Terms of Service

About these Terms of Use
These Terms of Use (hereinafter referred to as the ""Terms"") set out the rights and obligations between Kurashi Labo Co., Ltd. (hereinafter referred to as the ""Company"") and users when buying and selling products on Smile Store (hereinafter referred to as the ""Site""), an online shopping site operated by our company.
When using this service (see Article 1 below), users must read the entire text of these Terms and agree to them. If users do not agree to these Terms, they will not be able to use this service.

Article 1 (Definition)
The terms used in this Agreement shall have the following meanings unless otherwise specifically provided herein:

Term 1: “Services”
Refers to the shopping services provided on our website, as well as any other ancillary services (collectively referred to as the “Services”).

Term 2: “Agreement”
Refers to the sales contract concluded between the Company and the User, established on the basis of these Terms, regarding the purchase and sale of products offered through the Services.

Article 2 (Application of Terms)
Users will use the Service in accordance with these Terms and Conditions and the methods separately specified by our company.

Article 3 (Agreement and Changes to Terms)
1. By using the Service, Users are deemed to have agreed to these Terms.
2. The Company may change these Terms at any time. If the Company changes these Terms, the Company will notify Users of the changes by posting them on the Website or by other means. If Users use the Service after being notified of the changes, or if Users do not object to the changes to these Terms within one month of being notified of the changes, the Users will be deemed to have agreed to the changes to these Terms.

Article 4 (Posting of Terms and Conditions)
We will post these Terms on this website, etc. When we post the revised Terms on this website, we will be deemed to have notified our users of the changes to the Terms in the previous article.

Article 5 (Usage qualifications)
1.Minors
If you are a minor, you must obtain the consent of your parent, legal guardian, or other authorized representative before using the Services.
2.Eligibility for Use
Use of the Services is limited to individuals or legal entities, whether domiciled or having their principal place of business inside or outside Japan, who possess a valid email address and who are legally permitted to use the Services in compliance with Japanese law as well as the laws and regulations of their country or jurisdiction of residence.

Article 6 (Password and User ID Management, etc.)
1. Users shall, at their own responsibility, properly manage and store their passwords and user IDs for the Service, and shall not allow third parties to use them, or lend, transfer, change the name of, buy or sell them.
2. Users shall be responsible for any damages arising from insufficient management of their passwords or user IDs, errors in use, or use by a third party."

Article 7 (Handling of Information)
Users may not use any information obtained through this service for purposes beyond personal use.

Article 8 (Reporting and Related Obligations)
If there is a change in any information that the user has notified us about, the user must promptly notify us of the change in the manner specified by our company.

Article 9 (How to apply for this Agreement, etc.)
1. Users can purchase products using this service.
2. If a user wishes to purchase a product, they must place an order for the product in accordance with the method specified by our company, and this order will constitute an application for a contract for the purchase of the product.

Article 10 (Acceptance of application related to this Agreement)
1. In response to an application under the preceding article, a sales contract for the products will be established between the user and our company when we hand over the products to the delivery company.
2. If a user orders multiple products at once when making an application under the preceding article, a sales contract for each product will be established when we hand over each product to the delivery company.
3. If we determine that the user has violated or is likely to violate these Terms and Conditions, if we determine that the user has fallen under or is likely to fall under any of the grounds for termination set forth in Article 12, or if we otherwise deem it inappropriate, we may refuse to accept the application under the preceding article. In such cases, we shall not be responsible for disclosing or explaining the reasons for not accepting the application."

Article 11 (Cancellation and Change of Contract Application)
Once a User has applied for this Agreement, the User may not cancel or change the application, except as otherwise provided for in these Terms and Conditions.

