terms of service

Overview This website is operated by Mitsuboshi Diamond Industrial Co., Ltd. Throughout the site, the terms "we", "us" and "our" refer to Mitsuboshi Diamond Industrial Co., Ltd. Mitsuboshi Diamond Industrial Co., Ltd. offers this site to you, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from our site, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Use", "Terms"), including those terms and conditions set forth herein, as well as any additional terms and conditions or policies referenced herein or available by hyperlink. These Terms of Use apply to all users of the site, whether they are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Use before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Use. If you do not agree to all the terms and provisions of this agreement, then do not access the website or use any services. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use.

Any new features or tools which are added to the current store shall also be subject to the Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms of Use at any time by posting updates, changes or portions of these Terms of Use. It is your responsibility to check for changes periodically. Your continued access or use of the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that enables us to provide our products and services.

1 Online Store Terms of Use By agreeing to these Terms of Use, you represent that you are of legal age in your state or province of residence, or that you are of legal age in your state or province of residence and have given us your consent to allow any minor to use the Service. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any code, worms or viruses of a destructive nature. Violation of any of these Terms of Use will result in an immediate termination of your Services.

2 General Conditions We may reject your application if any of the following conditions apply:

・If the product ordered by the user cannot be produced. ・If the Company reasonably determines that there is a risk of fraudulent use of the user's account or credit card. ・If the Company reasonably determines that the user's order is for the purpose of resale. ・If the user or the purchase of a product by the user violates these Terms of Use. ・If the Company otherwise reasonably determines that it is inappropriate to accept the user's application.

3 Accuracy, completeness and timeliness of information We are not responsible if information available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon as a basis for making decisions without reference to primary, more accurate, complete or more timely information. The material on this site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we are under no obligation to update any information on our site. You are responsible for monitoring changes to the site.

4. Changes to Services and Prices We may temporarily suspend all or part of the Service without prior notice to Users if any of the following circumstances apply.

・When it becomes difficult to provide the Service due to natural disasters such as earthquakes, fires, floods, tsunamis, war, civil unrest, terrorism, riots, civil unrest, etc. ・When the servers, communication lines, or other equipment used to provide the Service become unavailable due to breakdowns, failures, power outages, etc. ・When regular or emergency maintenance, inspection, repairs, or changes are required for the systems used to provide the Service ・When requested by law or by the judgment of a judicial or administrative agency
5. Products or Services (if applicable)
Certain products or services may be offered exclusively online through the website. These products or services are subject to return or exchange only according to our Return Policy. While we have made every effort to display as accurately as possible the colors and images of our products that appear at our store, we cannot guarantee that your computer monitor's display of the colors will be accurate. We reserve the right to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on an individual basis. We also reserve the right to limit the quantities of any products or services. Descriptions of products and/or product prices may be altered at any time without notice, at the sole discretion of us. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, nor do we warrant that any errors in the Service will be corrected.

6. Provisions regarding the time of conclusion of the sales contract If a user wishes to purchase a product through this service, the user shall apply to purchase the product in accordance with the method separately specified by the company.
With regard to the application from a user as described in the preceding paragraph, a sales contract for the relevant product will be concluded between the user and our company at the time when the user receives an email from our company accepting the order details.
The ownership and risk of the purchased goods will be transferred to the User at the time of delivery to the delivery address.

7 Accuracy of Billing and Account Information We reserve the right to refuse any order you place. We may, in our sole discretion, limit or cancel quantities purchased per person, household or order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or the same billing and/or shipping address. In the event of a change to or cancellation of an order, we may attempt to contact the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including, without limitation, your email address and credit card numbers, so that we can complete your transactions and contact you as needed.

When the Company notifies or contacts an individual User, such notice will be deemed to have been given by sending the notice to the email address, address, or telephone number provided by the User in the Service.

Please see our Returns Policy for more information.

8 Optional Tools We may provide you with access to third-party tools which we do not monitor or control. You agree and understand that we provide such tools 'as is' and 'as available' without any warranties, representations or conditions of any kind. You agree and understand that your use of any third-party tools offered through the site is at your own risk and discretion and you should review and approve the terms provided by the relevant third-party provider. We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Use.

9 Third-Party Links Some content, products, and services available via our Service may include materials provided by third parties. Third-party links on this site may link you directly to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of these third-party materials or websites. We are not responsible for any harm or damages related to any third-party materials or websites, or any third-party products, services, or any other transactions. Complaints, claims, concerns, or questions regarding third-party products should be directed to the applicable third-party.

10 User Comments, Feedback and Other Submissions If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or by any other means (collectively, "Comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any of your Comments. You expressly agree that we are (1) under no obligation to maintain any Comments in confidence, (2) under no obligation to pay any compensation to you for any Comments, or (3) under no obligation to respond to any Comments. We reserve the right to monitor, edit or remove content that we determine in our absolute discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable. You agree that your Comments will not violate any third-party rights and that your Comments will not violate any right, copyright, trademark, privacy, personality or any other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise misrepresent to us or any third-parties the origin of any comments. You are solely responsible for any comments you post and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

11 PERSONAL INFORMATION Your submission of personal information through the store is subject to our Privacy Policy. See Privacy Policy.

12 Errors, Inaccuracies and Omissions Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions, including those that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions in the Service or on any related website at any time without prior notice, and to change or update information or orders if they are inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, except as required by law, and no specified update or refresh date should be specified in the Service or on any related website, should be taken to indicate that such information has been modified or updated.

