Terms of Service

Article 1 (Application)

These Terms of Use shall apply to all relationships related to the use of the Services between Users and Gugenka.

Article 2 (User Registration)

• Gugenka recommends that you register as a user of the Services before using the Services. Without user registration for the Services, some functions of the Services may not be available.
• Registration for use of the Services shall be completed when an applicant applies for registration for use of the Services in accordance with the method specified by Gugenka and Gugenka approves the application.
• If Gugenka determines that the applicant has any of the following reasons, Gugenka may not approve the application for user registration and shall not be obligated to disclose the reasons for such denial.
  (1) When false information is reported in the application for user registration.
  (2) If the application is from a person who has violated these Terms of Use.
  (3) In any other case in which Gugenka deems the registration of use to be inappropriate.

Article 3 (Management of User ID and Password)

• Although the Services is open to the public, certain parts, components, contents, and features of the Services are available only to individuals who have signed in to the Services using their Services ID and completed the registration procedures for use of the Services (each, a "registered user".). The User shall manage his/her user ID and password for the Services at his/her own responsibility.
• Users shall, under no circumstances, be responsible for maintaining and managing the User ID and password used for the Services in confidence, and shall not transfer, lend, or sell them to any third party. When a user logs in with a combination of user ID and password that matches the registered information, we will consider the use of the Services to be by the user who has registered that user ID. Even if they are used by someone other than the member due to theft, unauthorized use, or other circumstances, Gugenka shall not be liable for any damages resulting from such use.

Article 4 (Purchase of Products)

1. Users may use the Services to purchase products or services (hereinafter “Products”).
2. When Users wish to purchase Products, Users shall apply for the purchase of Products in accordance with the method designated by Gugenka.
3. The sales contract for product purchases varies depending on the product purchased.
・Digital products: At the time the purchase button is pressed.
・Digital + Real: At the time the purchase button is pressed.
・Real: At the time when we send an email notifying you of the shipment of the product.
4. Unless otherwise specified on individual order screens, in the User's Guide, or on other screens of the Services, Gugenka will not accept any withdrawal of a purchase order at the convenience of the Users.
5. Gugenka makes every effort to post accurate product information. However, in the unlikely event that Gugenka receives an order based on an incorrectly listed price, Gugenka will notify you of the change and confirm your intent to place the order at the changed price before the sales contract is executed.
6. In the event of fraudulent or inappropriate behavior by the User in connection with the use of the Services, or in the event that a User who has purchased a product does not receive the product delivered by Gugenka for any reason whatsoever, Gugenka may cancel the sales contract or take other appropriate action (including cases where the user has already paid for the product). In such a case, any costs incurred by Gugenka (including, but not limited to, product delivery charges and other fees) shall be borne by the User who purchased the product.
7. Gugenka may contact you if the amount of your transaction over a certain period of time is high. If Gugenka is unable to contact the User, Gugenka may cancel the purchase order, terminate the purchase agreement, or take other appropriate action.
8. The delivery destination for real products and others through this service is limited to within Japan.
9. Gugenka shall not be liable for failure to accept an application for the purchase of Products due to Internet failure or other causes for which Gugenka is not responsible.

Article 5 (Delivery of Products)

1. Real merchandise is delivered by a delivery service provided by Gugenka or a delivery company designated by Gugenka. There is no basic delivery charge (delivery charges may apply in some cases).
2. For some products, the previously announced delivery date may be changed for various reasons, the delivery date may be delayed due to out-of-stock or other reasons, or Gugenka may not be able to fulfill your order. In such cases, Gugenka shall not be liable for any compensation.
3. In the event that a User does not receive a product shipped by Gugenka (including cases where a User refuses to receive the product or is absent from Gugenka for a long period of time) the User may be required to pay for any costs (such as re-delivery costs) incurred by Gugenka as a result of this.
4. Gugenka reserves the right to dispose of or otherwise dispose of any merchandise not received by a User after storing it for a certain period of time.

