Obi Terms of Service

These Terms of Service (hereinafter referred to as "these Terms") define the conditions for using the website "Obi" and all related services (hereinafter collectively referred to as "the Service") operated and provided by Sankyo Seiko Co., Ltd. (hereinafter referred to as "the Company"). Users of the Service (hereinafter referred to as "Users") are deemed to have accepted all contents of these Terms, so please be sure to read them before use.

Article 1 (Application and Amendment of Terms)

1. These Terms apply to all rights and obligations between the Company and Users regarding the use of the Service. Guidelines, usage instructions, precautions, and other rules separately established by the Company on the website shall also constitute part of these Terms. In the event of any conflict between the provisions of these Terms and individual rules, these Terms shall prevail.
2. Based on Article 548-4 of the Civil Code, the Company may amend these Terms without the individual consent of Users when there are changes in laws and regulations, additions or changes to the content of the Service, or when the Company deems it necessary. In such cases, the Company shall notify Users of the amended content and the effective date by posting on the website or by other appropriate means.
3. The amended Terms shall become effective from the effective date specified in the preceding paragraph, and Users who use the Service after said date, or who do not complete withdrawal procedures within the period specified by the Company, shall be deemed to have agreed to the amended content.

Article 2 (Eligibility)

Users represent and warrant that they meet all of the following requirements when using the Service:

• ⑴ Be an individual or corporation residing in Japan.
• ⑵ Possess the capacity to perform legal acts independently and effectively (in the case of minors or other persons with limited capacity to act, have obtained comprehensive consent from their legal representative).
• ⑶ Be able to prepare the necessary communication devices, software, and internet connection environment for using the Service at their own responsibility and expense.
• ⑷ Not belong to crime syndicates, syndicate members, right-wing organizations, or other anti-social forces (hereinafter referred to as "Anti-Social Forces"), and not cooperate with or be involved in the maintenance, operation, or management of Anti-Social Forces through providing funds or other means.
• ⑸ Have no history of violating these Terms or other contracts with the Company.
• ⑹ The information entered at the time of order (name, address, contact information, etc.) must not be false. The Company shall not be held responsible for any disadvantage or damage incurred by the User due to incorrect input information.

Article 3 (Establishment and Restrictions of Sale and Purchase Agreements)

1. For the purchase of products (hereinafter referred to as "Target Products") through the Service, a sale and purchase agreement shall be established at the time the User completes the Company's prescribed order procedure and the Company sends a notification (such as an order confirmation email) accepting said order.
2. Even after the establishment of a sale and purchase agreement, the Company reserves the right to cancel the order content or change the scheduled delivery date due to the production status of the Target Products, natural disasters, logistics disruptions, or other unavoidable circumstances.
3. To maintain fair transactions, the Company may, at its discretion, impose restrictions on the purchase quantity for each User (such as setting a maximum number of items that can be purchased).

Article 4 (Payment and Transfer of Rights, etc.)

1. The price of the Target Products and any associated shipping fees and charges shall be paid using the payment method presented by the Company at the time of purchase.
2. The ownership and risk of loss or damage of the Target Products shall transfer from the Company to the User at the time the product is delivered by the Company or its entrusted delivery company to the User or the address designated by the User.

Article 5 (Special Provisions for Product Returns and Exchanges)

1. Returns, exchanges, or refunds of Target Products due to User's convenience will not be accepted after the sale and purchase agreement has been established.
2. Notwithstanding the provisions of the preceding paragraph, returns, exchanges, or refunds will be accepted only if the delivered Target Product has clear defects such as stains or damage, or if a product different from the order content arrived. However, all of the following conditions must be met:

• ⑴ The Target Product must be unopened and unused.
• ⑵ All items such as the delivery note, packaging materials, and accessories must be in their original condition as at the time of delivery.
• ⑶ Notification of defects, etc., must be made to the Company's user support within 7 days after the product arrives.

Article 6 (Prohibition of Unfair Resale)

1. To prevent deterioration of quality and safety in cases where Users do not properly store or use Target Products, the Company strictly prohibits the resale of Target Products to third parties (including listing on auctions or flea market apps) without the express permission of the Company.
2. If the Company determines that there is a suspicion of resale based on the frequency of orders, extreme quantities, etc., it will take measures such as refusing orders or canceling contracts without prior notice. Furthermore, the Company will not provide any warranty or support for claims, quality deterioration, or any other troubles arising from resold Target Products.

