Terms of Service
SIXTYPERCENT Inc, (hereinafter referred to as "the Company") establishes the following terms and conditions (hereinafter referred to as the "Terms of Service") that apply when customers purchase products from the online store "60% - SIXTYPERCENT," operated by the Company or its vendors.
Article 1
Definitions, Application of Terms
The major terms defined in these Terms of Service are as follows:
    1.
    "This Site" refers to the EC site below, recorded on a recording medium for automatic public transmission via the internet.
  • Site Name: 60% - SIXTYPERCENT
  • Main Page URL: https://www.sixty-percent.com/
    • 2.
  • "Vendor" refers to individuals or entities that operate a virtual store on this Site, managed by the Company on the internet.
    • 3.
  • "User" refers to individuals who, in accordance with these Terms of Service, apply to use the services offered by the Company and enter into a service contract with the Company.
    • 4.
  • "Service Contract" refers to the contract between the User and the Company under these Terms of Service, as well as the individual regulations and additional regulations specified in Article 2, Paragraph 3.
    • 5.
  • "Service" refers to all or part of the services provided by the Company to the User as specified in Article 5.
    • 6.
  • "Products, etc." refers to goods sold or services provided by the Company or vendors on this Site.
    • 7.
  • "Sale, etc." refers to the sale of goods or provision of services by the Company or vendors on this Site.
Article 2
Purpose and Scope of Terms of Service
    1.
  • The purpose of these Terms of Service is to establish the contractual relationship between the Company and the User regarding the provision of services, the use of services, and the sale and purchase agreements between the Company and the User.
    • 2.
  • These Terms of Service apply to all relationships between the Company and the User regarding the services.
    • 3.
  • Individual regulations and additional regulations posted separately on the web pages of this Site by the Company constitute part of these Terms of Service. In the event of any inconsistency between these Terms of Service and such individual regulations or additional regulations, the latter shall take precedence.
Article 3
Amendment of Terms of Service
    1.
    The Company may amend these Terms of Service in accordance with the law under the following circumstances:
    (1)
  • When the amendment is in the general interest of the User.
    • (2)
  • When the amendment is consistent with the purpose of the service contract, reasonable in light of the necessity of the amendment, the adequacy of the amended content, and other circumstances related to the amendment.
    • 2.
  • When amending these Terms of Service as per the preceding paragraph, the Company shall specify the effective date of the amendment, post the amended Terms of Service and the effective date on this Site, or notify the User by appropriate means, such as email.
    • 3.
  • The amended Terms of Service shall apply to all relationships between the Company and the User regarding the services after the effective date of the amendment.
Article 4
Formation of Service Contract
    1.
  • Those who wish to use the services must agree to all these Terms of Service and apply to the Company for the use of the services.
    • 2.
  • When the Company accepts the application under the preceding paragraph, a service contract is deemed to have been concluded between the applicant and the Company.
    • 3.
  • The User shall understand the content of these Terms of Service and agree that these Terms of Service apply to the sale and purchase agreements between the Company and the User in the event of a sale and purchase contract.
Article 5
Content of the Service
The content of the service provided by the Company to the User includes the following:
    (1)
  • Providing information to the User about products, etc., sold or provided by the Company or vendors.
    • (2)
  • Transmitting information about orders for products from the User to vendors.
Article 6
Caution in Using the Service
    1.
  • The User shall use the service through the sales pages of vendors on this Site with the intention of entering into contracts for the sale, etc., of products, etc., with the Company or vendors. The User may not use the service for purposes other than this intention or in a manner deemed inappropriate by the Company.
    • 2.
  • Transactions between the User and vendors through the sales pages of vendors on this Site are direct transactions between the User and the vendors, and the Company does not become a party to such transactions. If the User purchases products from overseas vendors, the User shall understand that they will become the importer and assume the responsibility as the importer. The User shall use the service with the understanding that the Company bears no responsibility for the transactions, including the sale and import of products, between the User and vendors. However, this provision does not apply when the Company enters into a sales contract with the User.
    • 3.
  • The transaction conditions for products, etc., between the User and the Company or vendors are governed by the content displayed on this Site.
    • 4.
    If the Company enters into a sales contract with the User, the following provisions shall apply. However, if there is any inconsistency with the content displayed on the sales screen of this Site, the content displayed on the sales screen of this Site shall prevail.
    (1)
  • The products sold by the Company are deemed delivered when the delivery to the User is completed, and at the same time, ownership and risk are transferred from the Company to the User.
    • (2)
  • The sales contract between the Company and the User is deemed to be concluded when the User receives notification of the shipment of the products. The User shall make the payment of the purchase price by the specified deadline. If payment confirmation is not received by the specified deadline, the sales contract will be automatically terminated.
