Terms of Service
Terms of Service of The Sixth Night Online Site
This online store (the “Site”) is operated by The Sixth Night Inc. Throughout the Site and the following terms of service (the “Terms”), the words “we”, “us” and “our” refer to The Sixth Night Inc. You are bound by the Terms. This Terms is made in Japanese and translated into English for reference purpose. If there is any conflict or inconsistency between these two versions, the Japanese version shall prevail. The singular includes the plural and vice versa.
Article 1 – SCOPE OF APPLICATION
Article 2 - DEFINITION OF USER
The “user” or “you” in this Terms means not only a customer but also a browser, a searcher and a user of all contents on the Site including but not limited to images, pictures, illustrations, text, logo, movies, ideas, products or website designs, program and information. Hereinafter, these contents are referred to as the “Contents.”
Article 3 - INTELLECTUAL PROPERTY RIGHTS
The copyrights or other intellectual property rights of the Contents provided by the Site belong to us or other rightful owners. You may not reproduce, reprint, copy, upload, modify, sell, or make secondary use of the Contents without our permission.
Article 4 – SALES AND PURCHASE AGREEMENT
On the Site, a sales and purchase agreement between you and us is considered to be formed when we notify you that your order has been accepted after you make the order to us. The ownership of your ordered items shall be transferred from us to you when we handed them over to a carrier. Our obligation to deliver items shall be considered to be fulfilled when we ship them to your address that you notify to us via the Site.
We may terminate the sales and purchase agreement without prior notice if any of the following events or conducts occurs:
1. You has violated, or can reasonably be expected to violate, the Terms or the Individual Rules.
2. You has not made payment by the due date.
3. Your orderd items cannot be delivered due to an incorrect address or addressee’s absence.
4. The trust between you and us has been damaged due to other reasons.
Payment, delivery, cancellation of orders, and return of items shall be in accordance with the methods separately determined by us.
Article 5 – MEMBERSHIP
On the Site, you can apply for membership by the prescribed method after you agree the Terms and the Individual Rules. (You are able to make purchase orders without your membership.) Your membership registration shall be completed when we notify you of its approval, then you will be a registered member (the “Member”).
We reserve the right to reject your application, when you are deemed to have any of the following reasons:
1. Incorrect information in the application.
2. The applicant who violated the Terms or the Individual Rules before.
3. Any other event or conduct which is not appropriate as to a Member in our judgment.
In any case, we don’t have an obligation to disclose the reason.
Article 6 – THE MEMBER’S OBLIGATION
You shall be responsible for your User ID and password of the Site if you are registered as the Member on the Site. You may not transfer, rent or share your User ID and password to/with a third party in all instances. If your User ID and password are used to log in, we assume that you have logged in authentically.
We shall not be responsible for any loss or damage caused by the use of your User ID and password by a third party; provided, however, that this shall not apply to any loss or damage related to or arising from our gross negligence or willful misconduct.
Article 7 – TEMPORALY SUSPEND SERVICE
We reserve the right to suspend all or part of the Site without prior notice if we determine that any of the following reasons exists:
1. Maintenance or updates of the computer system related to the Site.
2. Force majeure (including but not limited to natural disasters, governmental regulations, wars, riots or strikes).
3. Any other event which inhibits operation of the Site in our judgement.
We shall not be responsible for any loss or damage incurred by you or a third party due to suspension or termination of the Site for whatever reason.
Article 8 – RESTRICTION OF USE; TERMINATION OF MEMBERSHIP
We may restrict you from using all or part of the Site or terminate your membership without prior notice if any of the following events or conducts occurs:
1. Violation of the Terms or the Individual Rules.
2. Incorrect information in the registration.
3. Suspension of your credit card or payment account you informed to us.
4. Failure to fulfill your payment obligation.
5. Disuse for a certain period of time since last.
6. Any other event or conduct which is not appropriate as to a user or a Member of the Site in our judgment.
We shall not be responsible for any loss or damage incurred by you due to restriction of use or termination of your membership for whatever reason.
Article 9 - CANCELLATION OF MEMBERSHIP
You may cancel your membership of the Site by the prescribed method.
Article 10 – PROHIBITED ITEMS
The following items are prohibited:
1. Conduct which contraries to law, public order or morality;
2. Infringement of copyrights, trademark rights or other intellectual property rights related to the Site;
3. Commercial use or unauthorized use of the Contents of the Site;
4. Conduct that causes or may cause inconvenience, prejudice, loss or damage to other users, third parties or us; and
5. Any other event or conduct which is not appropriate in our judgment
Article 11 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not warrant that the Site or the items sold on the Site have no defect, error or failure in fact or in law, including but not limited to defects related to merchantability, safety, reliability, accuracy, integrity, validity, fitness for a particular purpose, computer system, and non-infringement.
The exclusion or the limitation of liability for these damages is not applied when the relevant law does not allow it. Even in this case, however, we are not liable for special, indirect or incidental damages, including lost profits, caused to you as a result of default or tort related to our negligence (except for gross negligence or willful misconduct), whether foreseeable or unforeseeable for you or us.
In case we are liable for damages in relation to the Site, the total amount paid by you to us for any item or service shall be the maximum amount of liability. We are not liable for any transaction, communication, or dispute caused between you and other users or third parties.
Article 12 - MODIFICATIONS TO THE SITE
We reserve the right to modify all or any part of the Site, to change prices of items, or discontinue the Site without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Site.
Article 13 - CHANGES TO TERMS
We reserve the right, at our sole discretion, to update, change or replace any part of the Terms or the Individual Rules without notice at any time. Your continued use of or access to the Site following the posting of any changes to the Terms or the Individual Rules constitutes acceptance of those changes.
Article 14 - PERSONAL INFORMATION
Article 15 - COMMUNICATION
Any notice or communication between you and us shall be made by the method prescribed by us. Unless you notify us of a change of your contact information by the prescribed method, we will consider your contact information which is currently registered or known to us to be valid, and we will notify or contact you with the contact information. These are considered to have reached you at the same time of contact.
Article 16 - PROHIBITION OF ASSIGNMENT OF RIGHTS AND OBLIGATIONS
You may not assign or encumber your position under the sales and purchase agreement between you and us, or your rights or obligations under the Terms to any third party without our prior written consent.
Article 17 - SEVERABILITY
In the event that any provision of the Terms or the Individual Rules is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from the Terms or the Individual Rules, such determination shall not affect the validity and enforceability of any other remaining provisions.
Article 18 - GOVERNING LAW AND JURISDICTION
The Terms, the Individual Rules and any separate agreements shall be governed by and construed in accordance with the Japanese law. The application of the United Nations Convention on Contracts for the International Sale of Goods shall be precluded. All disputes arising out of or relating to the Terms, the Individual Rules and any separate agreements shall be settled by the district court located within the city in which the head office of The Sixth Night Inc. locates.
Established on 18th May, 2020
Revised on 25th July, 2020