Terms of service

Terms of Service

Sara Co., Ltd. (hereinafter referred to as the “Company”) sets forth these Terms of Service (hereinafter referred to as the “Terms”) for the use of the services (hereinafter referred to as the “Services”) provided on the Company’s website and mobile site (including https://sowinoue.com/; hereinafter referred to as “SOW INOUE ONLINE STORE”).

Please also review the “Payment Methods” and “FAQ” separately provided by the Company, as they form part of your understanding of the Services.

Article 1 (Scope of Application)

These Terms apply to the provision and use of the Services by the Company and customers (meaning users of the Services, including browsing SOW INOUE ONLINE STORE and purchasing products through SOW INOUE ONLINE STORE).

For services provided by the Company other than the Services, separate terms established for such services shall apply, and unless otherwise specified in those separate terms, these Terms shall not apply.

Article 2 (Changes to These Terms)

  1. The Company may amend these Terms at any time if any of the following applies. After such amendment, the amended Terms shall apply to the provision and use of the Services:
    (1) the amendment is in the customer’s interest; or
    (2) the amendment does not contradict the purpose of the contract and is reasonable in light of the necessity of the amendment, the appropriateness of the amended content, and other circumstances relating to the amendment.

  2. When the Company amends these Terms, the Company shall determine the effective date and, prior to such effective date, notify customers of the amended Terms and the effective date by posting on the Company’s website or by email or any other method the Company deems appropriate.

Article 3 (Use of the Services)

  1. Customers shall use the Services in accordance with these Terms after agreeing to them.

  2. If a customer is a minor, the customer shall use the Services only after obtaining the consent of a legal guardian.

Article 4 (Member Registration)

  1. Customers shall apply for member registration through the Services when using the Services. When applying, please read the input instructions carefully and accurately enter the required information in the designated form. If the Company approves the registration, the Company will send a registration confirmation email, and the applicant will be registered as a member upon receipt of such email.

  2. The Company may refuse to approve an application for member registration if the applicant falls under any of the following:
    (1) the application contains false information;
    (2) the applicant is a minor and applied without legal guardian consent;
    (3) the applicant has previously been subject to suspension or cancellation of membership or similar measures by the Company;
    (4) the applicant falls under the category of anti-social forces as defined in Article 18; or
    (5) the Company reasonably determines that approving the application is inappropriate.

Article 5 (Management of Login Information)

  1. Customers shall manage their email address and password (collectively, “Login Information”) strictly at their own responsibility.

  2. Customers shall not lend, transfer, sell, disclose, or share their Login Information with any third party.

  3. The Company will identify customers by the Login Information entered through the prescribed method, and any expression of intent by the identified customer shall be deemed to be that of the customer. This does not apply where a third party uses the Login Information due to reasons attributable to the Company.

  4. If customers become aware that their Login Information is being used improperly by a third party, they shall immediately contact the Company and follow the Company’s instructions if any.

  5. The Company shall not be liable for any damages caused by inadequate management of Login Information, misuse, or unauthorized use by a third party, unless such damages are attributable to the Company.

Article 6 (Changes to Registered Information)

If any change occurs to all or part of the registered information (including address, name, phone number, etc.), customers shall promptly update such information by the method specified by the Company. The Company shall not be liable for damages arising from failure to update registration information, unless attributable to the Company.

Article 7 (Purchase of Products)

  1. Customers may apply to purchase products using the Services in accordance with the method separately specified by the Company.

  2. A sales contract regarding products between the Company and the customer shall be formed when the Company sends notice accepting the application described in the preceding paragraph.

  3. Ownership of the product shall transfer to the customer at the time the Company delivers the product to the carrier.

  4. After the sales contract is formed, the Company will arrange shipment in accordance with the order details. Customers agree in advance that delivery may be delayed depending on the delivery area and shipping conditions.

Article 8 (Payment Methods)

  1. The total amount payable for products includes the purchase price (including consumption tax and local consumption tax), shipping fees, and handling fees related thereto (and may include customs duties or other charges depending on the destination).

  2. Payment for products purchased through the Services shall be made only by a credit card in the customer’s own name or other payment methods separately approved by the Company.

  3. If payment is made by credit card, the customer shall comply with the terms separately agreed with the credit card company. Any disputes arising between the customer and the credit card company (or other payment provider) shall be resolved by the customer at the customer’s own responsibility.

