Terms of Service

This Terms of Service is made by Noah Inc. (hereinafter, "Noah") as follows with regard to the use of the shopping website "hinokuni-product" (hereinafter, "this Website") operated by Noah:

Article 1  Scope of this Terms of Service
This Terms of Service stipulates the service (hereinafter, "the Service") provided by this Website.

This Terms of Service shall apply to any relationship between the users and Noah with regard to the use of the Service.

Article 2  Membership
1. A "Member" means an individual who has agreed on this Terms of Service and has been approved by Noah after completing the stipulated registration procedure.
2. A member can be registered only for one time.

3. The registration of members shall be completed when the applicant applied for user registration in accordance with the method specified by Noah and by being approved by Noah.

Noah may decline the application and shall not be obliged to announce that reason if deemed that the applicant for user registration falls into any of the following:

(i) when the applicant reported false information upon application for user registration;

(ii) when the applicant has once violated this Terms of Service; or

(iii) when Noah deems that approving the user registration is not appropriate.

Article 3  Password Management
1. The member shall be liable for the management and the use of the password registered on this Website.

2. No transfer, sale, or loan of the password is accepted.
3. Noah shall not be liable for any damage resulting from the negligence in the use of passwords by members or the use by third parties thereof. Representations made to Noah using the passwords will be regarded as valid representations of members corresponding to that password.

Article 4  Registered member information

1. Member information shall be owned by Noah and any information that is able to identify an individual (name, address, phone number, and email address) shall, in principle, not be provided outside Noah, except when depositing with a contractor within the scope necessary for the provision of the Service, and except information with the member's consent of disclosure.
2. Regardless of the provisions of the preceding paragraph, Noah may disclose a part of the member information (name and address) without the member's consent in the following cases when:

(i) Noah deems it will otherwise damage the profit of Noah, other members, or third parties, or when disclosing to the police or related organizations;

(ii) the disclosure is requested by the police, court, public prosecutor's office, bar association, consumer information center, or any other organization having the same authority, and Noah decides to respond to such request; or

(iii) Noah deems the disclosure is appropriate.

3. Noah shall accept no false declarations by members with regard to any particulars of the information provided upon registration.

4. In the event that the member information is changed, the member shall promptly perform the prescribed procedure.

Article 5  Prohibition of use outside the scope of private use

The members shall not reproduce, sell, publicize, or use outside the scope of private use any information obtained from Noah, except when approved by Noah (including obtaining approval of a third party through Noah if the third party has the rights with regard to such information).

Article 6  Prohibitions for members

1. Noah prohibits any actions performed by members that fall under or may cause the following:

(i) acts contrary to public order and good morals;

(ii) acts linked to criminal acts;

(iii) acts that violate laws and regulations;
(iv) acts that infringe on copyrights and other intellectual property rights of Noah, other members, or third parties;

(v) acts that infringe on the property, privacy, etc. of Noah, other members, or third parties;

(vi) acts that damage the profit of Noah, other members, or third parties;

(vii) acts that slander Noah, other members, or third parties;

(viii) acts that interfere with the operation of this Website or cause damage to Noah's credit;

(ix) any business activity using the identity of the members without obtaining Noah's approval;

(x) election campaigns or similar acts, or acts that violate the Public Officers Election Act or other laws and regulations;
(xi) acts that give false answers to all questionnaires conducted by Noah, including registration procedure;

(xii) acts that send or write harmful computer programs etc.;

(xiii) unauthorized use of ID and password; or

(xiv) any other acts that Noah deems inappropriate as the member's conduct.

Article 7  Cancellation of membership

1. Noah may cancel the membership without prior notice to and consent of the member in the following cases when:

(i) the member violates prohibitions specified in Article 6 or other provisions of this Terms of Service;

(ii) Noah recognizes that the information declared by the member upon registration or the subsequent questionnaire is an intentional false declaration;

(iii) there is unauthorized use of a password by the member or the member let someone perform such use;

(iv) there is an unauthorized act that Noah does not permit;  or

(v) there is any other act that Noah deems inappropriate.

2. Any right that the member has over us shall be extinguished upon cancellation of membership.

Article 8  Unsubscribe

The member shall notify Noah in accordance with the prescribed procedure to unsubscribe membership. The member will be removed when the procedure is completed at Noah.

Article 9  Change of the Terms of Service

Noah may change this Terms of Service at any time without prior notice to or consent of the members. The contents of the change are deemed to have been approved by all members when displayed on this Website for one (1) month, provided that this shall not apply if an unexpected situation (e.g. the profit of a third party may be damaged) seems to occur, and it is deemed that this Terms of Service has been changed without waiting for the above period.

Article 10 Interruption and suspension of the Service

1. Noah may suspend or stop all or any part of the Service without prior notice to or consent of the member in the following cases when:

(i) periodic maintenance or renewal of this Website, or emergencies; or

(ii) it is difficult to continue operating this Website due to force majeure events such as fire, power outage, natural disaster, or other unexpected situations.

2. Noah shall be exempted from the liability for any loss or damage caused to the members due to the above situations.

Article 11 Change and cancellation of the Service contents

1. Noah may change the contents of the Service or stop the provision thereof without prior notice to the user, and will not be liable for any damage caused to the user.

2. Even when the contents of the Service are changed or canceled based on the provisions of the previous paragraph, Noah shall be exempted from the liability for any loss or damage caused to the members.

Article 12 Suspension of the Service

Noah may suspend the Service on this Website with a certain notice period.

Article 13 Handling of personal information

The personal information collected by Noah is handled as follows. When you provide Noah with your personal information, please agree to the following provisions with regard to the handling of such information:

1. The personal information is used for:

(i) member management;

(ii) sales of products and services;

(iii) packing and shipping of products;

(iv) provision of warranty and after-sales service (including response to customer inquiries etc.);

(v) information analysis (e.g. analysis of customer segment); and

(vi) announce of new products and services, and questionnaire to customers.

