Terms of service
These Terms of Use (“Terms”) govern your access to and use of the STUDIO MOO website (the “Website”), which is operated by Pamouna Co., Ltd. (“Company”).
Please read these Terms carefully before using the Website. By accessing or using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, please refrain from using the Website.
Terms of Use
Article 1. Scope and Amendments
- These Terms apply to all Services provided by the Company as defined in Article 2.
- The Company reserves the right to revise these Terms at any time. The Company may also establish additional terms, guidelines, or policies that supplement these Terms (collectively, the “Supplementary Terms”).
- Any revisions to these Terms or Supplementary Terms shall become effective upon publication on the Website, unless otherwise required by applicable law. Where user consent is required by law, the Company will obtain such consent through the prescribed procedures.
Continued use of the Services after any revisions become effective constitutes acceptance of the revised Terms.
Article 2. Services
- The Company provides the following services through the Website (collectively, the “Services”):
- Sale of products
- Provision of information
- Various services offered by the Company
- Services ancillary or related to the foregoing
- The Company reserves the right to modify, suspend, or discontinue any part of the Services at its discretion. Where applicable law requires user consent for such changes, the Company will obtain such consent through the prescribed procedures.
Article 3. Definition of User
For the purposes of these Terms, a “User” means any person who has reviewed and agreed to these Terms and who accesses, browses, searches, or otherwise uses any images, text, designs, logos, videos, software, ideas, information, or other content made available through the Services (collectively, the “Content”).
Article 4. Membership
- A “Member” is a User who has applied for membership in accordance with the procedures specified by the Company and has agreed to these Terms.
- “Member Information” means any information provided by a Member to the Company, including personal profile information and records relating to transactions conducted through the Website.
- These Terms apply to all Members and govern both the registration process and the continued use of membership services.
Article 5. Registration
- Eligibility
Users who agree to these Terms and complete the prescribed registration procedures shall become Members upon successful completion of the registration process. Membership registration must be completed by the applicant personally. Registration by proxy is not permitted. The Company reserves the right to reject or refuse any application for membership, including applications submitted by individuals whose membership has previously been revoked or where the Company otherwise determines that registration would be inappropriate. - Registration Information
Applicants must accurately complete all required information in the designated registration forms. Certain special characters or obsolete Japanese characters may not be supported by the registration system. Where such characters are submitted, the Company may replace them with appropriate alternatives. - Password Management
- Passwords are for the exclusive use of the registered Member and may not be transferred, lent, or otherwise disclosed to any third party.
- Members are responsible for maintaining the confidentiality of their passwords, including changing them periodically and taking appropriate measures to prevent unauthorized use.
- Any instructions, requests, or transactions made using a Member’s password shall be deemed to have been made by that Member. The Member shall bear full responsibility for any payments or obligations arising from such use.
Article 6. Changes to Member Information
- Members shall promptly notify the Company of any changes to the information provided during registration, including their name, address, or other registered details.
- The Company shall not be liable for any loss or damage resulting from a Member’s failure to update such information. Any transactions completed prior to the registration of updated information shall be processed based on the information previously registered.
Article 7. Withdrawal of Membership
Members wishing to terminate their membership must complete the prescribed withdrawal procedure. Membership shall terminate upon completion of the withdrawal process in accordance with the Company’s procedures.
Article 8. Revocation of Membership and Indemnification
- Revocation of Membership
The Company may revoke a Member’s membership without prior notice if the Member: provides false information during the registration process; fails to fulfill payment obligations arising from purchases made through the Website; or is otherwise deemed by the Company to be unsuitable for membership. - Indemnification
Members shall be responsible for compensating the Company for any loss or damage arising from any of the following acts:- Unauthorized use of a Member ID or password.
- Interfering with the operation of the Website, including altering Website data or transmitting harmful computer programs.
- Infringing the Company’s intellectual property rights or those of its products.
- Any other violation of these Terms.
Article 9. Handling of Member Information
- As a general rule, the Company will not disclose Member Information to any third party without the Member’s prior consent, except where disclosure is required by applicable law.
- Member Information shall be handled in accordance with the Company’s Privacy Policy. The Company may use Member Information for the following purposes: Providing the Services to Members. Improving the quality and functionality of the Services. Promoting the use of the Services. Ensuring the proper and efficient operation of the Services.
- The Company may provide Members with newsletters, promotional materials, and other communications, including advertisements, by email or other means. Members who do not wish to receive promotional communications may opt out by following the procedures specified by the Company. However, Members may not opt out of communications that are necessary for the operation or administration of the Services.
Article 10. Formation of Sales Contracts
- A sales contract between the User and the Website shall be deemed concluded when the Website receives the User’s order.
- Users who are minors must obtain the consent of a parent or legal guardian before placing an order.
