Terms of service
Terms of Use
Article 1 (Application of These Terms)
These Terms of Use (hereinafter referred to as "the Terms") apply to all use of the service (as defined in Article 2) provided by Oriental Coffee Ventures Inc.(株式会社Oriental Coffee Ventures) (hereinafter referred to as "the Company").
Users shall use the service in accordance with these Terms, and may not use the service unless they agree to the Terms. Once the user utilizes the service, they are deemed to have agreed to these Terms.
Article 2 (Definitions)
The definitions of terms used in these Terms are as follows:
- "Member" refers to a user who has agreed to these Terms and completed membership registration for the service according to the method specified by the Company.
- "Purchase Agreement" refers to the sales contract for the product established between the user and the seller.
- "Seller" refers to an entity using the service to sell products.
- "Company Website" refers to the website operated by the Company (https://lonich.coffee, including any change of domain, if applicable).
- "Anti-Social Forces" refers to criminal organizations such as yakuza, their members, semi-members, associated companies, corporate extortionists, social movement groups involved in violence, political organizations involved in violence, special intelligence criminal groups, and others that are similar.
- "Laws and Regulations" refers to laws, notices, guidelines, and other judicial and administrative regulations.
- "Service" refers to the e-commerce service provided by the Company under the domain "lonich.coffee" (including any changes of domain, if applicable).
- "Product" refers to products sold by the Company through the service.
- "User" refers to an individual who has agreed to these Terms and uses the service according to the method specified by the Company.
- "User Information" refers to the information defined in Article 4.
Article 3 (Membership Registration)
To register as a member, users must agree to these Terms and complete the application as specified by the Company. The Company may, at its discretion, refuse to accept the application and is not obligated to disclose the reason for the refusal.
The Company may offer different services to members and non-members, and the content of the services may be decided and changed by the Company at any time.
Article 4 (User Information)
Users must provide the information specified by the Company at the time of membership registration or at any other time specified by the Company. If there are any changes to the information after using the service, users must promptly notify the Company of such changes. The Company is not liable for any damage caused to the user due to the failure to notify of such changes.
The handling of personal information by the Company is governed by the privacy policy established separately by the Company, and users agree to the Company's handling of their personal information in accordance with the privacy policy.
The Company may freely use the statistical data and other information obtained from the user’s use of the service, provided that the data is processed in a statistical manner, and the user agrees to this.
Users must promptly respond if the Company requests materials, information, or other responses necessary for the provision of the service. If the user fails to provide the required materials, information, or responses, the Company is not liable for any inability to provide the service.
Article 5 (Purchase Agreement)
The Purchase Agreement is concluded when the user places an order and the agreement is established between the user and the seller.
The user cannot request refunds, exchanges, or cancellations for orders due to their own convenience.
The price of the product in the Purchase Agreement is the amount displayed at the time the user placed the order.
If it is difficult to secure stock for an item in the Purchase Agreement, the Company or the seller may cancel the purchase agreement for the portion of the product that cannot be secured. In this case, the Company will refund the equivalent amount of the canceled portion of the purchase agreement within 30 days.
Article 6 (Payment)
The user shall pay the price of the product purchased through the service using the method specified by the Company, and the Company will act as the agent for receiving payment. The user shall not pay the price of the product directly to the seller.
Once the user pays the price of the product to the Company, the user's payment obligation to the seller for the product will be extinguished.
If the user delays the payment or any other obligation related to these Terms, the user shall pay the Company a late payment penalty of 14.6% per annum (calculated on a daily basis) along with the amount that was originally due.
Article 7 (Delivery)
Delivery of the product will be considered complete once the product is shipped to the address specified by the user at the time of the order. Delivery may be handled by the seller directly to the user, or through the Company. Delivery conditions are governed by the delivery policy established by the Company.
Article 8 (Handling of Returns, etc.)
If the product is damaged, defective, or differs from the ordered product due to reasons attributable to our company or the seller, the user may return or exchange the product. In this case, the user must notify us within 30 days of the product's delivery. If we or the seller cannot provide a replacement, we will refund the user’s designated account. The shipping costs for the return and reshipment of the product will be borne by our company.
Notwithstanding the above, the user cannot return or exchange the product if it falls under any of the following categories:
- Products that have been opened or used.
- Products damaged by the user.
- Products with external packaging damage during delivery, where the content is unaffected.
- Products that the company reasonably deems unsuitable for return or exchange for other reasons.
