Article 1 (Definitions)
In the Terms, the following terms shall be used respectively with the definitions described below.
“@cosme shopping” refers to http://www.cosme.com, as well as to other informational websites that use the name @cosme shopping and offer the services stipolated in Article 5, even when operating at other URLs.
“Member” refers to a user of @cosme shopping who has completed registration as members of @cosme or @cosme shopping according to the procedures specified by the Company, and who has agreed to the applicable Terms of Service, and who is recognized by the Company as a user of the services of @cosme or @cosme shopping. Registration of membership may be denied if the Company determines that it would be inappropriate to grant membership. Furthermore, the status of Member may be revoked in the event that the Company determines the Member is not eligible for such status.
Members and other users of @cosme shopping who are not members shall be referred to collectively as “Users.”
Furthermore, Users who are under the age of 15 and wish to use @cosme shopping shall obtain the prior consent of a parent or guardian.
Article 2 (Scope and Revision)
The Terms shall apply to both the Users of @cosme shopping and to the Company, with regard to the use of @cosme shopping. Users shall agree to honor the conditions of the Terms when using the services of @cosme shopping.
Those Users who agree to the General Terms of Service and register for @cosme or @cosme shopping shall also agree to honor the conditions of the Terms.
Notices and roles issued by the Company through @cosme shopping or by email shall be considered part of the Terms.
The Company reserves the right to revise the Terms without prior notice to the Users. Such revisions to the Terms shall be considered to apply to all Members, regardless of whether they became Members before or after the revisions came into effect. Notifications regarding changes to the Terms shall be announced through @cosme shopping or by email.
Article 3 (Management of Personal Information)
The Company shall retain and manage all information that Users supply or enter, such as ID information.
In principle, with the exception of the cases specified in Paragraph 4, the Company shall not disclose to third parties any information that could be used to identify specific Users (name, address, telephone number, email address) , unless the Company has obtained the consent of the User in question. However, if the Company determines any User to have caused damage or disadvantage to another User or a third party, the Company reserves the right to inform applicable third parties, law enforcement, or other organizations of any information supplied by the User in question.
In the event that a court, legal association, or law enforcement agency requests the disclosure of information supplied by Users, the Company shall disclose such information in order to protect its rights, creditworthiness, or assets. Moreover, the Company shall collect or disclose Personal Information in the following limited conditions:
When order information provided by Users is forwarded to credit card companies.
When necessary to fulfill delivery of goods or provide other services.
When used under the supervision of the Company, in accordance with the law, after having signed non-disclosure agreements with potential partner companies or other third parties.
When disclosed for statistical analysis that does not allow individuals to be identified.
When the consent of the User has been obtained.
When other collection of disclosure has been deemed necessary by the Company.
Should a User contact the Company regarding any dissatisfaction, complaint, or lawsuit between the User and the Company, or the Users and a third party, in regard to an issue that results from the use of @cosme shopping, any and all correspondence requested by the Company (including but not limited to verbal and written correspondence or negotiation) shall be disclosed the Company.
Article 4 (Notifications)
Except in the cases specified in other sections of the Terms, notifications from the Company to Users shall either be communicated through the email address provided by the User, as described in Article 3, be displayed on @cosme shopping, or be communicated by other means determined to be appropriate by the Company.
When such notifications are sent via email, as described in the preceding paragraph, the Company shall consider such notifications to have been received by Users when sent to and received by the servers of the email service used by the Users in question.
If a notification is displayed through the @cosme shopping website, as described in Paragraph 1 of this article, the notification shall be considered to have reached the Users at such time that the Users have accessed @cosme shopping, or at such time that the Users could have been able to view the notification.
Article 5 (@cosme shopping Services)
On @cosme shopping, Users can shop for goods sold by the Company, and make purchases (hereinafter “Shopping”). The Sales and Purchase agreement between Users and the Company is considered to have been formed once Users have been notified that the Company has accepted a registration application submitted by Users. The detailed rules governing the Shopping arrangement shall be specified in the separate Customer Service page.
For further information regarding the Point Service (Points), please click here.
Article 6 (Liability and Indemnity)
Users shall be aware that although the Company makes every effort to prevent unauthorized third parties from accessing the Service through the use of viruses and other programs, reasonable precautions may not eliminate all risk to Users due to such activities.
The Company shall bear no liability in the event that access to the Service is difficult or impossible, or if the service is partially or wholly unavailable, or incomplete. Furthermore, the Company shall bear no liability for any loss in such an event, and Users who access the website shall not pursue compensation from the Group for such inconvenience or loss.
Article 7 (Applicable Law and Jurisdiction)
The governing law applicable to any and all disputes, regardless of the contents of the claim, shall be Japanese law, and shall be submitted to the exclusive jurisdiction of the Tokyo District Court.
May. 13, 2015