Article 12 (Termination of contract, etc.)
1. If any of the following events occur, our company may cancel the sales contract established under Article 10 without prior notice.
(1) If the User violates these Terms and Conditions
(2) If the User's designated credit card company notifies the User of a credit default
(3) If circumstances are discovered that indicate the User's ability to pay has been compromised
(4) If the product cannot be delivered due to an unknown address, a prolonged absence, or refusal to accept delivery
(5) If payment cannot be confirmed for deferred payment
(6) If the personal information provided by the User is found to be false
(7) If an order is received for a product whose arrival date is uncertain or a discontinued product (including cases where the product is available at the time of order acceptance but becomes unavailable before the product is delivered to the delivery company)
(8) If an order is received that exceeds a purchase quantity limit, such as for a limited-quantity product
(9) If the product's correct price is higher than the price displayed on this Site (the product's correct price will be determined at the discretion of the Company)
(10) If an order is received that may be intended for resale, resale, or profit-making purposes
(11) If a minor user orders a product without the consent of their parent or guardian.
(12) If the user, the user's director, executive officer, auditor, employee who executes business, or equivalent person, or the user's shareholder, etc. who effectively owns or controls the user, falls under any of the circumstances set forth in Article 31.
2. Notwithstanding the provisions of the preceding paragraph, if there is any fraudulent or inappropriate conduct in connection with the use of the Service, we may cancel or terminate the sales contract or take other appropriate measures (including temporarily suspending or permanently suspending the use of the Service).
3. In the cases of the preceding two paragraphs, we may claim compensation from the user for damages suffered as a result of the termination.

Article 13 (Payment Method)
1.The methods of payment for products purchased through the Services shall be limited to credit card payment, cash on delivery, or such other methods as may be separately approved by the Company. The User shall select the applicable payment method at the time of placing an order.
2.Payment of the purchase price shall include the amount of consumption tax.
3.In the case of payment by credit card, the User shall comply with the terms and conditions separately agreed upon with the relevant credit card company. Any dispute arising between the User and such credit card company or other related parties shall be resolved solely between those parties, and the Company shall bear no responsibility whatsoever.
4.Even if the User selects credit card payment pursuant to paragraph 1, if payment cannot be processed by the credit card, the User shall settle the purchase price by cash on delivery or by such other method as may be separately approved by the Company.

Article 14 (Delivery)
1．Please refer to the guidance provided on this website regarding the estimated timing of product shipment. Please note, however, that if an item is out of stock, or during periods when the Company or its suppliers are closed (such as year-end and New Year holidays, Golden Week, or the Obon holiday period), the estimated shipping time may differ from the guidance indicated on this website.
2．The estimated shipping time does not constitute a guarantee by the Company that the product will be delivered within any specific period.
3．If the User orders two or more products, the Company may not be able to deliver such products at the same time.
4．If the User places multiple orders, the Company may not be able to combine the products from such orders into a single shipment.
5．The Company will deliver products only to regions, whether inside or outside Japan, that the Company deems deliverable. However, Users must comply with Japanese law as well as the laws and regulations of their country or jurisdiction of residence, and must be legally permitted to use the Services.
6．The Company may refuse to deliver products to remote islands, certain overseas regions, or other locations due to logistical reasons or product characteristics.
7．If the User refuses to accept delivery of a product after it has been shipped (including, but not limited to, cases where the User declines to receive the product or fails to pay the purchase price when cash on delivery has been selected), the User shall remain obligated to pay the purchase price of the product. In such cases, the User shall also bear the costs of shipping (including both delivery and return), storage fees, administrative handling charges, and any other related expenses.

Article 15 (Transfer of Ownership)
Regardless of the payment method and delivery method selected by the User, ownership of all products purchased through the Service will be transferred from the Company to the User at the time the Company delivers the products to the delivery company.

Article 16 (Return of goods, etc.)
1. Users cannot return or exchange products unless the product does not conform to the contract due to damage during delivery, defects, the wrong product, etc.
2. Returns and exchanges of products that do not conform to the contract due to damage during delivery, defects, the wrong product, etc. may only be made within 10 days of the date the user receives the product. However, if the product has a best-before or consumption date and that best-before or consumption date is shorter than 10 days from the date of receipt, returns and exchanges will be limited to the best-before or consumption date.
3. If the user returns a product pursuant to the provisions of the preceding two paragraphs, we will cover the shipping costs.
4. Only if we are unable to exchange the product pursuant to the provisions of the preceding three paragraphs can the user claim compensation from us in lieu of delivery of a substitute product.
5. Notwithstanding the provisions of paragraphs 1 to 3, if the product packaging is changed due to manufacturer circumstances, or if the exterior packaging is dirty, scratched or peeling, but the product itself is not found to be damaged or soiled, the user cannot request a return or exchange from our company.
6. If the user cancels the sales contract due to reasons attributable to our company, such as the product's non-conformity with the contract, we will refund the purchase price to the user.    
    
