This Agreement aims at stipulating rights, obligations and responsibilities of the Cyber Mall (hereinafter referred to as the "Mall") and the User in respect of the use of internet-related services provided by the Mall (hereinafter referred to as the "Service") in the operation of Nanda Co., Ltd. (e-commerce business).
「In addition, this Agreement shall be applied to the e-commerce using PC communication, mobile, et cetera, unless it is not against the its nature.」
Article 2 (Definition)
① "Mall" means the virtual business place on which the Company set for transacting goods and services by using information and communication facilities such as computer so that it may provide goods and services (hereinafter referred to as “Goods and Services” to the User. The term is also used as a business operating a cyber mall.
② "User" means a member or a non-member who uses Service provided by the “Mall” in accordance with this Agreement through the access to the "Mall".
③ “Member” means a person who subscribed the membership by providing his or her personal information to the "Mall", for which the member may be informed of the "Mall" on a continuous basis and use the Service offered by the “Mall”.
④ “Non-Member” means a person who use the Service offered by the “Mall” not subscribing to the membership.
Article 3 (Display, Explanation & Modification of User Agreement)
① The "Mall" shall, for easier recognition by Users, display the contents of this Agreement, name of company and president, business address (including the address where customer complaints may be treated), telephone number, fax number, email address, business registration number, mail-order business registration number, staff in charge of privacy management, et cetera on the initial service page of the cyber mall. Notwithstanding the foregoing, the contents of this Agreement may be exposed to Users through a link page.
② The "Mall” shall obtain the confirmation of a User for important matters such as cancellation of purchase, delivery obligation, refund terms, et cetera through a separate link page or pop-up window before the User agrees on this Agreement so that the User may understand such important matters.
③ The "Mall" may modify this Agreement within the extent that it does not violate applicable laws, e.g. the Law related to Protection of Consumer on E-commerce, Et Cetera, the Law related to Limitation of Agreement, Basic Law of Electronic Transaction, Electronic Signature Law, the Law related to Stimulation of Use of Information and Communication Network & Information Protection, the Law related to Call Sales, Et Cetera, the Consumer Protection Law, et cetera.
④ In the event of any modification of this Agreement, the announcement stipulating the date of application and the cause of modification shall be displayed on the initial page from 7 days prior to the date of application to the previous day of the same date. Notwithstanding the foregoing, in the event that such modification becomes disadvantageous Users, such modification shall be announced at least 30 days prior to the date of application. The announcement shall include a table specifying the modification on a before-and-after basis for easier understanding of Users.
⑤ In the event of any modification of this Agreement, the modified Agreement shall be applied only to the contracts to be concluded after the date of application, whereas the provisions of this Agreement prior to the modification shall be applied to the contracts which have been previously concluded prior to the same date. Notwithstanding the foregoing, in the event that a User who already entered into the Contract sends his or her intent to be applied by the provisions of the modified Agreement to the “Mall” within the period of announcement for the modification of this Agreement in accordance with Clause ③ and acquires the approval of the "Mall", the provisions of the modified Agreement shall be applied accordingly.
⑥ The matters not stipulated herein and the interpretation of this Agreement shall be in accordance with the Law related to Protection of Consumer on E-commerce, Et Cetera, the Law related to Limitation of Agreement, the Consumer Protection Policy on E-commerce, Et Cetera stipulated by the Fair Trade Commission, and other applicable laws and commercial practices.
Article 4 (Provision & Replacement of Service)
① The "Mall" shall perform the following duties:
1. Provision of information regarding product or service and conclusion of purchase contracts
2. Delivery of product or service on purchase contract
3. Other duties designated by the "Mall"
② The “Mall” may replace product or service provided by the contract to be concluded in the event that product or service is sold out or technical specifications are changed. In this case, the “Mall” shall immediately announce the replacement of the product or service and the date of application on the page where the present product or service is displayed.
③ In the event that product or service on the contract with a User needs to be replaced because the product or service is sold out or technical specifications are changed, The “Mall” shall immediately notify the cause to the address of the User.
④ In the event of the occurrence of the previous clause, the “Mall” shall compensate the User for damages. Notwithstanding the foregoing, this shall not apply if the “Mall” proves that such event is not caused by its intention or negligence.
Article 5 (Suspension of Service)
① The “Mall” may temporarily suspend the provision of Service in the event of any repair, inspection, replacement, breakdown of information and communication equipment such as computers, or interruption of communication.
② The “Mall” shall compensate User or 3rd party for damages caused by the temporary suspension of provision of Service due to the cause(s) in Clause ①. Notwithstanding the foregoing, this shall not apply if the “Mall” proves that such event is not caused by its intention or negligence.
③ In the event of any unavailability of provision of Service due to the conversion of business item, abandon of business, integration between businesses, et cetera, the “Mall” shall notify the fact to Users in the manner stipulated in Article 8, and compensate consumers in accordance with the conditions which are initially suggested by the “Mall”. Notwithstanding the foregoing, in the event that the “Mall” has not notified the criteria for compensation, the “Mall” shall pay Users for their mileage or reserve in kind or cash of which value corresponds to the currency being used at the “Mall”.