2. Noah does not disclose or leak the above personal information to any third party, provided that this shall not apply to the following cases when:

(i) it is necessary for Noah and its contractor to perform the obligations based on the contract with the customer, such as disclosure of customer's name and address to the deliverer, input of name and other information for the original products, etc.;

(ii) the disclosure of customer information is requested by a court or other judicial or administrative body based on laws and regulations;
(iii) it is necessary to protect the rights and property of Noah, its affiliated companies, customers, or third parties; or

(iv) avoiding inconvenience or damage to Noah or its affiliate companies due to disputes between customers or between a customer and a third party.
(v) The customers may determine whether or not they provide Noah with information such as name and address. However, please note that Noah will not be able to provide you with the Service if you do not provide information such as your name and address.

(vi) The customers may ask Noah to disclose their personal information such as name, address, phone number, etc. after providing such personal information. If such personal information turns to be incorrect as a result of the disclosure, the customers may request Noah to correct or delete such personal information. Please contact the person in charge of personal information or the support desk in the following item if you request disclosure, correction, or deletion of such personal information.
(vii) Manager of personal information and contact address

Support desk

Address: 4-8-1, Minamiedo, Matsuyama City, Ehime

Company name: Noah Inc.

Masanobu Yanagimoto

Email: [email protected]

Article 14 Disclaimer

1. Noah shall not be liable for any damage incurred by the members or third parties due to delays in or suspensions of the provision of the Service on this Website with regardless of the reason.

2. Noah does not be liable for the accuracy of the information collected through the use of the Service on this Website, suitability for specific purposes, etc.

3. Noah shall not be liable for any damage resulting from the information collected through the use of the Service on this Website.

4. In the event of a dispute between members or between a member and a third party with regard to the information and the Service provided through this Website, the members shall resolve such dispute at their own expense and responsibility and shall not cause any damage to Noah.
5. Noah shall not be liable for the execution of the obligations with regard to the transactions such as the sale of goods between a member and a third party performed through this Website, and for disputes arising with regard to other transactions.

6. Noah shall not be liable for any problems arising from the disclosure of the registered member information based on Article 4, Paragraphs 2 and 3.

Article 15 Provision of the Service

1. Method of application

The customers apply for the use of the Service via this Website.

2. Application time

Noah accepts orders of the products twenty-four (24) hours a day, except during irregular server maintenance, in which Noah does not assume any responsibility.

3. Listed price

The displayed price is including tax.
4. Shipping fee and cash-on-delivery charge

As the shipping fee varies depending on the product and the region to which the product is sent, the members shall check each product details page. The members who use the Service will bear the cash-on-delivery charge.

5. Payment method

The users shall pay the service charge that is separately determined by Noah and displayed on this Website as payment for the use of the Service. Cash-on-delivery means a payment method that the user pays upon the delivery of the product.

In the event that the user is late in paying the service charge, the user shall pay the late charge at a rate of fourteen point six (14.6) % per year.
6. Conclusion of contract

The sales contract between the customer and Noah with regard to the ordered product shall be concluded when an "Order Confirmation Email" is sent from Noah to the customer.

7. Purchase receipt

Noah deems the "Order Confirmation Email" sent electronically to the members as a "Purchase receipt". Please keep it without discarding.

8. Delivery address

The delivery address is limited within Japan.
9. Delivery date

The products are usually shipped within one (1) to two (2) weeks after receiving your order, however, it may delay due to a lack of stocks.

10. Cancellation, return, and exchange

(i) Cancellation is accepted within twenty-four (24) hours from the time of order. Please contact the support desk on this Website if you want to cancel the contract.

(ii) Cancellation after delivery of products will be accepted only when the shipped product is defective or different from the ordered product. (you are supposed to contact Noah within seven (7) days from the arrival of the product.) Cancellation or return of products due to customer convenience is not accepted. Please take care not to select incorrect products.
(iii) Regardless of the provisions of the preceding paragraph, the following products are not acceptable for cancellation, return, or exchange:

・Opened or used products;

・Products that have passed more than eight (8) days after delivery;

・Products that are scratched or soiled at the customer's place;

・Food and drink (including health food), flowers and other perishable items;

・Products without packaging (bags or cases);

・Products processed specially for customers such as order-made products and products with names; and

・Other products that are expressly indicated on the item page that it cannot be returned. (Please contact the support desk for details.)

(iv) In the event that there is an obvious defect in the product or that the product is different from the ordered product, Noah will bear the shipping fee for the return. In the event of a return or an exchange due to the customer's convenience (e.g. the customer does not be satisfied with the product), the customer will bear the shipping fee.

11. Warranty

Noah does not provide any warranty with regard to the defects in the sold products, except for the cases prescribed in the previous article.

12 Other notes

(i) Some products have limited quantities available for sale and may not be delivered due to out of stock.

(ii) Any part of the delivered products may be slightly different from the products on the Website due to specification changes at the manufacturer.
(iii) The product images on the Website are of the actual products, however, the displayed color on the monitor may look different from that of the actual product.

(iv) Please note that Noah does not be liable for any troubles caused by non-arrival or text garbling of emails, which are sent by Noah to the customers, or sent by the customers to Noah.
(v) In the event that multiple products are ordered and some are out of stock, the delivery may be done at Noah's discretion after all of the ordered products are ready for shipment.

Article 16 Jurisdiction

The Tokyo District Court shall be the exclusive court of jurisdiction when a lawsuit is necessary between Noah and the member with regard to this Website.

Article 17 Governing Law

This Terms of Service shall be executed, bound, performed, and construed in compliance with the Japanese law.

Established November 1, 2019