Article 6 (Payment Method)

1. The amount to be paid for the Products is the total of the merchandise purchase price, shipping charges, settlement fees, and consumption tax, etc.
2. Payment for Products purchased through the Services shall be made by credit card in the User's name (limited to those accepted by Gugenka) or by d-payment.
3. In the case of payment by credit card, the User shall comply with the terms and conditions of a separate agreement with the credit card company. In the event of a dispute between the User and the credit card company, etc., the dispute shall be resolved by both parties concerned, and Gugenka shall have no responsibility whatsoever.

Article 7 (Return of Products, etc.)

1. Cancellation, return or exchange of Products (hereinafter "Cancellation, etc.") after the conclusion of a sales contract will be accepted only in cases where attributable to Gugenka, such as defective, wrong Products or wrong quantity.
2. The User shall cancel, etc. as set forth in the preceding paragraph in accordance with the method separately determined by Gugenka.

Article 8 (Disclaimer of Liability for Services)

1. The color and shape of products may differ between the screen display and the actual product due to monitor settings and other factors.
2. Gugenka shall be exempted from liability by contacting you at the contact address you have entered and by delivering the products to the shipping address you have indicated when you purchased the products.
3. Although Gugenka will do our best to ensure that the product descriptions and descriptions on the Services are accurate, complete, and up-to-date, Gugenka does not guarantee that they are error-free.
4. Gugenka shall not be liable for any damage, loss, or disadvantage arising from the use of the Services, regardless of the legal cause of action. Gugenka shall not be liable for any damage, loss, or disadvantage arising from products sold or purchased through the Services.

Article 9 (Prohibitions)

In using the Services, Users shall not engage in any of the following acts:

(1) Violating laws and regulations
(2) Acts that violate public order and morals
(3) Criminal acts
(4) Reproduction, alteration, falsification, sending, transfer, circulation, distribution, resale, or storage for such purposes of data without Gugenka's consent
(5) Acts that damage the social credibility, reputation, or image of the Services
(6) Infringement on the intellectual property rights (including but not limited to copyrights, design rights, utility model rights, trademark rights, patent rights, and know-how) or any other rights of Gugenka or any third party
(7) Acts that destroy or interfere with the functions of Gugenka's servers or network
(8) Acts that may interfere with the operation of Gugenka's services
(9) Acts that collect or accumulate personal information about other users
(10) Impersonating another user
(11) Direct or indirect provision of benefits to antisocial forces in relation to Gugenka’s services
(12) Other acts that Gugenka deems inappropriate

Article 10 (Suspension of provision of the Services)

• Gugenka reserves the right to suspend or discontinue all or part of the Services without prior notice to Users for any of the following reasons.
  (1) When maintenance inspection or updating of the computer system for the Services is performed.
  (2) When the provision of the Services becomes difficult due to force majeure such as earthquake, lightning, fire, power outage, or natural disaster.
  (3) When computers or communication lines are stopped due to an accident.
  (4) In any other cases where Gugenka deems it difficult to provide the Service.
  
• Gugenka shall not be liable for any disadvantage or damage incurred by Users or third parties as a result of the suspension or termination of the provision of the Services, regardless of the reason.

Article 11 (Restriction of Use and Cancellation of Registration)

• Gugenka reserves the right to restrict the use of all or part of the Services or terminate a User's registration as a User without prior notice in the following cases.
  (1) When a User violates any of the provisions of these Terms of Use
  (2) When it is found that there is a false fact in the registration information
  (3) In any other case in which Gugenka deems the use of the Services to be inappropriate
  
• Gugenka shall not be liable for any damages incurred by the User as a result of actions taken by Gugenka in accordance with this Article.

Article 12 (Disclaimer)

• Gugenka shall be exempted from liability for default if such default is not due to willful misconduct or gross negligence on the part of Gugenka.
• In the event that Gugenka is liable for any reason, Gugenka shall be liable for compensation only to the extent of the damages that could ordinarily arise and, in the case of paid services, only to the extent of the amount paid (in the case of continuous services, the amount equivalent to one month's worth).
• Gugenka does not guarantee that the Services will be compatible with all the terminals of all the Users.
• Gugenka is not responsible for the completeness, accuracy, certainty, usefulness, etc. of the contents of the Services or information that users may obtain through the Services.
• Gugenka is not responsible for any transactions, communications, or disputes that arise between Users and other users or third parties in connection with the Services.