Article 7 (Prohibited Acts)

Users shall not engage in any of the following acts, or acts that may lead to them, when using the Service:

• ⑴ Acts that violate these Terms, various rules, or laws and ordinances.
• ⑵ Acts that infringe intellectual property rights such as copyrights and trademark rights, privacy rights, portrait rights, or other rights or interests of the Company, its licensors, or other third parties.
• ⑶ Acts that cause economic or mental damage or disadvantage to the Company or a third party.
• ⑷ Acts that unfairly damage the honor or credibility of others.
• ⑸ Acts that are contrary to public order and morals, or providing information similar to such acts to a third party.
• ⑹ Acts of committing, inciting, or promoting criminal acts.
• ⑺ Acts of cooperation such as providing benefits to Anti-Social Forces.
• ⑻ Acts of intentionally providing false information.
• ⑼ Acts that place an excessive burden on the Service's infrastructure or obstruct its normal operation, such as sending harmful programs like computer viruses, unauthorized access to the Company's systems, tampering with source code, spoofing location information, or using cheat tools.
• ⑽ Acts that undermine the brand image or credibility of the Company and the Service.
• ⑾ Acts of using the Service by unlawfully using a third party's account or impersonating someone.
• ⑿ Acts that directly or indirectly induce or facilitate any of the acts listed in the preceding items.
• ⒀ Any other acts that the Company reasonably deems inappropriate in light of social conventions.

Article 8 (Handling of Intellectual Property Rights and User-Provided Information)

1. All intellectual property rights, including copyrights, related to all content on this website, such as text, images, designs, music, videos, logos, and programs, belong to the Company or a third party with legitimate authority. Unauthorized reproduction, modification, reprinting, distribution, etc., beyond the scope of personal use are prohibited. If a dispute arises due to a violation of this, the User shall resolve it at their own responsibility and expense.
2. The Company is not obligated to monitor or store ideas, suggestions, comments, etc. (hereinafter referred to as "Suggestion Information," excluding personal information) provided by Users to the Company via email or other means.
3. At the time a User provides Suggestion Information, they are deemed to have gratuitously assigned all rights related to such information (including the rights stipulated in Articles 27 and 28 of the Copyright Act) to the Company. The Company may freely use and modify this information for any purpose, and the User agrees not to exercise any moral rights of the author.

Article 9 (Termination of Contract and Suspension of Use)

1. If a User falls under any of the following, the Company may immediately suspend the use of the Service or terminate all or part of the sale and purchase agreement without any notice:

• ⑴ Violation of any provision of these Terms.
• ⑵ Discovery of false or incomplete facts in the information entered at the time of product order.
• ⑶ Products shipped to the registered delivery address are returned due to long-term absence or failure to receive them.
• ⑷ Non-fulfillment of payment, delay or refusal of payment.
• ⑸ Suspension or refusal of use of the specified payment method by a credit card company, financial institution, or other entity.
• ⑹ Confirmation of acts deemed malicious, such as intentional damage to products or unreasonable demands.
• ⑺ Discovery that a minor was using the service without the consent of their legal representative.
• ⑻ Discovery that a person with limited capacity to act was using the service without the necessary consent of a guardian or similar party.
• ⑼ Confirmation of the death of the User.
• ⑽ Unnaturally long period of unresponsiveness to contact or requests from the Company.
• ⑾ Other cases where the relationship of trust with the Company is deemed to have been broken.

2. If a User loses the benefit of time due to the measures in the preceding paragraph, the User shall immediately pay all outstanding debts to the Company in cash. Furthermore, the Company shall be exempt from liability for any damages incurred by the User due to the measures in this Article.

Article 10 (Suspension, Change, and Termination of Service)

1. The Company may interrupt or suspend the provision of all or part of the Service without prior notice in the event of any of the following:

• ⑴ When emergency maintenance and inspection work on servers, systems, etc., is performed.
• ⑵ When system operation becomes difficult due to excessive access concentration, unauthorized access, abnormal communication lines, etc.
• ⑶ When the provision of the service becomes impossible due to force majeure such as earthquakes, epidemics, fires, lightning, wind and flood damage, or power outages.
• ⑷ Other cases where the Company deems suspension necessary due to operational or technical reasons.

2. The Company may, at its discretion based on business judgment, change the content of the Service or discontinue the provision of the entire service.