Article 9 (Ownership and Risk Bearing)
Ownership of the product shall transfer from the seller to the user upon delivery, in accordance with Article 7.
The risk of the product shall be borne by the seller before delivery and by the user after delivery.
Article 10 (Changes to these Terms and Conditions)
We may change these terms and conditions (including matters related to the fees of this service) from time to time under any of the following circumstances. In such cases, the modified terms and conditions shall apply to the user’s conditions of use and the contents of the contract.
- When the change is in line with the general interest of the users.
- When the change does not contradict the purpose of the contract, and the necessity, appropriateness, and rationality of the changes are confirmed.
When making such changes, we will notify the user of the content of the changed terms and the effective date of the changes, with at least 14 days' notice. The change will take effect after the notice period expires.
Article 11 (Management of ID and Password)
The user is solely responsible for the use and management of the ID and password granted to them by our company. Any use of the service with the ID and password will be considered as the user’s use, and the user agrees to this in advance.
The user shall not allow a third party to use their ID and password, nor transfer, pledge, or dispose of them in any way.
Article 12 (Prohibited Acts)
The user shall not engage in the following acts (including acts that induce or prepare for these):
- Acts that violate laws and regulations applicable to the user.
- Using the service for criminal purposes.
- Providing false or incomplete information when using the service.
- Sending or displaying false information on the service.
- Acquiring information of other users or third parties beyond the necessary scope for using the service.
- Sending or displaying personal information beyond the necessary scope.
- Acts that violate social norms or public order.
- Sending or displaying information that could reasonably be considered offensive to third parties.
- Infringing the intellectual property rights or other rights of the company, other users, or third parties.
- Posting tools, programs, etc., that damage or interfere with software or hardware used by the company, other users, or third parties.
- Reverse engineering, reverse compiling, or reverse assembling of the service.
- Any acts similar to the above.
- Destruction or interference with the service, our servers, or network functions.
- Using defective, altered data or unauthorized programs (referred to as “improper use”) to gain benefits for oneself or third parties.
- Developing, distributing, or using tools and programs for improper use, or inducing, soliciting, or assisting others to do so.
- Using the service for purposes other than its intended purpose.
- Using the service with another user’s ID and password.
- Acquiring another user’s ID or password.
- Registering multiple memberships under the same user (including registering separately from a PC, mobile phone, or smartphone).
- Providing direct or indirect benefits to anti-social forces in connection with the service.
- Damaging the reputation or credibility of the company, other users, or third parties.
- Sending fraudulent, violent, or threatening messages.
- Reproducing, redistributing, or reproducing the service or its information without prior written consent from the company, regardless of whether it is copyrighted or not.
- Using the service for resale or resale purposes.
- Any other acts that the company reasonably deems inappropriate.
Article 13 (Representations and Warranties)
The user represents and warrants that the information provided to the company and the information transmitted, displayed, or otherwise shared by the user through the service does not contain any of the following:
- Content that violates or is likely to violate laws or regulations.
- Content that infringes or is likely to infringe the intellectual property rights or other rights of the company, other users, or third parties.
- False or incomplete content.
- Content that violates social norms or public order and morals.
- Content that can be reasonably deemed offensive to third parties.
- Content that affirms, glorifies, or promotes crime or anti-social forces.
- Content that damages the honor or credibility of the company, other users, or third parties.
- Any other content that the company reasonably deems inappropriate.
If the company suffers any damage due to the user’s violation of the above representations and warranties, the user shall compensate for all such damages.
Article 14 (Termination and Suspension of the Service)
The company may, at its discretion, terminate the service by notifying the users in advance through a method it deems appropriate.
In the following cases, the company may temporarily suspend all or part of the service without prior notice to the users:
- When performing regular or emergency maintenance on the service.
- When excessive access or other unexpected factors cause excessive load on the system.
- When it becomes necessary to ensure the security of users.
- When telecommunications services from a telecommunications provider are unavailable.
- When the provision of the service becomes difficult due to force majeure, such as damage from computer viruses or cyberattacks that cannot be prevented with reasonable countermeasures, outbreaks of epidemics, fires, power outages, or natural disasters.
- When the company reasonably determines that suspension is necessary under circumstances equivalent to the above.
The company shall not be liable for any damages incurred by the user due to the measures taken under this article.
Article 15 (Cancellation of Registration, etc.)