Article 9 (Cancellation of Contract by the Company)

  1. If any of the following occurs, the Company may cancel the sales contract for the product between the Company and the customer:
    (1) the customer violates these Terms;
    (2) the product is out of stock and cannot be readily delivered;
    (3) the product cannot be delivered due to an unknown address or extended absence (unless attributable to the Company);
    (4) the product is not received for a certain period (unless attributable to the Company);
    (5) a minor purchased without legal guardian approval.

  2. In the event of cancellation under the preceding paragraph (excluding cancellation under Item (2)), the customer agrees in advance that any refund processing fees and return shipping costs shall be borne by the customer. If the Company pays such fees, the Company may claim reimbursement from the customer.

Article 10 (Order Cancellation, Returns, and Exchanges)

  1. Customers may not cancel orders, return, or exchange products except in cases of defective products or incorrect products delivered.

  2. In the case of defective products or incorrect products, the customer shall contact the Company within 30 days of receipt via the inquiry channels. If contact is made within the deadline, the Company will provide an exchange or refund. When returning a product to the Company, the customer shall include the delivery note and send the product cash on delivery (freight collect) as instructed.

  3. Purchases for resale, re-sale, or other commercial purposes are prohibited (see Article 14, Item (8)). The Company cannot accept exchanges or refunds for (1) products purchased for such purposes or (2) products actually subject to resale or re-sale. If the Company reasonably suspects (1) or (2), the Company may conduct an investigation before determining the response and may refrain from immediate exchange or refund.

  4. If a customer returns products to the Company without a valid reason (including but not limited to returns that do not fall under Paragraph 2, refusal to accept delivery, or inability to receive delivery), or if a customer includes personal belongings in a returned package, the Company will notify the customer without delay after receiving such items and request instructions for retrieval within a reasonable period. The Company will return such items “as is,” and the Company shall not be responsible for the condition of such items (including deterioration, deformation, wear, damage, or spoilage), unless attributable to the Company.

  5. If the customer does not provide instructions within the reasonable period set forth in the preceding paragraph, the customer shall be deemed to have abandoned ownership and other rights, and the Company may dispose of the item at its discretion (including by discarding).

Article 11 (Membership Cancellation)

  1. Customers wishing to cancel membership shall complete the designated cancellation procedures specified by the Company. Membership will be cancelled upon completion of such procedures.

  2. After cancellation, the customer loses all rights as a member.

  3. The Company may retain customer information for a certain period after cancellation in accordance with applicable laws and regulations.

Article 12 (Suspension of Use, Cancellation of Membership, and Liability for Damages)

  1. If the Company determines that a customer falls under any of the following, the Company may suspend use of the Services or cancel membership without prior notice or demand:
    (1) false declaration at the time of registration;
    (2) delay in payment or other default;
    (3) fraudulent acts in connection with the Services;
    (4) use or registration by a minor without legal guardian consent;
    (5) prior measures such as suspension/cancellation by the Company;
    (6) interference with the Company’s operations;
    (7) being an anti-social force (including violation of Article 18);
    (8) violation of laws or these Terms, or risk thereof;
    (9) any other case where the Company reasonably deems the customer inappropriate as a member.

  2. Even if damages arise to the customer as a result of measures taken under the preceding paragraph, the Company shall not be liable unless attributable to the Company.

  3. If the customer causes damages to the Company or a third party due to intentional or negligent acts that fall under Paragraph 1, the customer shall compensate for such damages.

Article 13 (Handling of Member Information)

The Company shall handle customer information in accordance with the Company’s separately established Privacy Policy.

Article 14 (Prohibited Acts)

Customers shall not engage in any of the following:

  1. acts that violate laws, these Terms, or other Company rules;

  2. acts that infringe or may infringe rights, interests, or reputation of the Company, other customers, or third parties;

  3. acts that cause or may cause nuisance to the Company, other customers, or third parties;

  4. acts contrary or potentially contrary to public order and morals;

  5. acts that interfere with operation of the Services or may cause disruption;

  6. acts that damage or may damage the Company’s credibility;

  7. placing a large volume of orders at once;

  8. purchasing products for resale, re-sale, or other commercial purposes through the Services;

  9. entering false or misleading information;

  10. purchasing products by impersonating a third party;

  11. sending or posting harmful computer programs, emails, etc. to SOW INOUE ONLINE STORE;

  12. unauthorized access to the Company’s servers or computers;

  13. lending/transferring/selling/disclosing/sharing Login Information;

  14. fraudulently applying for or holding multiple memberships;

  15. acts that damage or undermine the Company’s credibility;

  16. any other acts the Company reasonably deems inappropriate.

