Terms of Use

These Terms of Use (hereinafter referred to as "Terms") set forth the terms and conditions for the provision of the shopping site "ZOY Official Online Store" (hereinafter referred to as "Service") provided by Takihyo Co., Ltd. (hereinafter referred to as "Company") and the rights and obligations between the Company and customers. When using the Service, please read these Terms in their entirety and agree to these Terms.

 Article 1 (Application)

These Terms aim to establish the terms and conditions for the provision of the Service and the rights and obligations between customers and the Company, and apply to all relationships between customers and the Company regarding the use of the Service. Customers shall use the Service upon accepting these Terms.

Rules and guidelines posted by the Company on the Service regarding the use of the Service shall constitute a part of these Terms.

 

Article 2 (Order and Delivery of Products)

Customers can purchase products from the Company through the Service. If a customer wishes to purchase a product, they shall apply for the purchase according to the method specified by the Company.

When the Company receives an order for a product from a customer, confirms necessary matters such as inventory and delivery date, and a notification of order confirmation from the Company reaches the email address entered by the customer, a sales contract shall be established between the customer and the Company.

Products will be delivered in accordance with the "Delivery Policy" posted on the Service. Customers acknowledge in advance that delivery may not be possible by the date and time stated in the "Delivery Policy" due to defects or errors in the order details or specified input items, transportation reasons such as traffic conditions, year-end and New Year holidays, bad weather, or other circumstances.

The ownership and risk of products shall be transferred to the customer when the delivery service provider hands over the products to the customer, except in the case of payment by credit card.

If a customer does not accept receipt of a product or if delivery to the customer's delivery address is not possible due to the customer's circumstances, the Company shall be relieved of the obligation to deliver the product and may charge the customer for the amount equivalent to the product.

The Company provides shipping of products to destinations outside of Japan (hereinafter referred to as "International Shipping") through the Service. Countries and regions available for International Shipping will be specified separately on the Service.

Shipping fees, delivery times, shipping methods, etc. for International Shipping shall be specified separately on the Service. Customs duties, import taxes, and other taxes and fees incurred in connection with International Shipping shall, in principle, be borne by the customer.

For returns and exchanges of products in International Shipping, conditions specified separately on the Service shall apply in addition to the regulations for domestic shipping in Japan. For issues such as loss or damage during shipping in International Shipping, the Company will respond in accordance with the regulations of the delivery service provider contracted by the Company.

・Delivery Policy

【International Shipping Fees and Methods】

Shipping fees to Asian regions are fixed at 3,000 yen, while golf caddy bags are 20,000 yen. All international shipments are sent via air freight.

【About Shipping and Delivery】

We will ship your order within 5 business days (excluding weekends and holidays) after order confirmation. Products will typically arrive within 3-7 days after shipping.

【About Customs Duties】

For international shipments, customs duties may apply at the destination (China: approximately 10-20%, Korea: approximately 8-20%). All customs duties are the responsibility of the customer.

For detailed shipping policies, please check https://zoy.co.jp/policies/shipping-policy.

 

Article 3 (Language and Currency)

Transactions on the Service are conducted in Japanese yen. The Company shall not be responsible for any differences due to exchange rate fluctuations.

The Service is provided in Japanese and English, but in the event of any discrepancy in the content of the Service, the Japanese content shall prevail.

 

Article 4 (Prohibited Acts by Customers)

1. Customers shall not engage in the following acts:
2. Use of the Service that deviates from normal use
3. Acts that interfere with the Company's business
4. Acts that damage the honor or credibility of the Company
5. Acts that infringe or may infringe on trademark rights, copyrights, privacy, or other rights
6. Entering false information when using the Service
7. Using login IDs and passwords of others to place orders
8. Reselling the Company's products, listing or selling them on auction sites, or preparing for such activities, or placing orders or requesting samples for profit-making purposes
9. Repeatedly refusing to receive products without justifiable reason
10. Unauthorized use of credit cards
11. Unauthorized acquisition and use of others' personal information
12. Sending or posting harmful computer programs to the Service or the Company's email address
13. Attacks on the site's servers, systems, or security
14. Obtaining multiple user IDs by a single user
15. Other acts deemed inappropriate by the Company