- Upon formation of the sales contract, the Company shall be entitled to charge the User for the purchase price in accordance with the payment method selected by the User under Article 14.
Article 11. Transfer of Ownership and Risk
- Ownership of the purchased product shall transfer from the Company to the User upon delivery of the product.
- After delivery, the User shall bear all risks of loss, damage, deterioration, or other defects affecting the product, except where such damage is attributable to the Company. Where the Company is responsible, its liability shall be limited to direct and ordinary damages actually incurred by the User and shall not include indirect, consequential, special, or lost-profit damages, except in cases involving the Company’s willful misconduct or gross negligence.
Article 12. Cancellation of Sales Contracts
- Cancellation by the Company
The Company may cancel a sales contract, even after it has been concluded, under any of the following circumstances. In such cases, the Company shall not be liable for any damages arising from the cancellation.- The User fails to complete payment within the designated period.
- The User’s credit card issuer declines authorization for payment.
- The ordered product is out of stock and no future delivery date can be confirmed.
- The product is found to be damaged or defective before shipment and no replacement inventory is available.
- The product has been discontinued or otherwise becomes unavailable.
- Delivery becomes impossible due to circumstances beyond the Company’s reasonable control.
- Cancellation Due to User-Related Circumstances
The Company may also cancel a sales contract under the following circumstances. In such cases, the User shall reimburse the Company for any actual costs incurred prior to cancellation.- Delivery cannot be completed because the shipping address is incorrect, the recipient is unavailable for an extended period, or delivery is refused.
- The User is determined to belong to, or have affiliations with, organized crime groups or other anti-social forces.
- The User engages in fraudulent or otherwise inappropriate conduct in connection with the Services.
Article 13. Prices
- Product prices are displayed on each product page. Shipping charges are displayed during the checkout process.
- Unless otherwise stated, all prices and shipping charges include applicable Japanese consumption tax.
- The Company reserves the right to change product prices and shipping charges at any time without prior notice.
Once a sales contract has been concluded, the User shall pay the price applicable at the time the order was placed. No additional charges or refunds will be made as a result of subsequent price changes.
Article 14. Payment Methods
- Users may choose one of the following payment methods when purchasing products:
- Credit card
- Bank transfer
- Any other payment method introduced by the Company in the future
- The Company may add, remove, or modify available payment methods at its discretion.
- If payment by credit card is declined by the card issuer, the Company may request that the User complete payment using an alternative payment method.
Article 15. Delivery
- All products shall be delivered by shipping carriers designated by the Company. The Company will select the carrier based on the size, weight, and nature of the products. Users may not designate a preferred carrier.
- Delivery is available only within Japan. Certain remote islands and other designated areas may be excluded from delivery. Orders to non-serviceable areas may be cancelled and refunded.
- Where multiple products are included in a single order, they may be shipped separately depending on inventory availability, product characteristics, or shipping origin. Delivery dates, times, and carriers may therefore differ.
- Once shipment arrangements have been completed, the delivery address cannot be changed for any reason.
- Users may designate a delivery address other than their own residence. If the recipient is not the User, the User is responsible for informing the recipient in advance and ensuring that delivery can be completed without delay. If a shipment is returned due to refusal of delivery, prolonged absence, or other circumstances attributable to the User or recipient, the User shall bear the actual costs of both the return shipment and any subsequent re-delivery.
- If a delivery attempt is unsuccessful and a delivery notice is left by the carrier, the User is responsible for arranging re-delivery directly with the carrier.
- The Company will notify the User of the earliest available delivery date and the deadline for requesting delivery changes.
Requests made after the applicable deadline, the User’s absence at the scheduled delivery time, or unsuccessful delivery resulting from building or site conditions that prevent installation may be treated as re-delivery by the carrier. In such cases, the User shall be responsible for any applicable re-delivery charges. - The Company shall not be liable for any direct or indirect damages arising from delays in delivery, regardless of the cause of such delay.
Article 16. Returns and Exchanges
- Once a sales contract has been concluded, Users may not change products, modify product specifications, cancel an order, or request returns or exchanges for reasons of personal preference.
- If a delivered product is damaged, defective, or incorrect, the User must notify the Company through the Website within 7 days of delivery.
Where the Company determines that the damage or error is attributable to the Company, the product will be replaced with the same item. The Company will bear the shipping and other reasonable costs associated with the replacement, provided that the product is returned using the shipping label and carrier designated by the Company.
The Company shall not reimburse any shipping or handling costs incurred where the User fails to follow the Company’s return instructions. - Where a defect can be remedied by replacing individual parts, the Company may replace only the affected parts instead of replacing the entire product.
