Terms of service
Article 1 General Provisions
The appm.jp Service Terms and Conditions (hereinafter referred to as "these Terms") set forth the terms of use for services (hereinafter referred to as "the Services") common to the internet site "appm.jp" operated by Kiyohara Co., Ltd. (hereinafter referred to as "the Company").
Article 2 Definitions
"The Services" refer to the product sales and various information dissemination services provided by the Company to customers through this site utilizing internet and other communication means.
"Customer" refers to any customer who uses this site.
"Member" refers to a customer who has applied for membership registration after fully understanding and agreeing to these Terms, and whose application has been approved by the Company.
Article 3 Scope of the Terms
In addition to these Terms, individual terms set on each page and additional terms provided separately by the Company from time to time will constitute a part of these Terms, regardless of their names. Also, if there is any inconsistency between these Terms and individual terms or additional terms, the individual terms or additional terms shall prevail.
Article 4 Changes to These Terms
The Company may change these Terms as necessary without obtaining the customer’s consent. However, the Company will post the updated Terms on this site without delay, except when otherwise specified separately. The updated Terms will apply from the time they are posted on this site.
Article 5 Members
The Services are intended for business use by customers for business transactions between enterprises, and membership registration is required to confirm prices and purchase products.
Membership Registration:
Prospective members can apply for membership registration by following the methods described on the membership registration page and entering necessary fields such as company name, representative's name, contact person's name, postal code, address, phone number, email address, etc.
The Company will approve the application after the necessary screening and procedures. If the application does not pass the screening, it cannot be registered, and you will be notified of such via a notice from the Company.
The Company may inquire about information from credit investigation agencies as part of the necessary screening process, and applicants shall agree to such inquiries in advance.
At the time of applying for membership registration, the applicant agrees to all the terms set by the Company.
If the Company approves the application, a membership approval email will be sent. Registration will be completed when the customer activates their account and sets a password via the email.
Member Compliance:
Members must comply with laws such as the Civil Code, Commercial Code, and other applicable laws in Japan, and in case a member engages in acts in violation of these laws, or there is a risk of such violation, their membership may be revoked immediately without notice.
Membership Rejection:
The Company will not approve registration applications that fall under any of the following categories:
- Applications from entities other than corporations or sole proprietorships
- Cases where applicants have previously violated any terms of service provided by the Company (including these Terms) and have experienced membership cancellation or similar sanctions
- Applications containing false information
- Cases where applicants have previously, without just cause, delayed payment obligations, had long-term inability to receive products, rejected returns/exchanges, or otherwise breached obligations related to services provided by the Company
- If the applicant is related to a competing company or organization, or if the Company determines that the usage is for the purpose of collecting competitive information
- Other cases where the Company determines that it is inappropriate to approve the registration for the purpose of operating and managing the Services
Modification of Registration Information:
Members must promptly update their registration information in case of any changes in the registered name, address, phone number, email address, or any other registered details, following the method specified by the Company.
The Company is not responsible for any damage incurred due to the members’ failure to update the registration information.
Suspension of Service Use and Membership Cancellation:
The Company may take measures such as suspending service use, canceling membership registration, or other appropriate actions without prior notice if the member falls under any of the following categories:
- Violation of any terms established by the Company (including these Terms and any other related terms specified on this site)
- Cases where it has been found that the member was subject to cancellation or similar sanctions for violating any past service-related terms provided by the Company
- If the registration information contains false details
- If it is found that the member engaged in unauthorized acts, such as delayed payment obligations, inability to receive products for extended periods, refusal for returns/exchanges, or any other breach related to services provided by the Company
- If the member’s creditworthiness or financial status deteriorates or is at risk of deteriorating
- If it is found that the member engaged in acts specified in "Article 12 Prohibited Actions"
- Other cases where the Company determines that continuing membership registration and service use is inappropriate
Management of ID and Password:
Members are responsible for strictly managing and storing their user IDs and passwords set during membership registration.
Members shall immediately notify the Company if their user ID or password is found to be used fraudulently by third parties and comply with any instructions from the Company.
Members are solely responsible for any damages resulting from insufficient management, misuse, or unauthorized use of user IDs or passwords, and the Company is not liable for such damages.