 

Article 5 (Regarding Transactions)

The Company may restrict, refuse, or suspend transactions if a customer falls under any of the following items:

1. When the Company determines that an act falling under the prohibited acts in the preceding article has been performed or an order in violation of these acts has been placed
2. When payment cannot be made by credit card for an application made by credit card payment
3. When the customer cannot be contacted by telephone, email, or other means of contact notified by the customer
4. When the customer does not respond to inquiries from the Company regarding orders
5. When the Company has sent a notification stating that returns or exchanges may not be accepted in the future due to repeated returns and exchanges, and the Company determines that normal transactions are difficult
6. Other cases where the Company determines that continuing transactions is inappropriate

If the Company determines that a customer may fall under any of the items in the preceding paragraph, the Company may withhold shipment of products until it becomes clear that the customer does not fall under any of the items in the preceding paragraph.

The Company shall not be liable for any damages incurred by customers as a result of the Company taking measures under this article.

 

Article 6 (Member Registration)

The Service can be used without member registration, but the following functions can only be used by those who have registered as members through the method specified by the Service. Customers who have registered as members through the form specified by the Service are referred to as "Members."

1. Confirmation of order history on My Page.
2. Registration and management of delivery addresses.

In some cases, members may receive other member benefits.

Customers who wish to register as members of the Service may apply for registration to use the Service by agreeing to comply with these Terms and providing the Company with certain information (hereinafter referred to as "Registration Information") as defined by the Company in the manner specified by the Company.

The Company will determine whether to approve the registration of customers who have applied for registration based on the preceding paragraph (hereinafter referred to as "Registration Applicants") according to the Company's criteria, and if the Company approves the registration, it will notify the Registration Applicant accordingly. The registration of the Registration Applicant as a Member shall be completed when the Company makes this notification.

The Company may refuse registration or re-registration if the Registration Applicant falls under any of the following items, and the Company shall not be obligated to disclose the reason:

1. If the person does not exist
2. If all or part of the Registration Information provided to the Company is false, incorrect, or omitted
3. If the person is an adult ward, person under curatorship, or person under assistance, and has not obtained the consent of their guardian, curator, or assistant
4. If the person is under 20 years of age
5. If the Company determines that the Registration Applicant is a person who has violated a contract with the Company in the past or is related to such a person
6. If the Registration Applicant applies at a time that has not passed the period specified by the Company from the date of withdrawal, in the case of a Registration Applicant with a history of withdrawal
7. If the Company determines that the person is an antisocial force, etc. (meaning a crime syndicate, crime syndicate member, right-wing organization, antisocial force, or other similar person; the same shall apply hereinafter), or cooperates or is involved in the maintenance, operation, or management of antisocial forces, etc. through funding or otherwise, or has some form of interaction or involvement with antisocial forces, etc.
8. If the person has been subject to measures as stipulated in Article 13 (Suspension of Use and Cancellation of Registration)
9. If the person is already registered as a member
10. Other cases where the Company determines that registration is not appropriate

Members must promptly notify the Company of any changes to the Registration Information in the manner specified by the Company. The Company shall not be liable for any damages incurred by Members due to failure to notify changes to the Registration Information.

 

Article 7 (Management of Member ID and Password)

Members shall appropriately manage and store their Member ID and password related to the Service at their own responsibility and shall not allow third parties to use them (including lending, transferring, changing names, buying and selling, etc.).

The Company shall deem all acts and their results using a Member ID and password to be those of the Member to whom the Member ID and password were assigned, and the Member shall bear all responsibility for such acts.

Members shall pay attention to the following items at their own responsibility to ensure the security of their passwords:

1. Not using the password registered for the Service for other services
2. Changing the password at appropriate intervals

Members shall be responsible for any damages arising from insufficient management of passwords or Member IDs, errors in use, or use by third parties, and the Company shall not bear any responsibility.

If a Member discovers that their Member ID and password are being used fraudulently by a third party, they must immediately report this to the Company.

