the Service to the user that the Company accepts the Order, a sales contract regarding the Product concerned (hereinafter referred to as the "Sales Agreement") will be established between the User and the Company.
3. The User shall pay to the Company, with respect to the Products related to this sales contract, the price of the Products listed on the Service, the consumption tax, the delivery fee prescribed by the Company, and, if cash on delivery is selected as the payment method, the cash on delivery fee prescribed by the Company, using the method prescribed 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 this 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 shall consent in advance to receiving notifications by e-mail from the Company regarding approval of prepaid mail order sales based on the same article.
Article 6 Lottery
1. Notwithstanding the provisions of the preceding article, for some of the Products, the Company may determine by lottery the User who will be the other party to this Sales Contract from among the Users who placed the Order (hereinafter referred to as the "Lottery"). In this case, when 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 the Product does not conform to the contents of this Sales Agreement (excluding cases of minor nonconformity such as the actual dimensions differing from the dimensions indicated on this site), and the User contacts the Company within 7 days from the date the Product arrives at the User.
(2)This product has initial defects such as damage or stains,
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 provide 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 agree to this in advance.
3. Notwithstanding the provisions of Paragraphs 1 and 2, if the User uses the Product, if the Product is damaged or soiled after delivery, or if there is any other reasonable reason why the Company does not accept the return, return, or exchange of the Product with a substitute, the Company may refuse the User's request for return, return, or exchange with a substitute, and the User shall not raise any objections to the Company's refusal to return, return, or exchange with a substitute.
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 a payment method, and if cash on delivery is selected, the order will be deemed to have been cancelled.
6. The provisions of this article stipulate the Company's legal liability (including liability for follow-up performance, liability for non-compliance, and tort liability) with respect to non-conformity of this product with the contract, and beyond what is provided in this article, the Company assumes no responsibility for any non-conformity of the 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 earthquake, fire, or other unavoidable circumstances, the Company may cancel this sales contract, and the Company may take refunds or other measures deemed appropriate by the Company.
2. In the event that 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, if the Product is not received within 3 months (however, 8 days if the User selects cash on delivery as the payment method), the Company may cancel this sales contract.
3. If the User falls under any of the following items, the Company may cancel this Sales Agreement.
(1) In case of violation of these Terms
(2) If the user's designated credit card company contacts them to the effect that the credit card has defaulted.
(3) If the user selects cash on delivery as the payment method and does not pay for the product upon receipt of the product;
(4) When it is reasonably recognized that the user's ability to pay is in jeopardy.
(5) If it is discovered that a minor, adult ward, person under curatorship, or person under assistance has made a purchase without the approval of a legal representative, guardian, curator, or assistant.
(6) If any of the reasons specified in the items of Article 14, Paragraph 1 apply, or if it is reasonably recognized that there is a risk of falling under any of the reasons.
(7) If there is any other reasonable reason for the Company to cancel this sales contract.
4. If any of the items in the preceding paragraph apply, the user will naturally lose the benefit of time for any debts owed to the company, and must immediately pay all debts to the company.
5. Even if the Company cancels the Sales Contract pursuant to this article, the User may not request the Company to refund the price of the Product, consumption tax, shipping fee, cash on delivery fee, etc. related to the Sales Contract.
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 risk, and shall not allow any third party to use them, nor shall they be lent, transferred, changed name, bought or sold, etc.
2. The member user shall be responsible for any damages caused by insufficient management of account information, errors in use, use by a third party, etc., and the Company will not bear any responsibility.
3. If a member user discovers that their account information has been stolen or used by a third party, they must 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.
(1) Acts that infringe on intellectual property rights, portrait rights, privacy rights, reputation, and other rights or interests of the Company, external business operators, or other third parties (including acts that directly or indirectly cause such infringements).
(2) Acts that violate laws and regulations, acts related to criminal acts, or acts that violate public order and morals.
(3) Acts of purchasing this product for resale, resale, or other commercial purposes
(4) Acts of purchasing this product using the BOT system or other methods other than those specified by our company.
(5) Acts of purchasing this Product in excess of the purchase limit set by the Company for each Product. Also, the act of applying for a lottery in excess of the limit on the number of applications provided in this service.
(6) Acts of creating multiple accounts given to a user or acts of impersonating another person
(7) Act of refusing to receive this product
(8) Acts of transmitting information containing computer viruses or other harmful computer programs
(9) Acts of fraudulently using a credit card or acts that are reasonably considered to be likely to be fraudulently used.
(10) Acts that are reasonably deemed to be likely to interfere with the operation of this service by our company.
(11) Other acts that our company reasonably deems inappropriate.
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. In the event that any of the following applies, the Company may suspend or suspend all or part of the use of the Service without prior notice to the User.
(1) When regularly or urgently inspecting or maintaining computer systems related to this service.
(2) If computers, communication lines, etc. stop due to an accident.
(3) If the Service cannot be operated due to force majeure such as fire, power outage, natural disaster, etc.
(4) In the event of trouble, suspension or suspension of service provision, suspension of cooperation with this Service, specification changes, etc. with Shopify or other external services that collaborate with this Service.
(5) In other cases where the Company deems suspension or interruption to be reasonably necessary.
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 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 leakage, depending on their usage environment of the Service.