The company may, without prior notice to the user, cancel the user's registration for the service and terminate all or part of the purchase contract if any of the following apply:
- If the user fails to pay for the product, engages in prohibited activities, or violates any provision of these terms (including breaches of representations and warranties).
- If it is discovered that the user has previously been suspended from using this service or any other service provided by the company, or had their registration revoked.
- If the user is subject to seizure, provisional seizure, provisional disposition, tax delinquency disposition, or any other action by public authorities.
- If a petition for the commencement of bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, or special liquidation is filed.
- If the user has not used the service for more than six months.
- If the company requests a response from the user and no response is received for more than 30 days.
- If the company reasonably determines that the user's use of the service is inappropriate.
In addition to the above, the company may cancel the user's registration by notifying the user at least 30 days in advance.
Instead of canceling the registration as stipulated in paragraph 1, the company may, without prior notice to the user, suspend all or part of the user's access to the service for a period determined by the company. The user agrees in advance that service fees will continue to accrue in full even during the suspension period.
The company shall not be liable for any damages incurred by the user due to measures taken under this article.
Article 16 (Withdrawal)
A user who has completed membership registration may withdraw from the service by notifying the company through the procedure specified by the company.
Article 17 (Service Content and Specifications)
The company may change the content and specifications of the service (including support-related content and specifications) without prior notice, and users shall not object to such changes.
Article 18 (Outsourcing)
The Company may, at its discretion, outsource all or part of the operations related to this Service to a third party.
Article 19 (Intellectual Property Rights and License)
(Intellectual Property Rights and License)
Patent rights, copyrights, design rights, utility model rights, trademark rights, and other intellectual property rights related to this Service shall belong to the Company or a third party who holds such rights. The permission to use this Service does not imply a license to use intellectual property rights beyond the scope necessary for utilizing this Service.
Users shall retain the intellectual property rights to any text, images, videos, or other information they transmit or display in relation to this Service. However, users grant the Company all necessary rights to use such information and intellectual property to the extent necessary for providing and improving this Service.
Users may use this Service only within the scope of its intended purpose on a non-exclusive basis. Users may not sublicense the use of this Service to any third party.
Users shall not reproduce, adapt, publicly transmit, or otherwise utilize any content or other information distributed through this Service beyond the scope necessary for using this Service.
If a user loses their eligibility to use this Service due to account deletion or contract termination, their right to use this Service shall also be terminated.
Article 20 (Disclaimer)
This Service is provided "as is," and each function of the Service is provided at the time of availability by the Company. The Company makes no guarantees to users regarding the suitability of the Service for any particular purpose, the presence of expected functions, the achievement of expected results, the absence of defects, or the outcomes of usage.
If a dispute arises between a user and a third party regarding this Service, the user shall resolve the dispute at their own expense and responsibility without causing any inconvenience to the Company. The user shall also compensate the Company for any damages suffered as a result of such disputes.
Users shall back up their own data at their own expense and responsibility. The Company shall not be liable for any loss or damage to data arising from the use of this Service, regardless of the cause.
Users shall, at their own expense and responsibility, ensure that their use of this Service complies with applicable laws, regulations, and self-regulatory rules. The Company makes no warranties in this regard and assumes no responsibility.
The Company does not guarantee the accuracy, timeliness, legality, completeness, or usefulness of information on websites linked within this Service. The Company shall not be liable for any damages incurred by users due to such linked websites.
The Company shall not be liable for any damages incurred by users due to computer viruses, cyber-attacks, pandemics, fires, power outages, natural disasters, or other force majeure events that could not be prevented by reasonable security measures.
Even if the Company is liable for damages to users due to the Company's negligence, the liability shall be limited to the amount of the product fee actually received from the user within the past three months from the occurrence of the liability event (or a maximum of 10,000 yen if no fee was paid in that period). Furthermore, the liability shall only cover direct and actual damages incurred by the user. The Company shall not be liable for indirect damages, lost profits, business opportunities, or any other special damages. The provisions of this article and other disclaimers in this Agreement apply only when the Company is not considered to have intent or negligence.
Article 21 (Third-Party Services)
This Service may integrate with services operated by third parties such as Shopify. However, the Company does not guarantee the continued integration of such third-party services.
Users shall use third-party services at their own responsibility, and the Company shall not be liable for any damages incurred by users as a result of using such third-party services.
The use of third-party services shall be governed by the terms and conditions, agreements, and other applicable rules established between the user and the third-party service provider. Users shall review and comply with these terms at their own responsibility.
