Terms of service

Grasshopper Online Store Terms of Use

 

 These Terms of Use shall apply to the “Grasshopper Online Store” (hereinafter referred to as the “Service”), a mail order service provided by Grasshopper Manufacture, Inc. (hereinafter referred to as the “Company”) to define the relationship between the Company and customer when the customer uses the Service.

 

Article 1 (Application)

1. The purpose of these Terms of Use is to define the terms and conditions of the Service and the rights and obligations between customers that use the Service and the Company, and shall apply to all relationships between the Company and customer of the Service.

2. The rules and guidelines in regard to use of the Service (hereinafter referred to as the “Individual Agreement”) posted on the Company’s web pages that relate to the Terms of Use shall be considered part of the Terms of Use.

3. In case of any contradiction between the Individual Agreement and the Terms of Use, the provisions of these Terms of Use shall take precedence unless otherwise specified in the Individual Agreement.

 

Article 2 (Applying and Establishing the Contract)

1. Customers that wish to purchase a product either sold by the Company or by a designated third party must agree to the terms and conditions stipulated for each product and purchase in the way designated by the Company.

2. The Company’s acceptance of the order is proven by an e-mail to that effect. The contract for purchase shall be considered to have established once the customer has received the e-mail.

3. Once the application has been received from the customer, the Company may still decline the order  in any of the following cases:

(1)    The order violates these Terms of Use

(2)    There was a violation of the Terms of Use in the past

(3)    Many orders were made at a single time

(4)    The intent is to resell (scalp) the product

(5)    The order was made while impersonating a third party

(6)    The Company was provided with false information

(7)    The e-mail could not be sent to the address entered by the customer

(8)    Payment authorization could not be obtained from the credit card company (or other payment provider), the use of the credit card (or other method) was fraudulent, or if fraud is suspected

(9)          Aside from the above cases, when the Company has reasonably determined the necessity to decline the application

4. Once the application has been accepted, the customer may not withdraw it.

 

Article 3 (Product Price, Payment Method, Etc.)

1. The customer shall pay the following items (hereinafter referred to as the “product price”.)

(1)    Sale price of the product (including local and national consumption tax)

(2)    Shipping and Handling

① JPY1,000 flat rate within Japan. No charge if the sale price (including consumption tax) for a single order is JPY11,000 or more.

② For orders outside of Japan, please pay the shipping fee displayed on the payment screen. (Shipping fees are calculated based on the approximate weight and the destination area).

2. The customer will be responsible for all expenses and charges needed to transmit via the internet.

3. Payment for product purchase via the Service may be made by credit card (JCB /American Express /Master Card /VISA), Shop Pay, Google Pay, Apple Pay, or any other payment method designated by the Company. Payment must be made at the time the order is placed.

4.  Confirm the following before paying via credit card.

(1)    The customer will pay via a credit card issued by a credit card company approved by the Company and in accordance with the credit card company’s terms of service.

(2)    The name of the cardholder and the customer purchasing from the Company are the same.

(3)    In the event of a dispute between the customer and credit card company, the customer and credit company will resolve the dispute between themselves, with the Company not liable for any compensation, damages, etc.

 

Article 4 (Transfer of Ownership and Liability)

1. The title to the product or goods purchased shall transfer from the Company to the customer at the time they are delivered from the Company to the customer.

2. The customer assumes liability for any loss, damage, or alteration to the goods incurred after delivery, unless the cause is attributable to the Company. However, in such a case (except for cases of intentional or gross negligence,) the Company shall be liable only for usual and direct damages (to the exclusion of special damages, profit loss, etc.) that were actually incurred by the customer.

 

Article 5 (Returns etc.)

1. In the case of damage or defacement due to an accident in the process of delivery, or of a discrepancy of type, quality, or quantity of delivered goods with the terms of the contract, the customer must contact the Company within 7 days of delivery, and the goods must not fall under any of the following sections in order to exchange or return the goods. The Company shall bear the cost of shipping and handling for any return or exchange of goods.

(1)    The item has been used, repaired, laundered, or cleaned.

(2)    The item is missing accessories, defect or product tags, warranty certificate, bag, box, etc.

(3)    The customer has damaged, scuffed, or soiled the item.

(4)    The item’s packaging (Bag/Box etc.) has been damaged

2. In principle, the Company will not accept returns or exchanges that do not fall under the conditions set forth in Article 5.1 and are for the convenience of the customer.

 

Article 6 (Use by Minors)

Any use of the Service by a minor will be assumed to have the consent of their legal representative or guardian.

 

Article 7 (Intellectual Property Rights)

All intellectual property rights related to the Company’s products (goods, items, merchandise, etc.) as well as the website of the Service belong to the Company or third parties that have licensed their intellectual property to the Company. Unless explicitly provisioned for otherwise, no right to intellectual property is assigned or licensed to the customer.

 

Article 8 (Prohibited Activities)

The customer may not engage in any of the following acts:

(1)    Actions that violate laws, regulations or these Terms of Use

(2)    Actions that are detrimental to public order or morals

(3)    Placing a single overly large order

(4)    Purchasing products for the purpose of reselling them

(5)    Placing an order while impersonating a third party

(6)    Giving the Company false information

(7)    Using a credit card in an unauthorized manner

(8)    Damaging or threatening to damage the Company or a third party

(9)  Aside from the above items, any act that the Company reasonably determines on a rational basis to be inappropriate

 

Article 9 (Contract Termination)

  1. The Company may terminate the contract with the customer without prior notice in any of the following instances:

(1)    Terms of Use violation

(2)  The Company was unable to deliver the e-mail to the address entered by the customer

(3)  It is confirmed that approval for payment is unable to be obtained from the credit card company or other payment provider

(4)  If, despite delivery of the product to the address specified by the customer at the time of the order, delivery cannot be completed within the delivery company's retention period due to an unknown or undeliverable address or for some other reason.