The Company considers access using the matched combination of user ID and password with registered information as being used by the registered customer.
Withdrawal Procedure:
Members can withdraw from membership at any time by following the Company’s prescribed procedure.
Membership is terminated at the time the Company receives the withdrawal request from the member.
Article 6 Information Collection
The Company collects the following information regarding access history and usage status to investigate and enhance the services provided to customers. Cookies issued by the Company are used for effective advertising distribution purposes and are not used for obtaining personal information or any other purposes.
- Information related to the IP address or device identification number when customers access the server of the Services
- Access information obtained through cookies technology (which temporarily writes data onto the user's computer through the web browser and records the last visit date and number of visits to that site)
Customers can disable cookies at any time through their web browser settings. However, disabling cookies may limit the use of the Services.
Article 7 Management of Member Information
The Company will not disclose member information to third parties without the member’s consent, except in cases stipulated in these Terms or recognized by law. However, member information may be disclosed in the following cases:
- When requested by legal authorities based on legal powers
- When the information is already officially known
- When individual consent from the member is obtained in advance
- When disclosing general statistical information derived from member information as anonymous data
Article 8 Management of Personal Information
The management of personal information shall be conducted in accordance with the separately defined "Privacy Policy (Personal Information Protection Policy)."
Article 9 Use of Personal Information
Personal information obtained in relation to the use of the Services shall be handled in accordance with the "Privacy Policy (Personal Information Protection Policy)" defined separately by the Company.
Article 10 Use of the Services
Customers shall use the Services in accordance with laws, regulations, notifications, these Terms, and other guidelines such as the Privacy Policy, Return Policy, Delivery Policy, and Shopping Guide defined separately by the Company.
The Company may change, add, suspend, or terminate the content of the Services on this site without prior notice to customers.
Article 11 Order-Related Precautions
When an order is placed, credit card and other payment withdrawals are triggered.
Order cancellations are possible if the Company has not yet started processing the product. The possibility of cancellation depends on the product handling status, so if you wish to cancel, please reply to the order confirmation email, or contact the inquiry window. However, orders placed by 3 p.m. cannot be canceled if contacted after 3 p.m. Additionally, products that have already been shipped cannot be canceled or changed.
For order cancellations, refunds for the withdrawal processing incurred at the time of ordering will be handled by the Company, hence customers do not need to contact the payment company.
Returns or exchanges due to customer convenience are not accepted.
Even if a product is listed on the site, it may not be available for purchase due to stock shortages.
If you are under 18 years old, be sure to obtain the consent of your parents or guardians before ordering.
Repeated receipt failure and returns by a customer may result in restrictions on future orders.
Article 12 Product Purchases (Mail Order)
The sales contract between the customer and the Company regarding the mail orders on this site shall be formed between the customer and the Company. The Company assumes no responsibility for the validity, fulfillment, or other aspects of sales contracts with parties other than the Company.
Customers who wish to purchase products must place orders via the product order page on this site; phone and fax orders are not accepted.
When a customer places an order, the Company will send an email confirming the order details. The sales contract between the customer and the Company is established upon the arrival of the order confirmation email to the customer’s mail server.
If there is fraudulent activity or other inappropriate actions, the Company will not accept the sales contract. Even after the sales contract is formed, the Company can cancel the contract immediately without prior notice.
If a product is undeliverable and returned to the Company by the carrier, the Company will contact the customer once. If there is no response from the customer within a week of the contact, the Company may charge the customer for the product cost and shipping fees.
Due to the handling of many ordered items on this site, the Company may contact the customer regarding out-of-stock status after the order is placed. Even for products marked as "in stock," if multiple customers order the same product, it will be on a first-come-first-served basis, and the Company may inform the customer of out-of-stock status after the order is placed, please understand in advance.
The sales prices may be changed without prior notice due to price changes.
The shipping destination for products provided through the Services is limited to within Japan.
Other terms of mail-order sales are defined separately in the "Shopping Guide."
Article 13 Service Suspension or Termination
The Company may suspend or terminate the provision of all or part of the Services in the following cases:
- Regular or urgent maintenance of the systems related to this site
- Suspension of telecommunications services by primary telecommunications carriers
- Inability to receive appropriate services from the phone company, carrier, or provider contracted by the Company
- Natural disasters such as fires, earthquakes, floods, lightning strikes, heavy snowfalls, etc.