3. Even if the Company stores information about users for a certain period of time for operational reasons, the Company is not obligated to store such information and the Company may delete such information at any time.
Article 13 Attribution of rights
All ownership rights and intellectual property rights regarding this Site and this Service belong to the Company or those who have granted a license to the Company, and the license to use the Service set forth in these Terms of Use does not mean the transfer or license of the intellectual property rights of the Company or the person who has granted a license to the Company regarding this Site or this Service, except as specified in these Terms of Use. Users shall not engage in any acts (including, but not limited to, disassembling, decompiling, and reverse engineering) that may infringe on the intellectual property rights of the Company or those who have granted licenses to the Company for any reason.
Article 14 Registration Cancellation, etc.
1. If a Member User falls under any of the following items, the Company may temporarily suspend the Member User's use of the Service or cancel the Member User's membership registration without prior notice or demand.
(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) If you are a minor, an adult ward, a person under curatorship, or a person under assistance, and you have not obtained the consent, etc. of your legal representative, guardian, curator, or assistant to register as a member.
(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 crime 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 related to organized crime groups, corporate racketeers, social movements, etc.), organized crime gangs, special intelligence gangs, and others who use violence, force, or fraudulent methods to obtain economic benefits. (hereinafter the same applies), or if the Company determines that the Company has any kind of interaction or involvement with anti-social forces, etc., such as cooperating with or participating in the maintenance, operation, or management of anti-social forces, etc., through funding or otherwise.
(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 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 other matters directly or indirectly from the Company, the Company does not provide any guarantee to the User beyond what is stipulated in these Terms.
2. Although this Service is provided using Shopify, we do not guarantee the cooperation between Shopify and this Service, and the Company does not assume any responsibility for any problems with such cooperation, unless it is attributable to the Company.
3. The Company's obligation to the user under this sales contract shall be fulfilled by shipping the product to the delivery address notified to the Company as user information, and the Company shall not be held responsible for the non-delivery of the Product unless there is a reason attributable to the Company.
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 will not be responsible for any such matters except in cases attributable to the company.
5. The Company shall not be liable for compensation for any interruption, suspension, termination, unavailability or change in the provision of the Service by the Company, deletion or disappearance of user information, cancellation of member user registration, termination of this sales contract with the User, loss of data due to use of the Service, malfunction or damage to equipment, or any other damage suffered by the User in connection with the Service, except in cases where the Company is responsible.
6. Even if this site provides links to other websites, or links from other websites to this site, the Company shall not be held responsible for any websites other than this site or the information obtained therefrom, except in cases attributable to the Company.
7. In the event that the Company is unable to perform its obligations under the User Agreement due to circumstances beyond its reasonable control (including, but not limited to, fire, power outage, hacking, computer virus invasion, earthquake, flood, war, epidemic, embargo, strike, riot, inability to secure supplies and transportation facilities, intervention, instructions, or requests from government or local authorities, or the enactment, amendment, or abolition of domestic or foreign laws and regulations), the Company shall not be liable for default to the User during the period in which such condition continues.
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 and shall not include lost profits, indirect damages, etc., and shall be limited to the total amount of the 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 contents, handle the complaint or dispute at the User's expense and responsibility, and 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 User's use of the Service, the User must compensate the Company for the amount that the Company is forced to pay to the third party based on the claim.
Article 17 Confidentiality
In the event that the User is provided or disclosed by the Company, or becomes aware of any information regarding the Company's technology, sales, operations, finances, organization, or other matters in connection with the User Agreement or the Service, the User shall treat such information as confidential information and use it only for the purpose of using the Service, and shall not provide, disclose, or leak the Company's confidential information to any third party without the written consent of the Company.
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, and the User agrees to the Company's handling of the User's 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 shall not object to this.
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 shall remain in effect between the Company and the member user until the earlier of the day the member user's registration is canceled or the provision of this service is terminated.
2. Even if the Usage Agreement is terminated, this Sales Agreement (excluding cases where it is cancelled) shall remain in effect until the performance of this Sales Agreement is completed, and the provisions of the Usage Agreement shall remain in effect during the effective period of this Sales Agreement as far as they are concerned.
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, regulations, etc. 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 changes and the effective date of the changes by the Company's designated method 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. Users may not assign, transfer, set collateral, or otherwise dispose of the status under the usage contract or this sales contract or the rights or obligations based on these terms to a third party without the prior written consent of the company.
2. In the event that the Company transfers the business related to this Service to a third party (whether by business transfer, company split, or any other form), the Company may transfer the status under the usage agreement and sales contract, the rights and obligations based on these Terms, and user information and other customer information 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 herein, and supersede all prior agreements, representations and understandings, whether oral or written, between the Company and the User with respect to the matters contained herein.
Article 24 Severability
Even if any provision or part of this Agreement is determined to be invalid or unenforceable under the Consumer Contract Act or other laws and regulations, the remaining provisions of this Agreement and the remaining portions of the provisions that are partially determined to be invalid or unenforceable will remain in full force and effect, and the Company and The User shall endeavor to amend the invalid or unenforceable clause or part to the extent necessary to make it lawful and enforceable, and to ensure that the purpose of the invalid or unenforceable clause or part is as well as the same legal and economic effect.
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, The provisions of 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]