Article 6 (Membership)
① The User shall apply for the membership by expressing his or her intent to agree on this Agreement after filling out the form designated by the “Mall” with the member information.
② The “Mall” shall register the User who applied for the membership in the manner stipulated in Clause ① as a Member provided that the User is not engaged in one of the following items. In the event that:
1. the applicant ever lost its membership in the past in accordance with Clause 3 of Article 7 of this Agreement. Notwithstanding the foregoing, this shall not apply to those acquired the approval of the “Mall” for re-subscription of the membership since 3 years has passed from the date of loss of membership in accordance with Clause 3 of Article 7 of this Agreement;
2. there is false information or omission in the registered contents; or
3. the “Mall” deems that the applicant may cause significant inconvenience to be registered as a Member.
③ The Membership shall be effective at the time that the Member receives the approval of the “Mall”.
④ The Member shall notify any change of its information to the “Mall” in accordance with Clause 1 of Article 15 through email or other communication method.
Article 7 (Withdrawal from Membership & Loss of Eligibility)
① The Member may at any time request for the withdrawal from its membership to the “Mall”, and the “Mall” shall proceed with the withdrawal on the request of the Member.
② In the event that a Member is engaged in one of the following items, the “Mall” may limit or suspend the eligibility of the Member. In the event that the Member:
1. registered false information at the time of the application for membership;
2. has not paid the price of goods it purchased through the “Mall” or other liability borne by the Member in respect of the use of the “Mall”;
3. interrupts others to use the “Mall” or threats the order of e-commerce, e.g. illegal of personal information; or
4. takes any action being against the laws, this Agreement and good public order and customers by using the “Mall”.
③ The “Mall” may cancel the membership of the Member whose membership was suspended or limited, and repeated the same action twice or more, or the cause is not corrected within 30 days.
④ In the event of the cancellation of membership, the “Mall” shall notify it to the Member, and give the Member 30 days or more to grant an opportunity to explain the cause prior to the cancellation.
Article 8 (Notification to Members)
① In the event of any notification of the “Mall” to a Member, it may be delivered via an email address designated by the Member through the agreement with the “Mall”.
② The “Mall”, in the event of the notification to unspecified Members, may replace individual notification by displaying such notification on the board linked in the website of the “Mall” for 1 week or more. Notwithstanding the foregoing, the “Mall” shall give individual notice to a Member in respect of any matter which may have a significant influence on the Member regarding his or her transaction.
Article 9 (Request for Purchase)
The User shall apply for purchase in accordance with the following manner or other similar manner at the “Mall”, and the
This Agreement aims at stipulating rights, obligations and responsibilities of the Cyber Mall (hereinafter referred to as the "Mall") and the User in respect of the use of internet-related services provided by the Mall (hereinafter referred to as the "Service") in the operation of Nanda Co., Ltd. (e-commerce business).
「In addition, this Agreement shall be applied to the e-commerce using PC communication, mobile, et cetera, unless it is not against the its nature.」
Article 2 (Definition)
① "Mall" means the virtual business place on which the Company set for transacting goods and services by using information and communication facilities such as computer so that it may provide goods and services (hereinafter referred to as “Goods and Services” to the User. The term is also used as a business operating a cyber mall.
② "User" means a member or a non-member who uses Service provided by the “Mall” in accordance with this Agreement through the access to the "Mall".
③ “Member” means a person who subscribed the membership by providing his or her personal information to the "Mall", for which the member may be informed of the "Mall" on a continuous basis and use the Service offered by the “Mall”.
④ “Non-Member” means a person who use the Service offered by the “Mall” not subscribing to the membership.
Article 3 (Display, Explanation & Modification of User Agreement)
① The "Mall" shall, for easier recognition by Users, display the contents of this Agreement, name of company and president, business address (including the address where customer complaints may be treated), telephone number, fax number, email address, business registration number, mail-order business registration number, staff in charge of privacy management, et cetera on the initial service page of the cyber mall. Notwithstanding the foregoing, the contents of this Agreement may be exposed to Users through a link page.
② The "Mall” shall obtain the confirmation of a User for important matters such as cancellation of purchase, delivery obligation, refund terms, et cetera through a separate link page or pop-up window before the User agrees on this Agreement so that the User may understand such important matters.
③ The "Mall" may modify this Agreement within the extent that it does not violate applicable laws, e.g. the Law related to Protection of Consumer on E-commerce, Et Cetera, the Law related to Limitation of Agreement, Basic Law of Electronic Transaction, Electronic Signature Law, the Law related to Stimulation of Use of Information and Communication Network & Information Protection, the Law related to Call Sales, Et Cetera, the Consumer Protection Law, et cetera.
④ In the event of any modification of this Agreement, the announcement stipulating the date of application and the cause of modification shall be displayed on the initial page from 7 days prior to the date of application to the previous day of the same date. Notwithstanding the foregoing, in the event that such modification becomes disadvantageous Users, such modification shall be announced at least 30 days prior to the date of application. The announcement shall include a table specifying the modification on a before-and-after basis for easier understanding of Users.