Article 17 (Intellectual Property Rights, etc.)
1. Users do not acquire any copyright or other intellectual property rights in the Service by using the Service. The copyright for the screens that make up the Service and for the Service belongs to us or third parties that have granted us licenses, and any act of copying, distribution, transfer, loan, translation, licensing, reprinting, commercialization, reuse, etc. is prohibited by law and copyright treaties.
2. All patent rights, utility model rights, trademark rights, design rights, copyright, and other intellectual property rights in the Service belong to us or third parties that have granted us licenses, and any act of infringing these rights is prohibited by law.

Article 18 (Point System)
1. In accordance with this Agreement, we may grant users Smile Points (hereinafter referred to as ""Points"") determined by us based on the amount of usage, etc.
2. When using the Service, users may use their points in accordance with the conditions and methods determined by us.
3. If this Agreement is canceled or terminated, or if we deem it appropriate, we may cancel all or part of the points granted pursuant to the preceding paragraph without prior notice.
4. We may set an expiration date for granted points, and if points are not used within that period, they will expire after the expiration of that period.
5. We will not provide any compensation or bear any responsibility for canceled or expired points.
6. Users cannot redeem granted points for cash or transfer them to a third party.
7. Users are responsible for all taxes and other expenses incurred in connection with the acquisition and use of points.
8. We may change the points allocation, terms of use, and methods, as well as terminate or suspend the points system, without prior notice to users, and we shall not be liable for any disadvantages or damages incurred by users as a result thereof.

Article 19 (Prohibition of Transfer and Resale)
1. Users may not transfer or lend their rights as a user of this Service to a third party, or sell, change the name, create a pledge, or use them as security in any other way.
2. If our company transfers the business related to this Site to another company (including a company split, merger, etc.), users may transfer their status under the Usage Agreement, their rights and obligations under these Terms, and their registration details and other customer information to the transferee as part of such business transfer, and users hereby agree to this in advance.
3. Users may not resell products purchased under this Agreement to a third party without our prior written consent.
4. If users violate the provisions of the preceding paragraph, they must pay to our company a penalty equal to twice the regular price of the resold products.

Article 20 (Prohibited matters)
When using this service, users must not engage in the following actions.
(1) Any act that interferes with the operation of the Service or that could otherwise disrupt the Service.
(2) Any act that uses a credit card fraudulently to use the Service.
(3) Any act that causes or could cause harm to our company or a third party.
(4) Any act that infringes or could cause harm to our company or a third party's trademark rights, copyright, privacy, or other rights.
(5) Any act that is contrary to public order and morals or that could lead to such acts.
(6) Any act that is criminal or that could lead to criminal activity.
(7) Any act that makes false declarations or notifications, such as registering another person's email address.
(8) Any act that is for business or profit-making purposes, or acts that are intended to prepare for such activities.
(9) Any act that damages the reputation or credibility of our company or a third party.
(10) Any act that uses or provides harmful programs, such as computer viruses, or that could lead to such activities.
(11) Any act that steals a member's email address or password.
(12) Any act that purchases a product using the Service but fails to pay the purchase price.
(13) Any act that violates any of these Terms of Use.
(14) Any act that violates domestic or international laws and regulations.
(15) Any act that uses the Service in a manner other than that specified by our company.
(16) Any act that links data related to the Service to other databases, etc., using a method not approved by our company.
(17) Any act that unauthorizedly accesses data stored on a computer using the Service, or any act that destroys or threatens to destroy such data.
(18) Any act that falls under Article 31.
(19) Any other act that interferes with or threatens to interfere with the provision and operation of the Service or other business operations of our company.

Article 21(Liability for damages)
If a user breaches the obligations set forth in these Terms and Conditions and causes damage to our company, the user must compensate our company for the damages suffered and pay late payment charges at the rate of 14.6% per annum (calculated on a daily basis over 366 days per year) until payment is made in full.

Article 22 (Changes, suspension, or cancellation of the Service)
1. We may change, suspend, or cancel the content of the Service without the User's consent.
2. We may, at our discretion, temporarily suspend or terminate all or part of the Service without prior notice to the User if any of the following events occur:
(1) When regular or emergency maintenance, inspection, or updates of the equipment or systems used for the Service are performed.
(2) When providing the Service is difficult due to force majeure, such as fire, power outage, or natural disaster.
(3) When a telecommunications carrier is unable to provide its services.
(4) When we otherwise determine that it is necessary to temporarily suspend or terminate the Service for operational or technical reasons, or when unforeseen circumstances make it difficult to provide the Service.
3. In the event of the preceding paragraph, we will announce this on our website.
4. We shall not be liable to Users or third parties for the use, delay, change, interruption, suspension, suspension, or termination of the Service, or for the leakage or loss of information provided, or for any damages resulting therefrom.

Article 23 (Suspension of provision of the Service to Users)
1. If a User falls under any of the following items, we may suspend provision of the Shopping Service, terminate this Agreement, or take any other measures we deem necessary, without prior notice to the User: 
(1) If it is discovered that the User has previously violated these Terms and Conditions.
(2) If there is a delay in payment of fees or other obligations related to the Service or other obligations, or if there is any other default.
(3) If the User commits any of the acts described in Articles 19 through 21.
(4) If the User, the User's directors, executive officers, auditors, employees executing business, or equivalent persons, or the User's shareholders or other persons who effectively own or control the User, falls under any of the acts described in Article 31.
(5) For any other reason we deem necessary.
2. If damage is incurred by us or a third party as a result of a violation of any of the items in the preceding paragraph, the User shall compensate us for the full amount of such damages (including attorneys' fees). Furthermore, the User shall resolve any inquiries, complaints, or claims from third parties arising from a violation of these Terms and Conditions at the User's own responsibility and expense, without causing any inconvenience to the User.

Article 24 (Limitation of Liability)
1. Even if the various services provided by this Service link to other sites or third parties provide links to other sites, we assume no responsibility for sites outside of this Service. Furthermore, we are not liable for any damages arising from or in connection with the services provided by such sites.
2. If the product does not conform to the contract before we hand it over to the delivery company, we will not be liable for any warranty damages except when we knew about the non-conformity but failed to inform the user, or in cases provided for in Article 16.
3. It is assumed that users will use the product at their own risk and in accordance with the product labels, and we will not be liable for any damages arising from users' failure to follow the instructions, except in cases of willful misconduct or gross negligence on our part.
4. When purchasing a product, users acknowledge that the color of the product may differ from what is displayed on their screen due to monitor settings, etc.
5. If a user causes damage to another user or a third party through their use of this service, the user shall compensate for such damage at their own responsibility and expense, and we shall not be held liable in any way.
6. If we have an obligation to notify a user, we shall be deemed to have fulfilled that obligation by sending a notice to the address or email address registered by the user in advance.
7. With regard to product delivery, we shall be deemed to have fulfilled our obligation to deliver the product by delivering the product to the address specified by the user when purchasing the product.
8. If a user's failure to follow the necessary procedures results in the failure of an email sent by us to the user, or if delivery of a product delivered by us to the user is delayed or impossible, we shall be in no way liable for any damages or problems suffered by the user as a result. Furthermore, the user shall compensate us for any expenses and damages incurred by us as a result of their failure to follow the necessary procedures.
9. In the event that delivery of products is delayed or impossible due to natural disasters such as earthquakes or typhoons, as well as civil unrest, riots, terrorism, etc., we shall not be liable for any damages or problems suffered by users due to delays or inability to deliver products.
10. Regardless of the legal basis for the claim, under no circumstances shall we be liable for any damage, loss, disadvantage, etc. related to the use of this Service or the products bought and sold through this Service, other than as set forth in these Terms and Conditions.
11. Except in cases of willful misconduct or gross negligence on our part, we shall not be liable for any damages incurred by users as a result of their inability to use this Service.
12. We shall be exempt from liability by processing affairs in accordance with the user's registration details.

Article 25 (Bearing of expenses, etc.)
1. Users are responsible for the costs associated with installing computer and communications equipment necessary to use the Service, as well as telephone charges, LAN usage fees, and application fees incurred in using the Service.
2. Users are responsible for all consumption tax and other public taxes and dues levied in connection with the use of the Service or the costs, fees, etc. under these Terms and Conditions.

Article 26 (Late Payment Charges)
If the User fails to fulfill the payment obligations under this Agreement, such as the usage fee, penalty fee, etc., the User shall pay late payment charges at the rate of 14.6% per annum (calculated on a daily basis based on 366 days in a year) from the day following the day on which the User failed to fulfill the obligation until the payment is made.