The Company may unilaterally change a Member's password if there is a risk that the Member's password may be used fraudulently or if the Company otherwise deems it necessary. In such cases, the Company will notify the Member that the password has been changed and the new password through the method specified by the Company.

 

Article 8 (Withdrawal)

Members may withdraw from the Service and cancel their registration as Members by notifying the Company in the manner specified by the Company.

Members shall lose all rights related to the use of the Service upon withdrawal.

If there are any debts owed to the Company at the time of withdrawal, the Member shall automatically lose the benefit of time for all debts owed to the Company and must immediately pay all debts to the Company.

The handling of customer information after withdrawal shall be in accordance with the provisions of Article 12 (Handling of Customer Information).

 

Article 9 (Disclaimer and Exemption)

The Company does not guarantee that the Service will meet the specific purposes of customers.

The Company shall not be liable to compensate for any damages suffered by customers (hereinafter referred to as "Customer Damages") related to the interruption, suspension, termination, unavailability, or change of the Service by the Company, deletion or loss of messages or information sent by customers to the Service, cancellation of Member registration, loss of registration data due to the use of the Service, or failure or damage to devices, or other damages related to the Service.

For damages suffered by customers arising from the Service due to reasons attributable to the Company, the Company shall not be liable to compensate beyond the amount of the consideration for the products paid by the customer to the Company for the individual transaction for which the Company's breach of contract or tort is recognized, and shall not be liable to compensate for incidental damages, indirect damages, special damages, future damages, and lost profits.

The Company shall not be responsible for any disadvantages to customers due to delays or non-arrival of communications or products from the Company caused by deficiencies in information entered by customers.

The Company shall not be liable for any transactions, communications, disputes, etc. between customers and other customers or third parties in connection with the Service, except in cases of willful misconduct or gross negligence by the Company.

Information registered by customers on the Service may be deleted without prior notice to customers if it exceeds the specified period or quantity determined by the Company. In addition, information registered by customers on the Service may be deleted without prior notice to customers if necessary for the operation and maintenance management of the Service, in addition to what is stipulated in these Terms.

The Company does not make any guarantees regarding the safety, accuracy, certainty, usefulness, freedom from computer viruses, or correction of defects or bugs of third-party software used for the provision of the Service.

The Company shall not be liable for any damages resulting from undelivered orders due to internet troubles and related damages.

The Company may temporarily suspend the provision of the Service without prior notice to customers in the following cases. The Company shall not be liable for any damages suffered by customers as a result:

1. When it is necessary to urgently perform maintenance or repair of the systems and servers used by the Company, or to respond to failures of such servers, etc.
2. When it becomes difficult to provide the Service due to natural disasters, fires, epidemics, power outages, or line failures of telecommunications carriers, etc., causing interruption or malfunction of the online system
3. When it becomes difficult to provide the Service due to laws, administrative dispositions, etc.
4. When it is otherwise unavoidably necessary to temporarily suspend or stop the Service for operational, management, or technical reasons

If these Terms constitute a consumer contract as defined by the Consumer Contract Act, provisions in these Terms that completely exempt the Company from liability for damages shall not apply. In such cases, if damages suffered by customers are due to the Company's breach of contract or tort, the Company shall be liable for damages up to the amount of direct damages suffered by customers. However, this shall not apply if the Company has willful misconduct or gross negligence.

 

Article 10 (Copyright, etc.)

Copyright (rights stipulated in Articles 21 to 28 of the Copyright Act) related to the website used for the Service, its constituent images, videos, texts, layouts, and designs, etc. shall belong to the Company or those who have licensed the Company, unless otherwise specifically stipulated between the parties.

Customers may not use any information provided through the Service beyond the scope of constraints by copyright law, such as private copying permitted by copyright law, without the permission of the Company.

 

Article 11 (Confidentiality)

Customers shall keep confidential any non-public information disclosed by the Company to customers in connection with the Service that the Company requests to be treated as confidential, except with the prior written consent of the Company.

