Terms of service

Terms and Conditions of "Kimura-san's Fertility God" Online Store

These terms and conditions (hereinafter referred to as "Terms") set forth the conditions for the provision of the shopping site "Kimura-san's Fertility God" (hereinafter referred to as "the Service") provided by Primo Post Co., Ltd. (hereinafter referred to as "the Company") and the rights and obligations between the Company and our customers. Please read the entire Terms before using the Service, ensure you understand them, and agree to them before utilizing the Service.

Article 1: User Qualifications

  1. Users can utilize the services provided by the Company on this website (hereinafter referred to as the following domains: "https://www.kimurasan.com, https://shop.kimurasan.com") based on these Terms.
  2. The Company may suspend a user's access to the website and stop providing goods or services in response to applications, etc., if it is discovered that the user falls under any of the following:
    • (1) The user does not exist.
    • (2) There are falsehoods, errors, or omissions in any part of the entered items.
    • (3) The user has previously failed to make payments to the Company.
    • (4) The user has engaged in nuisance behavior that interferes with other users' use of the website.
    • (5) The user is a member of antisocial forces such as organized crime groups or has a close relationship with them.
    • (6) The user lacks payment capability, is insolvent, has initiated bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, special liquidation, or other bankruptcy procedures, has decided to dissolve, or is in a state of business suspension.
    • (7) The user has previously violated these Terms and has been suspended from using the Service.
    • (8) The user lacks the capacity to perform legal acts effectively.
    • (9) There is a request from a payment service provider to suspend the user's use of the Service.
    • (10) The user is subject to suspension measures of payment or collection agency services by payment service providers.
    • (11) The user violates these Terms and other regulations set by the Company.
    • (12) The Company deems the user's use of the website inappropriate for other reasons.
  3. The Company is not liable for any damages incurred by the user or third parties due to the user's inability to use the services in accordance with the provisions of the preceding paragraph.

Article 2: Membership Registration & Changes to Registered Information

  1. Users can register as members on this website by registering information such as name, address, telephone number, email address, etc., designated by the Company, for the purpose of purchasing products from the website or receiving email newsletters.
  2. Those who have completed membership registration can purchase products by entering the registered email address, etc., during subsequent product purchases.
  3. The Company may refuse registration if the applicant for membership registration falls under any of the following:
    • (1) There are falsehoods, errors, or omissions in any part of the registration items.
    • (2) The applicant is a minor, adult ward, person under curatorship, or person under assistance, and has not obtained consent from their legal representative, guardian, curator, or assistant.
    • (3) The Company determines that the applicant is an antisocial force (including organized crime groups, right-wing groups, and other equivalent entities) or is involved or interacting with such forces.
    • (4) The Company determines that the applicant has previously breached a contract with the Company or is related to such a person.
    • (5) The Company deems the registration inappropriate for other reasons.
  4. Members must promptly notify the Company of any changes to the registered items in the manner prescribed by the Company.

Article 3: Withdrawal

If a member wishes to withdraw, they must submit a notice of withdrawal to the Company in the manner prescribed by the Company. Members will lose all rights related to the use of the Service upon withdrawal. If the member has any outstanding debts to the Company at the time of withdrawal, they must immediately pay all such debts to the Company.

Article 4: Management of Password and User ID

  1. Members are responsible for properly managing and storing their passwords and user IDs related to the Service.
  2. Members may not allow third parties to use their password and user ID, nor share, transfer, sell, pledge, or otherwise dispose of them.
  3. If the password and user ID entered by the member for using the Service match those registered, it will be considered as use by the member. The Company is not liable for any damages arising from the theft, unauthorized use, or other circumstances of the password and user ID by anyone other than the member.

Article 5: Delivery

  1. The delivery destination for products in the Service is limited to within Japan and areas designated by the Company as deliverable.
  2. The Company will deliver the products on the designated delivery date. The delivery of products is conducted by the delivery company, so the matters related to delivery are subject to the terms and conditions set by the delivery company.
  3. Users acknowledge that the delivery period and contents of products in the Service are not guaranteed, and may differ from actual conditions due to order contents, input errors, website updates, stock status, transportation reasons, year-end/new year periods, bad weather, the circumstances of the shipping origin or delivery company, or other reasons.
  4. If the user fails to receive the products within 7 days from the arrival of the products due to incorrect delivery address, absence of the user, or the user's refusal to receive the products, the user shall be deemed to have transferred the products to the Company without compensation, and the Company can dispose of the products as necessary.