- Social unrest such as war, insurrection, terrorism, riots, and disturbances
- Other cases where the Company determines that service suspension is necessary
Article 14 Prohibited Actions
Customers shall not engage in the following actions when using this site, in addition to the acts prohibited under other provisions of these Terms:
- Acts that violate public order and morals, laws, ordinances, or acts that may lead to such violations
- Acts related to criminal activity or acts that may lead to criminal activity
- Acts that infringe or may infringe on the copyright, industrial property rights, other rights, privacy, or property of other customers, third parties, or the Company
- Acts that cause inconvenience, disadvantages, or damages to other customers, third parties, or the Company, or acts that may lead to such
- Unauthorized acquisition and access attempts concerning email addresses, passwords, and other personal information of others
- Acts of uploading or sending computer viruses, source code, files, programs, etc. designed to interfere with, destroy, or restrict the functionality of software, hardware, or communication devices
- Fraudulently registering multiple accounts under false pretenses by the same individual
- Excessive product returns
- Providing benefits directly or indirectly to anti-social forces
- Other acts reasonably deemed inappropriate by the Company
Article 15 Disclaimer
The Company shall be exempt from liability in the following instances concerning the operation of this site:
- The Company shall not be liable for any damages incurred by customers, or third parties related to the provision, delay, change, addition, suspension, or termination of services and information on this site. Customers shall be responsible for actions taken while viewing information or receiving services in compliance with legal obligations.
- The Company rigorously manages personal information entered and transmitted by customers through encryption and confidentiality measures but does not guarantee the prevention of information leakage, loss, or alteration by others.
- The Company is not responsible for the content and services of sites linked from this site.
- The Company shall handle the contact and delivery addresses registered by customers as the correspondences for customers; the Company is not responsible for any damages related to unregistered changes or errors unless the customer informs the Company about them.
- The Company shall not be liable for any direct or indirect damages, losses, or unfavorable outcomes experienced by members due to temporary suspension, termination, or changes of services as stipulated in Article 13, except in cases attributable to the Company.
- The Company does not guarantee safety, accuracy, certainty, usefulness, timeliness, legality, morality, freedom from viruses, and non-infringement of third-party rights regarding the content and information obtained through the Services.
- The Company shall not be liable for any direct or indirect damage, losses, or unfavorable outcomes incurred by customers using the services.
- If a conflict arises from the use of the Services resulting in any damage to other users or third parties, the members shall resolve it at their own responsibility and expense, ensuring the Company suffers no damages, losses, or unfavorable outcomes.
Article 16 Copyright
Customers may not use any information or works obtained through the use of this site for purposes not permitted under copyright law, except for personal use as defined in Article 30 of the Copyright Act (reproducing, broadcasting, or providing third-party use, etc.) without the permission of the Company or the right holder of the said information or works.
Copyrights, trademarks, other intellectual property rights, image rights, and publicity rights concerning this site belong to the Company and other original authors unless otherwise specified. Customers shall not dispute the existence of these rights.
If a dispute arises between the customer and the right holder, the customer shall resolve it at their own responsibility. The Company shall not assume any responsibility even if the customer is liable for damages or subjected to criminal penalties.
Article 17 Compensation for Damages
If the customer causes any damage to the Company or third parties due to their actions in violation of these Terms or any other faults in connection with the use of this site, they shall compensate for the damages at their own responsibility. If the customer’s actions cause the Company or third parties to incur damages, the customer shall assume all legal responsibilities and ensure that the Company does not suffer any damages.
Article 18 Problem Resolution
If a problem arises between the customer and the Company regarding the use of this site, it shall be resolved through discussions between both parties.
Article 19 Jurisdictional Court
If a problem arises in connection with the use of this site and litigation is required, the Osaka District Court or the Tokyo District Court shall have exclusive authority.
Article 20 Governing Law
This agreement is governed by, construed, and enforced following Japanese law.
Supplementary Provision:
These Terms shall be applicable from June 1, 2024.
Apparel Parts Market (appm.jp) Administrator
Kiyohara Co., Ltd., Ryo Goto