- If replacement of the product is not possible for any of the following reasons, the Company will provide a refund instead:
Refunds will be made using the original payment method whenever possible. Where this is not feasible, the Company will contact the Member by email to arrange an alternative refund method.- The product is out of stock and no future restocking date is available.
- The product becomes damaged or defective before replacement inventory becomes available.
- The manufacturer or supplier has discontinued the product or is otherwise unable to supply it.
- Replacement is impossible due to other unavoidable circumstances.
- Except in cases of willful misconduct or gross negligence by the Company, the Company’s liability shall be limited to the actual and direct damages ordinarily arising from the relevant event, and in no event shall exceed the total amount paid by the User for the relevant order, including the purchase price, shipping charges, and applicable taxes.
Article 17. Intellectual Property Rights
- Users may not reproduce, publish, distribute, modify, or otherwise use any copyrighted works or other content made available through the Website beyond the scope of personal use permitted under applicable copyright laws and other relevant legislation.
- If any dispute relating to copyrights, trademarks, or other intellectual property rights arises as a result of a User’s violation of this Article, the User shall resolve such dispute at their own expense and responsibility. The User shall indemnify and hold the Company harmless from any claims, losses, damages, or expenses arising therefrom.
Article 18. Collection of Access Information
- The Company may collect information regarding Users’ access to and use of the Website through cookies and similar technologies. Such information is collected solely for the purposes of providing and improving the Services, analyzing Website usage, and delivering interest-based advertising. The Company does not collect or use such information to personally identify individual Users except as otherwise permitted by applicable law.
- If a User disables cookies through their web browser settings, certain features or functions of the Services may become unavailable.
Article 19. Prohibited Conduct
Users shall not engage in any of the following activities when using the Services:
- Violating, or attempting to violate, any applicable law or these Terms.
- Infringing or potentially infringing upon the rights, interests, reputation, or privacy of the Company, other Users, or any third party.
- Engaging in criminal, fraudulent, or otherwise unlawful conduct, or conduct contrary to public order or accepted standards of morality.
- Interfering with or disrupting the operation of the Website or the Services.
- Using another person’s personal information or providing false information in connection with the Services.
- Unauthorized use of a Member ID or password.
- Lending, transferring, sharing, or otherwise allowing a third party to use a Member ID or password.
- Any other conduct that the Company determines to be inappropriate.
Article 20. Suspension or Interruption of the Services
- The Company may suspend or interrupt all or part of the Services without prior notice where necessary to maintain the proper operation of the Website, including but not limited to the following circumstances:
- Scheduled or emergency maintenance of systems or equipment.
- Excessive system load or network congestion.
- Fire, power outages, malicious acts by third parties, or other events that make operation of the Services difficult.
- Any other circumstances in which the Company reasonably determines that suspension of the Services is necessary.
- The Company shall not be liable for any loss or damage incurred by Users as a result of the suspension or interruption of the Services.
Article 21. Disclaimer
- The Company shall not be liable for any loss, damage, or inconvenience arising from interruptions, delays, suspension of operation, loss of data, unauthorized access, or other failures relating to communication networks, computer systems, or the Services.
- While the Company makes reasonable efforts to ensure that emails, servers, domains, and Website content are free from viruses or other harmful components, the Company does not guarantee that such materials are free of defects and shall not be liable for any damages resulting therefrom.
- The Company shall not be liable for any loss or damage resulting from a User’s violation of these Terms.
- The Company reserves the right to modify, remove, or add to the structure, content, pages, services, products, or other elements of the Website at any time without prior notice.
- Users are solely responsible for obtaining and maintaining the equipment, software, internet connection, communication charges, and any other expenses necessary to access and use the Services.
- If the Company’s computer systems, communication equipment, or network infrastructure experience failure or malfunction resulting in the loss or corruption of User data, the Company may, without prior notice, cancel or terminate any applicable sales contract and suspend the provision of the Services where necessary.
- Any notice required to be given by the Company shall be deemed duly given when sent to the contact information registered by the User. The Company shall not be responsible for any failure of delivery resulting from inaccurate or outdated registration information.
- Where the Company changes a Member ID, password, or other account information at the request of a User, the Company shall not be liable for any resulting issues after verifying the User’s identity using the procedures prescribed by the Company.
- If a User causes damage to a third party through use of the Services, the User shall resolve such matter at their own expense and responsibility. The Company shall bear no liability in connection with such disputes.
Article 22. Governing Law and Jurisdiction
- These Terms shall be governed by and construed in accordance with the laws of Japan.
- If any dispute arises between the User and the Company in connection with the Services that cannot be resolved under these Terms, the parties shall first seek to resolve the matter through good-faith consultation.
- If such dispute cannot be resolved through consultation, the Nagoya District Court shall have the exclusive jurisdiction as the court of first instance.