Article 6: Inability to Deliver

  1. If the delivery of products becomes impossible due to unforeseeable changes in weather, natural disasters, accidental accidents, accidents of partner businesses, stockouts, or other reasons, the Company may, at its discretion, deliver alternative products.
  2. Users acknowledge in advance that if the Company cannot deliver the products, it may, at its discretion, choose not to take the actions described in the preceding paragraph and may cancel the sales contract for the products.
  3. The Company is not liable for any damages incurred by the user due to the actions taken or not taken based on the preceding two paragraphs.

Article 7: Return and Exchange of Products

  1. Users cannot request returns or exchanges of delivered products, except in cases where the products are non-conforming to the contract.
  2. If the delivered products are non-conforming to the contract, users must report to the Company by the day after the products are delivered, in the manner prescribed by the Company.
  3. If the Company recognizes that the products reported based on the preceding paragraph are non-conforming to the contract, it will exchange the products or deliver alternative products in the manner prescribed by the Company. In this case, the Company will bear the shipping costs for the exchange or delivery of alternative products.
  4. The Company is not liable for any deterioration in the quality of products or thawing of frozen products due to long-term storage by the delivery company (including delivery boxes) due to the user's circumstances, and such cases are not considered non-conforming to the contract as described in the second paragraph of this article.

Article 8: Information Provision

Users agree in advance to receive information about products and other information from the Company through email, fax, direct mail, and other means.

Article 9: Confidentiality

Users must not disclose or leak information disclosed by the Company in relation to the use of the Service and designated as confidential, except with the prior written consent of the Company.

Article 10: Prohibited Acts

  1. Users and members must not engage in or risk engaging in any of the following acts when using the Service:
    • (1) Acts that violate laws, ordinances, or public order and morals.
    • (2) Acts that infringe the intellectual property rights (copyrights, trademark rights, design rights, patent rights, etc.), rights of publicity, rights of portrait of the Company, other users of the Service, or other third parties, or unauthorized reproduction of images and text on the website.
    • (3) Acts that discriminate, threaten, defame, or damage the credit or reputation of the Company or other third parties.
    • (4) Acts that disadvantage or harm the Company or other third parties.
    • (5) Acts of impersonating a third party to use the website.
    • (6) Acts of transmitting or providing harmful programs such as computer viruses or recommending such acts.
    • (7) Acts of tampering with or deleting information available on the Company's or other third parties' websites.
    • (8) Acts of unauthorized use of the Company's or other third parties' facilities or causing interference with their operations.
    • (9) Acts of using the website for unlawful purposes.
    • (10) Acts that interfere with the operation of the website or the Company's operations.
    • (11) Acts that promote or suggest criminal acts or crime.
    • (12) Acts that violate these Terms or other regulations established by the Company.
    • (13) Providing benefits to antisocial forces.
    • (14) Using the website for political, promotional, or religious purposes.
    • (15) Other acts that the Company deems inappropriate.
  2. In addition to the preceding paragraph, users and members are prohibited from purchasing products from the Company or sites entrusted with sales for the purpose of resale to third parties or other similar acts. If it is discovered that the user or member has resold or attempted to resell for profit, the Company may refuse future orders from that point onwards, and users and members agree to this in advance. The Company is not responsible for any disputes arising from products purchased from sources other than the Company or sites entrusted with sales.
  3. If the Company suffers any damages due to acts that fall under the items of the first paragraph or the preceding paragraph, the Company can claim compensation for damages incurred from the user.

Article 11: Suspension and Expulsion of Membership

  1. If there are reasons corresponding to any of the following, the Company can suspend the use of the website, change the member's password, temporarily suspend or expel the membership without prior notice or consent from the member:
    • (1) Unauthorized use or allowing unauthorized use of membership registration information (including passwords) or the website.
    • (2) Failure to make payments to the Company.
    • (3) Discovery of falsehoods, errors, or omissions in all or part of the member's registration information.
    • (4) Refusal by the member to specify the payment method for product purchases as directed by the Company after the Company's credit check.
    • (5) Inability to process card payments by the Company for product purchases.
    • (6) Unauthorized use of the card by the member.
    • (7) Purchasing products for the purpose of resale.
    • (8) Non-response to inquiries related to orders by the member.
    • (9) If a seizure, provisional seizure, provisional disposition, forced execution, bankruptcy, or civil rehabilitation petition is filed against or by the member.
    • (10) More than the specified number of password entry errors.
    • (11) