Terms of service

These Terms of Service (the "Terms") set out the conditions for using the online shop (the "Service") that WAIN99 Trading LLC ("we" or "the Company") provides on this website. Registered users ("users") use the Service in accordance with these Terms.

Article 1 (Application)

  1. These Terms apply to every aspect of the relationship between a user and the Company concerning use of the Service.
  2. Besides these Terms, we may set rules of use and other provisions for the Service ("individual provisions"). Whatever they are called, individual provisions form part of these Terms.
  3. Where these Terms conflict with an individual provision, the individual provision prevails unless it states otherwise.

Article 2 (Registration)

  1. Registration is complete when an applicant agrees to these Terms, applies by the method we specify, and we notify the applicant that we have accepted the application.
  2. We may decline an application where we judge any of the following to apply, and we are under no obligation to give a reason:
    1. the applicant gave false information in the application;
    2. the application comes from someone who has breached these Terms before;
    3. we otherwise judge the registration to be inappropriate.

Article 3 (User ID and password)

  1. Users are responsible for managing their own user ID and password for the Service.
  2. A user may not transfer or lend their user ID or password to a third party, or share it with one, under any circumstances. Where a login matches the registered combination of user ID and password, we treat the use as use by the registered user.
  3. We are not liable for loss arising from use of a user ID and password by a third party, except where we are intentionally or grossly negligent.

Article 4 (Contract of sale)

  1. A user applies to buy, and the contract of sale is formed when we send the user electronic notice that the order has been dispatched. Title to the goods passes to the user when we hand the goods to the carrier.
  2. We may cancel the contract of sale without prior notice where:
    1. the user breaches these Terms;
    2. delivery cannot be completed because the address is unknown or the user is absent for a long period;
    3. we otherwise consider that the relationship of trust between the Company and the user has broken down.
  3. Payment methods, delivery methods, cancellation of an order and returns follow the procedures we set separately.

Article 5 (Intellectual property)

Copyright and other intellectual property rights in the product photographs and other content provided through the Service ("content") belong to the Company or to other rightful owners such as content providers. Users may not copy, reproduce, alter or otherwise reuse content without permission.

Article 6 (Prohibited conduct)

When using the Service, users must not:

  1. act in breach of the law or of public order and morals;
  2. engage in conduct connected with a criminal act;
  3. infringe copyright, trade marks or other intellectual property rights in the Service;
  4. damage or interfere with the functioning of our servers or network;
  5. use information obtained through the Service for commercial purposes;
  6. act in a way likely to interfere with the running of our services;
  7. gain or attempt to gain unauthorised access;
  8. collect or store personal information about other users;
  9. impersonate another user;
  10. directly or indirectly provide a benefit to organised crime in connection with our services;
  11. act in any other way we consider inappropriate.

Article 7 (Suspension of the Service)

  1. We may suspend or interrupt all or part of the Service without prior notice where we judge that:
    1. the computer systems for the Service need maintenance, inspection or updating;
    2. providing the Service has become difficult because of force majeure such as earthquake, lightning, fire, power failure or natural disaster;
    3. a computer or communication line has stopped because of an accident;
    4. providing the Service is otherwise difficult.
  2. We are not liable for any disadvantage or loss suffered by a user or a third party as a result of suspension or interruption of the Service, whatever the reason.

Article 8 (Restriction of use and cancellation of registration)

  1. We may restrict all or part of a user's use of the Service, or cancel their registration, without prior notice where:
    1. the user breaches any provision of these Terms;
    2. it turns out that the registration details contain false information;
    3. the credit card the user gave as a payment method has been suspended;
    4. the user has defaulted on payment of fees or other sums;
    5. the user has not responded to contact from us for a certain period;
    6. the user has not used the Service for a certain period since last using it;
    7. we otherwise judge the user's use of the Service to be inappropriate.
  2. We are not liable for any loss a user suffers as a result of action we take under this Article.

Article 9 (Withdrawal)

Users may withdraw from the Service by the prescribed procedure.

Article 10 (Disclaimer and limitation of liability)

  1. We do not warrant that the Service is free of defects in fact or in law, including as to safety, reliability, accuracy, completeness, fitness for a particular purpose or security, or free of errors, bugs or infringement of rights.
  2. We are not liable for any loss suffered by a user through the Service. This exclusion does not apply where the contract between the Company and the user relating to the Service (including these Terms) is a consumer contract under the Consumer Contract Act. Even then, we are not liable for loss arising from special circumstances, whether or not the Company or the user foresaw or could have foreseen it, caused by our non-performance or tort through our negligence (excluding gross negligence).
  3. We are not liable for transactions, communications or disputes between a user and another user or a third party in connection with the Service.

Article 11 (Changes to the Service)

We may change the content of the Service or stop providing it without notifying users, and we are not liable for any loss a user suffers as a result.

Article 12 (Changes to these Terms)

We may change these Terms at any time without notifying users where we judge it necessary. If a user starts using the Service after a change, the user is taken to have agreed to the revised Terms.

Article 13 (Personal information)

We handle personal information obtained through use of the Service in accordance with our Privacy Policy.

Article 14 (Notices and contact)

Notices and contact between a user and the Company are made by the method the Company specifies. Unless a user notifies us of a change by the method we specify separately, we treat the contact details currently registered as valid, send notices or contact to those details, and treat them as having reached the user when sent.

Article 15 (No assignment)

A user may not assign to a third party, or offer as security, their position under the contract of use or any right or obligation under these Terms without our prior written consent.

Article 16 (Governing law and jurisdiction)

  1. These Terms are governed by and interpreted under Japanese law. The United Nations Convention on Contracts for the International Sale of Goods does not apply to the Service.
  2. Any dispute concerning the Service is subject to the exclusive jurisdiction of the court with jurisdiction over the location of the Company's head office.