    • (3)
  • If the User needs to import products under the sales contract between the User and the Company, the User shall understand that they themselves will become the importer and assume the responsibility as the importer.
    • 5.
  • The User may not request returns or exchanges of products, etc., purchased on this Site.
    • 6.
  • If the User discovers non-conformity with the contract, such as initial defects or defective products, in the products purchased from the Company or vendors within seven days from the date of receipt, the User may request the Company or vendors for replacement or refund during that period. The Company is not obligated to accept return or exchange requests made after this period. If the User requests a refund from a vendor, the Company will act as an agent for the vendor for the purpose of exchanging or refunding the product.
    • 7.
    When a vendor refunds the User based on the preceding paragraph, the standard processing period for the completion of the normal refund process is as follows, depending on the payment method (the actual completion of the refund to the User may differ from the standard processing period depending on the payment method).
    (1)
  • Credit card payment: 10 to 14 business days from the Company's business day.
    • (2)
  • Payment at convenience stores: the next business day of the Company.
    • 8.
  • The delivery of products from the Company or vendors to the User may take approximately 20 business days from the date of confirmation of payment.
    • 9.
  • If, for reasons attributable to the User, products purchased from the Company or vendors are redelivered, the User shall bear the cost.
    • 10.
  • The prices of products displayed on this Site by the Company or vendors include any applicable customs
Article 7
User Obligations/Prohibited Acts
Users, in using this service, shall refrain from engaging in the following acts:
    1.
  • Acts that violate laws or regulations or may pose a risk of such violation.
    • 2.
  • Acts contrary to public order and morals.
    • 3.
  • Acts that infringe upon the rights of others, including but not limited to general property rights such as ownership, intellectual property rights such as copyrights, trademarks, design rights, patent rights, and personality rights such as honor and privacy. The following clauses are included.
    • 4.
  • Acts that obstruct the provision of services by the company.
    • 5.
  • Sending or posting harmful programs or similar content.
    • 6.
  • Unauthorized access to servers or other computers owned by the company.
    • 7.
  • Acts that violate these Terms of Use or may pose a risk of such violation.
    • 8.
  • Using this service for the purpose of resale or other business activities.
    • 9.
  • Replicating the company's website without prior written permission.
    • 10.
  • Acts such as decoding, analyzing, decompiling, disassembling, or reverse engineering of this service (including applications provided by the company), servers owned by the company, and information, communication content, etc., generated by these.
    • 11.
  • Sending inappropriate data such as spam, chain mail, viruses, etc.
    • 12.
  • Any other acts deemed inappropriate by the company.
Article 8
Handling of User's Personal Information
If the company acquires user information, it will handle personal information appropriately based on laws such as the Act on the Protection of Personal Information. In addition to legal requirements, the company will handle user information appropriately based on its separately established Personal Information Protection Policy and Privacy Policy.
    Article 9
    Suspension of the Service
      1.
      The company may temporarily suspend this service without prior notice to the user if any of the following reasons apply:
      (1)
    • Maintenance, repair, supplementation, improvement, etc., of the company's servers, software, etc., is necessary.
      • (2)
    • Accidents or failures occur in computers, communication lines, etc.
      • (3)
    • It is deemed unavoidable for the company to temporarily suspend the service to protect the interests of the company, users, merchants, or other third parties.
      • (4)
    • Other cases where the company deems it necessary to suspend the service.
      • 2.
    • Users shall pre-approve that this service may be temporarily suspended based on the preceding paragraph, and even if the user incurs any damages or costs due to the temporary suspension of the service, the user will not claim guarantees or the like against the company.
    Article 10
    Rejection of Service Use/Termination
      1.
      If the user falls under any of the following items, the company may reject the provision of this service or terminate the Terms of Use contract with the user:
      (1)
    • When the user does not exist (including cases where it is found that the person registered with the company does not actually exist or that the registered information is different from the truth).
      • (2)
    • When the user violates any provisions of these Terms of Use, the Terms of Use contract, or any other contracts concluded with the company.
      • (3)
    • When the user has been refused the use of the service in the past due to a violation of these Terms of Use or similar reasons.
      • (4)
    • When the user is a minor or otherwise lacks the capacity to perform legal acts and has not obtained the consent of a legal representative, guardian, or assistant when using this service.
      • (5)
    • When it is discovered that the user's statements or warranties under Article 12 are false.
      • (6)
    • When it is discovered that the user has used this service for business purposes.
      • (7)
    • When the company determines that providing this service to the user is not appropriate.
      • 2.
    • The company may terminate the Terms of Use contract with the user at its discretion.
      • 3.