Article 22 (Confidentiality)
The User shall not use any information disclosed by the Company in connection with these Terms and explicitly indicated as confidential at the time of disclosure (hereinafter referred to as "Confidential Information") for any purpose other than the use of the Service, nor shall the User disclose or leak such information to any third party without the Company's consent.
Notwithstanding the provisions of the preceding paragraph, the following information shall not be considered Confidential Information. However, personal information shall be deemed Confidential Information even if it falls under any of the following categories:
(1) Information that was publicly known at the time it was received or learned.
(2) Information that became publicly known after being received or learned, without any fault attributable to the User.
(3) Information that the User had already acquired at the time it was received or learned.
(4) Information obtained from a third party who has legitimate authority to disclose it.
(5) Information created or developed independently without reliance on Confidential Information.
Notwithstanding the provisions of paragraph 1, the User may disclose Confidential Information if required to do so by law, court order, or requests from governmental agencies.
Article 23 (Notifications)
In the event that the Company needs to notify the User in connection with the Service, the Company may do so using methods deemed appropriate by the Company, such as posting on the Service or the Company's website, or sending emails or documents to the email address or postal address registered by the User.
Notifications made in accordance with the methods specified in the preceding paragraph shall become effective: (i) when the notification content is posted on the Service or the Company's website, or (ii) when the Company sends the email or document.
Article 24 (Validity Period)
The validity period of this Agreement shall be separately determined by the Company at the time the User applies for use under Article 3.
Notwithstanding the provisions of the preceding paragraph, if the User cancels their membership, their registration is deleted, or the Service is terminated, this Agreement shall terminate at that time.
Article 25 (Exclusion of Anti-Social Forces)
1. The User represents and warrants that they are not, and will not in the future be, involved in any of the following
(1) The User or their parent company, subsidiaries, affiliates, officers, or key employees are part of anti-social forces.
(2) The User or their parent company, subsidiaries, affiliates, officers, or key employees have socially reprehensible relations with anti-social forces.
(3) It has not been less than five years since the User or their parent company, subsidiaries, affiliates, officers, or key employees ceased to be involved in anti-social forces.
(4) The User, or a third party acting on their behalf, engages in any of the following acts or similar acts against the Company:
1. Violent demands
2. Unreasonable demands exceeding legal responsibilities
3. Threatening behavior or violence in relation to transactions
4. Spreading rumors, using fraudulent schemes, or using force to damage the Company's reputation or interfere with the Company's business
2. In the event the User violates the provisions of the preceding paragraph, the Company may delete the User's registration from the Service and demand compensation for all damages incurred by the Company.
3.The Company shall not be responsible for any damages incurred by the User as a result of the deletion of their registration under the preceding paragraph.
Article 26 (Survival Provisions)
Even if this Agreement is terminated, the provisions of Article 3, Paragraph 1, Articles 4 to 6, Article 8, Article 11, Paragraph 2, Articles 12, 13, 14, Paragraphs 3 and 4, Articles 19 to 22, Paragraphs 2 and 3 of Article 25, and Articles 26 to 29 shall remain valid and in effect. However, with regard to Article 22, it shall remain in effect for a period of 3 years after the termination of this Agreement.
Article 27 (Transfer of Rights and Obligations)
The User shall not transfer, assign, pledge, or otherwise dispose of any of their rights, obligations, or status under this Agreement to any third party, except with the prior consent of the Company.
If the Company transfers its business related to the Service to a third party, the Company may transfer its status, rights, and obligations under this Agreement, as well as information regarding the User and all other information related to the User, to the transferee of the business. The User agrees in advance to this transfer.
Article 28 (Severability)
If any provision or part of a provision of this Agreement is determined to be invalid or unenforceable, such determination shall not affect the validity of the remaining provisions of this Agreement, which shall continue to be valid and enforceable. Both the Company and the User shall make efforts to ensure that the purpose of the invalid or unenforceable provision or part is achieved in a manner that has the same effect, and agree to be bound by the revised terms of this Agreement.
If any provision or part of a provision of this Agreement is determined to be invalid or unenforceable with respect to a particular User, it shall not affect the validity of the provisions with respect to other Users.
Article 29 (Governing Law and Jurisdiction)
The interpretation and application of this Agreement shall be governed by the laws of Japan.
For any disputes related to this Agreement, the Tokyo District Court or the Tokyo Summary Court shall be the exclusive court of first instance with jurisdiction.