Article 11 (No Warranty, Disclaimer, and Cap on Damages)

1. While the Company strives for quality control of Target Products and the provision of appropriate information, it does not guarantee that Target Products will be suitable for the skin type, constitution, or purpose of all Users, that skin problems such as allergies will not occur, or that they will have specific efficacy.
2. Users shall confirm the ingredient list and precautions for use described on the product page and packaging beforehand and use the product at their own responsibility. In the unlikely event that abnormalities such as skin irritation, redness, swelling, or itching occur during use, immediately discontinue use and consult a dermatologist or other specialist. Except in cases of intentional misconduct or negligence on the part of the Company, cases attributable to clear defects in the product (such as foreign matter contamination), or other cases where the Company is legally responsible, the Company shall not be liable for any damages such as skin problems due to incompatibility with the user's constitution.
3. The Company makes no express or implied warranties that the Service and Target Products will be suitable for a User's specific purpose, will have the expected quality or value, that there will be no errors or bugs on the website, or that the Service will be provided permanently under the same conditions.

4. The Company shall not be liable for any damages or losses incurred by Users due to any of the following, except in cases of intentional misconduct or gross negligence on the part of the Company:

• ⑴ Damages arising from the availability or unavailability of the Service.
• ⑵ Damages arising from errors or omissions in changes to information provided by the User.
• ⑶ Failure or delay in notification due to communication line or terminal failures.
• ⑷ Delays or misdeliveries due to circumstances of the delivery company.
• ⑸ Damages resulting from the use of external sites linked within the Service.
• ⑹ Damages resulting from cyberattacks such as computer viruses or unauthorized access.
• ⑺ Any troubles that arise between Users or between a User and a third party.
• ⑻ Damages arising from suspension of use, termination of contract, etc., based on these Terms.
• ⑼ Damages accompanying the interruption, specification changes, or discontinuation of the Service.

5. The Company is not obligated to constantly monitor or record User's actions or provided information on the website.

6. Notwithstanding the provisions of the preceding paragraphs, even if it is determined that the Company bears liability for damages to the User due to the application of the Consumer Contract Act or other reasons, the amount of compensation for the Company's liability for non-performance of obligations or tort liability due to slight negligence shall be capped at the equivalent of the purchase price of the Target Product that directly caused such damage (excluding cases of intentional misconduct or gross negligence on the part of the Company).

Article 12 (User's Liability for Damages)

If a User causes direct or indirect damage (including reasonable attorney's fees and other professional fees) to the Company through an act that violates these Terms or in connection with the use of the Service, the User shall be liable to compensate the Company for all such damages. Furthermore, if the Company receives a claim or lawsuit from a third party due to the User's actions, the User shall resolve it at their own responsibility and expense and shall not cause any burden to the Company.

Article 13 (Prohibition and Acceptance of Assignment of Claims, etc.)

1. The Company may assign claims such as unpaid amounts against Users to a third party without prior notice to the User, and the User shall agree to this in advance without objection. In this case, the User agrees that necessary information such as the User's name, address, telephone number, and transaction history will be provided to the assignee for the purpose of managing and collecting such claims.
2. Users may not assign, transfer, encumber, or otherwise dispose of all or part of their contractual status under these Terms, or any rights or obligations based thereon, to a third party without the Company's prior written consent.

Article 14 (Handling of Personal Information)

Personal information of Users acquired by the Company in connection with the use of the Service shall be managed and operated legally and appropriately in accordance with the "Privacy Policy" separately stipulated by the Company.

Article 15 (Notices and Communications)

1. Notices from the Company to Users shall be deemed to have reached the User upon transmission to the registered email address. The Company shall not be responsible for any disadvantages arising from the User's reception refusal settings or forgotten changes to their email address.
2. Communications and inquiries from Users regarding the Service shall be accepted by designated methods such as email through the "Obi Contact Form" separately indicated by the Company on the website.

Article 16 (Severability)

Even if any provision of these Terms, or a part thereof, is determined to be invalid or unenforceable by the Consumer Contract Act or other laws and regulations, the remaining parts of these Terms shall continue to be fully effective, and the invalidated provision shall be interpreted to secure the lawful economic effect closest to the intent of that provision.

Article 17 (Governing Law, Agreed Jurisdiction, and Good Faith Consultation)

1. If any matter not stipulated in these Terms arises, or if any doubt arises regarding the interpretation of any provision of these Terms, the Company and the User shall endeavor to resolve it through consultation in accordance with the principle of good faith and trust.
2. The governing law for these Terms shall be Japanese law. If a lawsuit becomes necessary in connection with the Service or these Terms, the District Court having jurisdiction over the location of the Company's head office shall be the exclusive court of first instance.