    • In the event of a violation of paragraph 1, the company may also terminate the sales contract concluded between the company and the user. In this case, the company may claim damages (including lost profits and attorney's fees, among others), and this will not be precluded by the termination.
    Article 11
    Discontinuation of the Service
      1.
    • The company may discontinue all or part of the services provided to users due to business reasons, etc.
      • 2.
    • Users shall agree not to claim compensation or similar against the company even if they incur any damages or costs due to the discontinuation of all or part of the service as stipulated in paragraph 1.
    Article 12
    Exclusion of Anti-Social Forces
    Users shall declare and warrant to the company the following:
      1.
    • The user, its officers (employees, directors, executive officers, or equivalent persons executing business, hereinafter the same), controlling shareholders, and other persons substantially involved in management, currently and in the future, do not fall under organized crime groups, related companies of organized crime groups, extortionists, or members of these antisocial forces. Furthermore, they do not have socially condemnable relationships with antisocial forces.
      • 2.
      Neither the user nor a third party, now and in the future, will engage in the following acts:
      a.
    • Violent demands.
      • b.
    • Unjust demands beyond legal responsibility.
      • c.
    • Coercive behavior or violence in transactions.
      • d.
    • Dissemination of rumors, use of deception, or use of force to damage the company's reputation or interfere with the company's business.
      • e.
    • Other acts equivalent to the above.
      • 3.
    • The user will not use its name or that of a third party associated with antisocial forces to conclude the Terms of Use contract.
    Article 13
    Company's Responsibility
      1.
    • The company does not guarantee the suitability of the service for the purposes intended by the merchants, nor does it guarantee the reliability, accuracy, legality, or performance of the service provided to users.
      • 2.
    • The company does not guarantee the accuracy, completeness, or timeliness of the information posted on its website.
      • 3.
    • The company shall not be held responsible for providing the service in case of impossibility due to force majeure, such as power outages, communication line accidents, natural disasters, non-performance by telecommunication carriers, malfunctions in the internet communication network, system malfunctions on servers, or emergency maintenance, and other reasons beyond the company's control.
      • 4.
    • In the event of delays or impossibility of performance of obligations under these terms of use due to reasons such as natural disasters, wars, riots, internal strife, enactment or amendment of laws, orders or dispositions by public authorities, disputes such as strikes, accidents in transportation, the spread of infectious diseases, or other reasons beyond the company's control, the company shall not be held liable.
      • 5.
      The company shall not be liable for damages falling under the following items, nor for the leakage, loss, or damage of secondary data associated with the following items:
      (1)
    • Damages caused by programs not provided by the company.
      • (2)
    • Damages caused by unauthorized acts by third parties other than the company.
      • (3)
    • Damages caused by unauthorized access or attacks on servers by hackers and crackers.
      • (4)
    • Damages caused by bugs on this site despite the company's diligent management.
      • 6.
    • The company assumes no responsibility for the hardware, software, communication environment, and other equipment or programs not involving the company necessary for users to use this site. Even if damages occur to the user or other third parties due to this, the company is not responsible.
      • 7.
    • The company assumes no responsibility for any disputes arising from information, such as product information, images, text, design, logos, videos, and other information publicly disclosed by merchants on this site. In case of damages or costs incurred by the user or others due to such disputes, the company will not be liable for compensation or indemnification. Disputes arising from the purchase of products by users from merchants shall be resolved between the user, the merchant, and other parties responsible for their own responsibilities and expenses.
    Article 14
    Method of Notification
      1.
    • Notifications made by the company to users based on or related to these terms of use will be made by posting on the company's system, and such notification will be deemed complete at the time of posting unless otherwise specified in these terms of use or the usage agreement.
      • 2.
    • Notwithstanding the provisions of the preceding paragraph, if the company deems it appropriate, notifications may be made by sending an email to the user's email address entered at the time of use or by other methods. In this case, the notification will be deemed complete at the time the company sends the notification.
    Article 15
    Prohibition of Assignment of Rights and Obligations
    Users may not assign or pledge all or part of the rights or obligations under these terms of use to a third party without the prior written consent of the company.
      Article 16
      Governing Law, Agreement Jurisdiction
        1.
      • The governing law of this usage agreement (including these terms of use) is Japanese law.
        • 2.
      • For lawsuits and other disputes related to this usage agreement (including these terms of use), the Tokyo District Court shall be the exclusive agreement jurisdiction court of first instance.
      Article 17
      Language
      Documents created concerning this usage agreement (including these terms of use) shall be deemed to be in Japanese. In the case of documents created in both Japanese and English or any other language, the Japanese version shall take precedence.
        Supplementary Provisions
        Enacted on July 20, 2019
        Revised on June 13, 2023