13 Prohibited Uses
(a) In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from:

- Using for any illegal purposes - Soliciting others to participate in any illegal activities - Violating any international, federal, state or local regulations, rules, laws, or local ordinances - Infringing our intellectual property rights or those of others - Harassing, abusing, insulting, harming, defaming, disparaging, or discriminating based on gender, sexual orientation, religion, race, age, nationality, or disability - Providing false or misleading information - Not to transmit viruses or other code of a destructive nature - Purchasing for the purpose of resale - Any action that interferes with the operation of the Service or other users' use of the Service - Any other action similar to the above.

Violation of any of these prohibited activities may result in immediate termination of your Services and/or refusal to provide you with future Services.

 

(b) All rights to all content used by the Company in providing the Service (hereinafter referred to as "Content") belong to the Company. The use of the Service by the User does not imply a transfer or license of rights to the Content, and the User does not acquire any rights to the Content.

14 Disclaimers; Limitation of Liability We make no warranties regarding the following:

- The Service will conform to the User's specific purpose or have the functionality, usefulness, quality, level or value expected by the User.
- This service complies with laws and regulations applicable to users.
- Whether the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or terminate the service at any time, without notice to you.You expressly agree that the service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

If the user incurs damages in connection with the Service due to our default or tortious conduct, unless the Company is guilty of intentional or gross negligence, the Company shall be liable to the extent of damages that would normally arise (excluding damages caused by lost profits or other special circumstances). This includes lost profits, lost revenue, lost savings, lost data, replacement costs, or similar damages, whether based on contract, tort (including negligence), strict liability, or other legal theory. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our exclusion or limitation shall apply to the extent permitted by law.

15 Indemnification. You agree to indemnify and hold us harmless, including reasonable expenses, including attorneys' fees, from any claim or demand made by us or our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees due to or arising out of your breach of these Terms of Use or the documents they reference, or your violation of any law or the rights of a third party, or any claim or demand made by you or any of our affiliates, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees of these Terms of Use or the documents they reference.

16 Severability If any provision of these Terms of Use is held to be unlawful, void or unenforceable, such provision will be reformed to the maximum extent enforceable in accordance with applicable law, or, if such reform is not possible, will be severed from these Terms of Use and the other provisions will continue in effect.

17 Obligations and liabilities of the parties incurred prior to the termination date shall survive for all purposes notwithstanding the termination of this Agreement. These Terms of Use may be terminated at any time without notice by either you or us. You may terminate these Terms of Use at any time without notice. If you breach any provision or condition of these Terms of Use, or if we suspect such a breach, we reserve the right to terminate this Agreement at any time without notice of such agreement, in which case you will be liable for all amounts accrued up to the date of termination. In addition, in such case, we may deny you access to the Services. In addition, if we discover after the conclusion of the sales contract that you have a reason for application rejection set forth in Article 2 of these Terms of Use, or if the credit card company's approval is not obtained for your payment (including the occurrence of a chargeback), we may cancel the sales contract concluded with you.

18 Entire Agreement The failure of the Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use and any policies or operating rules posted by the Company on this site or published by the Company in respect to the Service constitutes the entire agreement and understanding between you and the Company and cancel and replace any prior or contemporaneous agreements, communications and proposals (whether oral or written) relating to your use of the Service, including any prior versions of these Terms of Use.

These Terms of Use and any separate agreements providing services shall be interpreted and resolved in accordance with the laws of Japan. Any disputes arising from the Service or these Terms of Use shall be submitted to the exclusive jurisdiction of the Tokyo District Court or the Tokyo Summary Court in the first instance.

20 Changes to Terms of Use If any of the following items apply, we may change the contents of these Terms by publishing or notifying you on this page or by other means we deem appropriate, and the changes will apply from the date of change.
(1) When the changes to these Terms and Conditions are in the general interest of users.
(2) When the change to these Terms of Use does not conflict with the purpose of these Terms of Use and is reasonable in light of the necessity for the change, the appropriateness of the content after the change, the content of the change, and other circumstances related to the change.

21 Exclusion of Antisocial Forces 1. Users shall represent and promise to the Company the following items.

① You are not, and will not be in the future, a member of an organized crime group, a quasi-member of an organized crime group, a company related to an organized crime group, a corporate racketeer, a swindler pretending to be a social activist, a special intelligence violent group, an individual who has been a member of an organized crime group within the last five years, or any other person similar to these (hereinafter referred to as "anti-social forces, etc.").

② The Company is not, and will not in the future, in a relationship in which its management is controlled by antisocial forces, in which antisocial forces are substantially involved in its management, in which it uses antisocial forces to obtain wrongful benefits for itself or a third party or to cause damage to a third party, in which it provides funds or convenience to antisocial forces, or in which its officers, etc. or persons substantially involved in its management have any other relationship with antisocial forces that could be socially criticized.

③ Not to engage in any of the following acts, either by yourself or through a third party: violent demands, unreasonable demands that exceed legal responsibility, threatening behavior or the use of violence in relation to transactions, spreading rumors or using fraudulent means or force to damage the Company's reputation or interfere with the Company's business, or other acts similar to these.

2. If the User violates the provisions of the preceding paragraph, the Company reserves the right to cancel the User's registration, terminate the contract, or take any other measures that the Company deems necessary without any notice or warning to the User.
It is assumed that this is possible.

3. Any user who violates paragraph 1 shall compensate the Company for any damages caused by or related to the violation.

22. Contact Information If you have any questions regarding these Terms of Use, please contact us at:

Name of recipient: Mitsuboshi Diamond Industrial Co., Ltd.

Email address: info@ozree.shop

Please contact us via the contact page.