Article 15 (Interruption or Suspension of the Services)

To maintain a stable operating environment, the Company may interrupt or suspend all or part of the Services without prior notice if necessary for periodic or emergency maintenance, excessive system load, operational difficulties, ensuring customer security, or other reasons deemed necessary by the Company. The Company shall not be liable for damages arising therefrom unless attributable to the Company.

Article 16 (Disclaimer)

  1. The Company shall not be liable for any damages, losses, or disadvantages (direct or indirect) incurred by customers due to force majeure, power outages, communication failures, computer/system failures, interruptions/delays/suspension, data loss, unauthorized access, or other causes not attributable to the Company.

  2. If a customer causes damages to a third party through use of the Services, the customer shall resolve such matter at their own responsibility and expense and shall not cause any damage to the Company.

  3. The Company does not guarantee the accuracy, timeliness, usefulness, or reliability of information provided via the website, emails, etc.

  4. The Company may change or discontinue the site structure, terms of use, URLs, and content without notice.

  5. The Company shall not be liable for damages to customers or third parties arising from the customer’s violation of these Terms or other Company rules.

  6. In cases such as unknown address, the Company shall be deemed to have fulfilled its obligations and be released from liability by processing matters based on the information registered by the customer.

  7. Even where the Company is liable, unless there is willful misconduct or gross negligence by the Company, the Company’s liability shall be limited to direct and ordinary damages actually incurred by the customer, and in any event shall not exceed the amount equivalent to the purchase price.

Article 17 (Intellectual Property Rights)

  1. All rights in phrases, images, designs, and other content/data used in the Services (including copyrights, trademarks, and any other intellectual property rights, ownership rights, portrait rights, publicity rights, etc.) belong to the Company or other legitimate rights holders. Customers shall not engage in any act that infringes such rights.

  2. If any issue arises between a rights holder or third party and a customer due to violation of this Article, the customer shall resolve it at their own responsibility and expense and shall not cause any damage to the Company, unless attributable to the Company.

Article 18 (Exclusion of Anti-Social Forces)

  1. Customers represent and warrant that:
    (1) they have no relationship with organized crime groups, members thereof, related companies/organizations, corporate extortionists, political/social activist racketeers, special intelligence violent groups, or any similar persons or groups (collectively, “Anti-Social Forces”), and will not fall under Anti-Social Forces in the future;
    (2) they will not use themselves or third parties to commit violent acts, fraud, threats, obstruction of business, or other unlawful acts against the Company;
    (3) they will not allow Anti-Social Forces to use their name or use the Services for the benefit of Anti-Social Forces.

  2. If a customer violates the representations and warranties in the preceding paragraph, the Company may, without notice or demand, cancel the sales contract and delete the customer’s membership registration and take other measures permitted under these Terms.

  3. The customer shall compensate the Company for damages arising from or relating to a breach of the representations and warranties in Paragraph 1.

Article 19 (Severability)

If any provision of these Terms (or any part thereof) is determined to be invalid or unenforceable under laws, regulations, or guidance, the remaining provisions and parts shall remain in full force and effect.

Article 20 (Prohibition of Assignment)

Customers shall not assign, transfer, or provide as security their membership status in connection with the Services or any rights/obligations arising therefrom to any third party without the Company’s prior written consent.

Article 21 (Good-Faith Consultation)

If any issue arises in connection with use of the Services that cannot be resolved under these Terms or through the Company’s guidance/response, the Company and the customer shall discuss in good faith to resolve the matter.

Article 22 (Governing Law and Jurisdiction)

These Terms shall be governed by the laws of Japan. Any disputes arising out of or relating to use of the Services (including court mediation procedures) shall be subject to the exclusive jurisdiction of the Tatsuno Summary Court or the Kobe District Court as the court of first instance.