(5)        There is a risk of interference with the mail-order service of the Company or the provision of its services

  1. In the event that a contract is terminated pursuant to the previous article, the Company may charge the customer an administrative fee of JPY1,000, 30% of the product’s sale price, and the shipping and handling charges if the item has already been delivered. If the product price has already been paid, the Company shall refund the paid amount minus the relevant charges mentioned above. If the Company has incurred damages exceeding this amount, the Company reserves the right to seek compensation for the damages incurred.

 

Article 10 (Liability)

Except in cases of willful misconduct or gross negligence, the Company shall not be liable for any damages incurred by the customer. However, in cases of the Company’s negligence (excluding gross negligence,) the Company shall be liable only for usual and direct damages (excluding special damages, lost profit, etc.) that have actually been incurred by the customer.

 

Article 11 (Exclusion of Antisocial Organizations)

1. The customer warrants and represents that the customer does not and will not in the future fall under any of the following:

(1)    Any executive, including directors, executive officers, or auditors, as well as individuals themselves, are prohibited from having affiliations or relationships with organized crime groups (referred to as 'violent organized crime groups' or ‘Boryokudan’ in Act No. 77 of Year 1991, Article 2, Clause 2), members of such groups (as defined in the same Act, Article 2, Clause 6), individuals who have ceased to be a member of violent organized crime groups for less than 5 years prior, or individuals affiliated with similar groups, or who have close relationships with violent organized crime groups or their members (hereinafter collectively or individually referred to as “Persons Linked to Organized Crime”).

(2)   The customer’s business is considered to be controlled by Persons Linked to Organized Crime.

(3)       The customer’s business is considered to make use of organized crime and/or Persons Linked to Organized Crime for the purposes of leveraging their power in obtaining unjust profits or advantages, or uses Persons Linked to Organized Crime for a similar purpose.

(4)       The customer is known to be involved in providing funds, favors, or preferential treatment to Persons Linked to Organized Crime.

2. The Company may immediately terminate the contract with the customer without prior notice in any of the following cases:

(1)    A violation of Article 11.1 of these Terms of Use

(2)    The customer or a third party has engaged in any of the following acts:

① Attempting to extort the Company

② Making demands on the Company beyond their legal responsibility

③ Committing or threatening to commit violent acts against the company

④ Using rumors, deception, or force to damage the Company’s reputation or impede its business

⑤ Any act similar to any of the preceding acts stipulated in Article 11.2.

3. Termination of a contract with a customer on the basis of Article 11.2 shall not preclude the Company’s right to seek compensation for the damages incurred from the customer.

 

Article 12 (Suspension, Interruption, or Termination of the Service)

1. The Company may suspend all or part of the Service at any time in the following cases:

(1)    Inspection or maintenance work related to the Service

(2)    System or communications outage

(3)    Network problems

(4)    Earthquake, storm, fire, flood, power outage, other natural disaster, an epidemic, or any other emergency

(5)    Any case where the Company deems it necessary to suspend the Service

2. The Company reserves the right to change the Service’s content, to suspend, or to terminate the Service.

 

Article 13 (Privacy Policy)

The Company shall handle the personal information it receives from the customer in accordance with the Privacy Policy, and the customer shall consent to the Company handling their personal information in accordance with the Privacy Policy.  For more details, please refer to the Privacy Policy (https://grasshopperonline.store/policies/privacy-policy).

 

Article 14 (Amending the Terms of Use Etc.)

1. The Company may amend the Terms of Use as the Company deems necessary.

2. Pursuant to Article 14.1, in the event of an amendment to the Terms of Use, the Company shall notify the customer by posting the amendment on the Service or through another appropriate method. Unless a formal objection is filed in a timely manner according to the procedures set by the Company, the customer will be considered to have consented to the amendment and the amendment will take effect at that time.

 

Article 15 (Assignation of Rights and Obligations)

1. The customer may not assign, transfer, set up as collateral, or otherwise dispose of their rights or obligations under these Terms of Use to any third party without the Company’s written consent.

2. In the event that Company transfers the business and Service to another Company, the Company may transfer the rights and obligations under these Terms of Use to the transferee. The customer will be considered to have consented in advance to this transfer. The transfer stipulated in this section includes not just standard business transfers, but corporate divestitures and any other case where a business is deemed transferred.

 

Article 16 (Severability)

If any provision of these Terms and Conditions or any part thereof is determined to be invalid or unenforceable under the Consumer Contract Act or other laws or regulations, the remaining provisions of these Terms and Conditions and the remainder of any provision that is determined to be invalid or unenforceable in part shall remain in full force and effect.

 

Article 17 (Governing Law and Jurisdiction)

1. These Terms of Use shall be governed by and construed in accordance with the laws of Japan.

2. The Tokyo District Court shall have exclusive jurisdiction in the first instance over any and all disputes arising out of or relating to these Terms of Use.

 

[Set on 2023/12/25]