Article 27 (Scope of responsibility)
1. Even if our company is liable for damages to a user in connection with the Service and this Agreement, the damages for which we will compensate will be limited to damages that would normally arise. However, this does not apply in cases where the damages are caused by our intentional misconduct or gross negligence.
2. Our company's liability for damages will be limited to the amount equivalent to the purchase price of the product (excluding consumption tax) paid by the user to our company.

Article 28 (Protection of Confidential Information)
1. Neither the Company nor the User shall leak, disclose, or publish any Confidential Information to a third party without the prior written consent of the other party. However, this does not apply when providing information to certified public accountants, tax accountants, lawyers, judicial scriveners, or other publicly qualified professionals. However, when disclosing information, the amount of Confidential Information disclosed must be kept to a minimum.
2. For purposes of these Terms and Conditions, ""Confidential Information"" means any technical, business, or other useful information disclosed by one Party to the other Party, and does not fall under any of the following categories:
(1) Information that is already publicly known at the time of disclosure
(2) Information that was already lawfully in the recipient's possession at the time of disclosure
(3) Information that becomes publicly known after disclosure through no fault of the recipient
(4) Information obtained from a legitimate third party without any obligation of confidentiality

Article 29 (Protection of Personal Information)
1. In providing the Service, we will handle users' personal information in accordance with these Terms and Conditions and our separately established Privacy Policy.
2. We will manage information in accordance with laws, regulations, and guidelines set by government agencies, and will not disclose or leak information to third parties without the prior consent of the disclosing party. We will not disclose or leak users' personal information to third parties ""except when we have obtained the user's prior consent or as otherwise provided for in laws, regulations, and the Privacy Policy.""

Article 30 (Exclusion of Anti-Social Forces)
1. The User represents and warrants that none of the following items apply to them, and that they will not apply to them in the future.
(1) The User or any of its officers is a member of an organized crime group, a member of an organized crime group, a person who has been a member of an organized crime group within the past five years, a quasi-member of an organized crime group, a company affiliated with an organized crime group, a corporate racketeer, a social activist, a special intelligence violent group, or any other person equivalent thereto (collectively referred to as ""Organized Crime Group Member, etc."").
(2) The User has a relationship that is deemed to give rise to control over the management of the Company.
(3) The User has a relationship that is deemed to give rise to substantial involvement in the management of the Company.
(4) The User has a relationship that is deemed to be exploiting an Organized Crime Group Member, etc., for the purpose of obtaining illicit benefits for the User or a third party, or for the purpose of causing harm to a third party.
(5) The User has a relationship that is deemed to give funds or other benefits to an Organized Crime Group Member, etc.
(6) The User's officers or anyone substantially involved in the management of the Company have a socially reprehensible relationship with an Organized Crime Group Member, etc.
2. The User warrants that he/she will not engage in any of the following acts, either personally or through a third party.
(1) Violent demands
(2) Unreasonable demands that exceed legal responsibility
(3) Threatening behavior or the use of violence in connection with transactions
(4) Spreading rumors, using fraudulent means, or using force to damage our company's reputation or interfere with our business
(5) Other acts equivalent to those listed above
3. If a user violates the preceding two paragraphs, we may immediately terminate this Agreement without notice or warning or any other procedure.
4. If we terminate this Agreement pursuant to the preceding paragraph, we shall not be liable for compensation for any damages incurred by the user.

Article 31 (Disclaimer)
If a dispute arises between a user and a third party regarding this site or this service, the Company shall not be liable for any such dispute.

Article 32 (Obligation to negotiate in good faith)
If any matter not specified in these Terms and Conditions or any doubts arise regarding the interpretation of these Terms and Conditions, our company and the user shall consult with each other and attempt to resolve the matter in good faith.

Article 33 (Governing Law and Jurisdiction)
This Agreement shall be governed by the laws of Japan, and in the event that litigation arises between the User and the Company in connection with this Agreement or other matters related to the Service, the Tokyo District Court shall be the exclusive court of first instance.

About the Terms of Use
Date of Establishment: February 3, 2020
Last Revised: November 21, 2024
Representative: Yuya Takanashi
Responsible Person: Yuya Takanashi