 

Article 12 (Handling of Customer Information)

The handling of customer information by the Company shall be governed by the "Privacy Policy" separately established, and customers agree that the Company will handle customer information in accordance with this Privacy Policy.

The Company may use information and data provided by customers to the Company as statistical information in a form that does not identify individuals, at the Company's discretion, and customers shall not object to this.

 

Article 13 (Suspension of Use and Cancellation of Registration)

The Company may temporarily suspend the use of the Service or, in the case of Members, cancel their registration as Members without prior notice or warning if customers fall under any of the following items:

1. If they violate any provision of these Terms
2. If it is found that there is a false fact in the Registration Information
3. If they become insolvent or unable to pay, or if a petition is filed for the commencement of bankruptcy proceedings, civil rehabilitation proceedings, or similar proceedings
4. If there has been no use of the Service for more than one year
5. If the Company determines that communication cannot be established through the registered email address
6. If they fall under the grounds for refusal in Article 6
7. If there is a delay in payment or other non-performance of fees related to the Service
8. If they significantly interfere with the Company's business by making long phone calls, repeatedly making the same inquiries, or forcing obligations or reasons that do not exist
9. Other cases where the Company determines that the use of the Service or registration as a Member is not appropriate

If customers fall under any of the items in the preceding paragraph, they shall automatically lose the benefit of time for all debts owed to the Company and must immediately pay all debts to the Company.

The Company shall not be liable for any damages incurred by customers as a result of actions taken by the Company based on this article, except in cases of willful misconduct or gross negligence by the Company.

 

Article 14 (Changes to the Content of the Service, Termination)

The Company may change the content of the Service or terminate its provision at the Company's convenience.

In the case of content changes that cause significant disadvantages to customers or termination of the Service, the Company shall notify customers in advance with a reasonable period of time.

The Company shall not be liable for any damages incurred by customers as a result of measures taken by the Company based on this article.

 

Article 15 (Changes to these Terms, etc.)

The Company may amend these Terms without obtaining the consent of users in any of the following cases, and users shall accept this without objection:

1. When the change to these Terms is in the general interest of Members
2. When the change to these Terms is not contrary to the purpose of the contract and is reasonable in light of the necessity of the change, the appropriateness of the content of the change, the content of the change, and other circumstances related to the change

When the Company amends these Terms for the reasons mentioned in the preceding paragraph, it shall set an effective date and notify the following matters by posting on the Company's website or by other methods until the effective date:

1. That these Terms will be changed
2. The content of the changed Terms
3. The effective date

Users shall be deemed to have agreed without objection to the changed Terms when they use the Service after the change of these Terms.

Article 16 (Contact and Notification)

Inquiries regarding the Service shall be made through the Company's designated inquiry form or by telephone. Please note in advance that we cannot respond to inquiries made directly to our office, by FAX, or through means other than the inquiry form.

Contact or notification from the Company to customers shall be made in the manner determined by the Company.

 

Article 17 (Damages)

If a customer causes damage to other customers or third parties through the use of the Service, the customer shall resolve the issue at their own responsibility and expense and shall not cause damage to the Company.

If a customer causes damage to the Company through acts contrary to these Terms or through fraudulent or illegal acts, the Company may claim appropriate damages from the customer.

 

Article 18 (Severability)

Even if any provision of these Terms or a part thereof is determined to be invalid or unenforceable under the Consumer Contract Act or other laws and regulations, the remaining provisions of these Terms and the remaining parts of provisions that have been determined to be partially invalid or unenforceable shall continue to be fully effective.

 

Article 19 (Governing Law and Jurisdiction)

The governing law of these Terms shall be Japanese law. The parties agree to exclude the application of the United Nations Convention on Contracts for the International Sale of Goods, even if the sale of goods occurs in the Service.

These Terms shall be in Japanese as the authentic text. In the event of any discrepancy between the Japanese version and any translation of these Terms, including English translation, the Japanese content shall prevail.

All disputes arising from or related to these Terms shall be subject to the exclusive jurisdiction of the Tokyo District Court as the court of first instance, regardless of whether customers are located in Japan or abroad.