Article 13 (Change of Service Contents, etc.)

Gugenka reserves the right to change the contents of the Services or discontinue providing the Services without notice to the User, and shall not be liable for any damages incurred by the User as a result of such changes or discontinuation.

Article 14 (Modification of Terms of Use)

Gugenka reserves the right to change these Terms of Use at any time without notice to the User if it deems such change to be necessary.

• Gugenka may change the Terms of Use at its discretion in the following cases:
  (1) When the modification of the Terms of Use is in the general interest of the User.
  (2) Modification of the Terms of Use is not contrary to the purpose of the agreement, and is reasonable in light of the necessity of the modification, reasonableness of the modified contents, contents of the modification, and other circumstances pertaining to the modification.
  
• When the User uses the Services after the effective date of the revised Terms of Use, the User is deemed to have agreed to the revised Terms of Use.

Article 15 (Intellectual Property Rights)

• All intellectual property rights, including copyrights and trademarks, pertaining to the Services shall belong to Gugenka or the Licensor.
• Gugenka grants to the User a non-exclusive right to use the Services in accordance with these Terms of Use and the Terms of Use posted within the Services. Even in the event that a user performs a procedure indicated as "purchase" or "sale" on the screen of the Services, no intellectual property rights or ownership rights related to the Services are transferred to the User, and the User is granted the right to use the Content.
• Users may use copyrighted materials related to the Services to post or upload to various SNS services. However, users shall delete information posted or uploaded to SNS services only when requested to do so by Gugenka or a rights holder such as a licensor.
• In the event that any content posted by a User includes intellectual property rights of licensors other than Gugenka, the guidelines for derivative works (hereinafter the "Guidelines") separately established by the licensors shall take precedence over these Terms of Use. If there are no Guidelines, these Terms of Use shall apply.
• In the event that any problem arises in relation to intellectual property rights such as copyrights in violation of the preceding paragraph, the User shall resolve the problem at his/her own expense and responsibility and shall not cause any inconvenience or damage to Gugenka or the Licensor.

第16条（個人情報の取り扱い）

1. ユーザーが本サービスを利用するにあたり、当社はユーザーの個人情報を適切に収集、使用するものとします。この個人情報には、ユーザーの氏名、住所、メールアドレス、電話番号、購入履歴、及び支払情報などが含まれますが、これに限定されません。
2. 当社は、ユーザーの個人情報を、本サービスの提供、改善、ユーザーの興味に合わせた情報の提供及び適切な広告の表示、ならびに運営上の不正行為の防止の目的でのみ使用します。
3. 当社は、ユーザーの個人情報を第三者に提供する場合、法令に基づく場合を除き、ユーザーの同意を得るものとします。ただし、統計的なデータとして、個人を特定できない形式での情報提供はこの限りではありません。
4. ユーザーの個人情報の取り扱いについての詳細は、当社Site Privacy Policy（URL：https://gugenka.jp/sitepolicy）を参照してください。ユーザーは本サービスを利用することにより、Site Privacy Policy（URL：https://gugenka.jp/sitepolicy）の内容に同意したものとみなします。
5. 当社は、個人情報の安全管理を確保するために適切な技術的及び組織的対策を講じるものとします。

Article 17 (Notification or Communication)

Notices or communications between a User and Gugenka shall be made in a manner determined by Gugenka.

Article 18 (Prohibition of Assignment of Rights and Obligations)

The User may not assign his/her position under the Service Agreement or rights or obligations under this Agreement to a third party or offer them as security without prior written consent of Gugenka.

Article 19 (Governing Law and Jurisdiction)

• These Terms of Use shall be governed by and construed in accordance with the laws of Japan.
• Any disputes arising in connection with the Services shall be subject to the exclusive jurisdiction of the court having jurisdiction over the location of the Gugenka's head office.

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