⑤ In the event of any modification of this Agreement, the modified Agreement shall be applied only to the contracts to be concluded after the date of application, whereas the provisions of this Agreement prior to the modification shall be applied to the contracts which have been previously concluded prior to the same date. Notwithstanding the foregoing, in the event that a User who already entered into the Contract sends his or her intent to be applied by the provisions of the modified Agreement to the “Mall” within the period of announcement for the modification of this Agreement in accordance with Clause ③ and acquires the approval of the "Mall", the provisions of the modified Agreement shall be applied accordingly.
⑥ The matters not stipulated herein and the interpretation of this Agreement shall be in accordance with the Law related to Protection of Consumer on E-commerce, Et Cetera, the Law related to Limitation of Agreement, the Consumer Protection Policy on E-commerce, Et Cetera stipulated by the Fair Trade Commission, and other applicable laws and commercial practices.
Article 4 (Provision & Replacement of Service)
① The "Mall" shall perform the following duties:
1. Provision of information regarding product or service and conclusion of purchase contracts
2. Delivery of product or service on purchase contract
3. Other duties designated by the "Mall"
② The “Mall” may replace product or service provided by the contract to be concluded in the event that product or service is sold out or technical specifications are changed. In this case, the “Mall” shall immediately announce the replacement of the product or service and the date of application on the page where the present product or service is displayed.
③ In the event that product or service on the contract with a User needs to be replaced because the product or service is sold out or technical specifications are changed, The “Mall” shall immediately notify the cause to the address of the User.
④ In the event of the occurrence of the previous clause, the “Mall” shall compensate the User for damages. Notwithstanding the foregoing, this shall not apply if the “Mall” proves that such event is not caused by its intention or negligence.
Article 5 (Suspension of Service)
① The “Mall” may temporarily suspend the provision of Service in the event of any repair, inspection, replacement, breakdown of information and communication equipment such as computers, or interruption of communication.
② The “Mall” shall compensate User or 3rd party for damages caused by the temporary suspension of provision of Service due to the cause(s) in Clause ①. Notwithstanding the foregoing, this shall not apply if the “Mall” proves that such event is not caused by its intention or negligence.
③ In the event of any unavailability of provision of Service due to the conversion of business item, abandon of business, integration between businesses, et cetera, the “Mall” shall notify the fact to Users in the manner stipulated in Article 8, and compensate consumers in accordance with the conditions which are initially suggested by the “Mall”. Notwithstanding the foregoing, in the event that the “Mall” has not notified the criteria for compensation, the “Mall” shall pay Users for their mileage or reserve in kind or cash of which value corresponds to the currency being used at the “Mall”.
Article 6 (Membership)
① The User shall apply for the membership by expressing his or her intent to agree on this Agreement after filling out the form designated by the “Mall” with the member information.
② The “Mall” shall register the User who applied for the membership in the manner stipulated in Clause ① as a Member provided that the User is not engaged in one of the following items. In the event that:
1. the applicant ever lost its membership in the past in accordance with Clause 3 of Article 7 of this Agreement. Notwithstanding the foregoing, this shall not apply to those acquired the approval of the “Mall” for re-subscription of the membership since 3 years has passed from the date of loss of membership in accordance with Clause 3 of Article 7 of this Agreement;
2. there is false information or omission in the registered contents; or
3. the “Mall” deems that the applicant may cause significant inconvenience to be registered as a Member.
③ The Membership shall be effective at the time that the Member receives the approval of the “Mall”.
④ The Member shall notify any change of its information to the “Mall” in accordance with Clause 1 of Article 15 through email or other communication method.
Article 7 (Withdrawal from Membership & Loss of Eligibility)
① The Member may at any time request for the withdrawal from its membership to the “Mall”, and the “Mall” shall proceed with the withdrawal on the request of the Member.
② In the event that a Member is engaged in one of the following items, the “Mall” may limit or suspend the eligibility of the Member. In the event that the Member:
1. registered false information at the time of the application for membership;
2. has not paid the price of goods it purchased through the “Mall” or other liability borne by the Member in respect of the use of the “Mall”;
3. interrupts others to use the “Mall” or threats the order of e-commerce, e.g. illegal of personal information; or
4. takes any action being against the laws, this Agreement and good public order and customers by using the “Mall”.
③ The “Mall” may cancel the membership of the Member whose membership was suspended or limited, and repeated the same action twice or more, or the cause is not corrected within 30 days.
④ In the event of the cancellation of membership, the “Mall” shall notify it to the Member, and give the Member 30 days or more to grant an opportunity to explain the cause prior to the cancellation.
Article 8 (Notification to Members)
① In the event of any notification of the “Mall” to a Member, it may be delivered via an email address designated by the Member through the agreement with the “Mall”.
② The “Mall”, in the event of the notification to unspecified Members, may replace individual notification by displaying such notification on the board linked in the website of the “Mall” for 1 week or more. Notwithstanding the foregoing, the “Mall” shall give individual notice to a Member in respect of any matter which may have a significant influence on the Member regarding his or her transaction.
Article 9 (Request for Purchase)
The User shall apply for purchase in accordance with the following manner or other similar manner at the “Mall”, and the
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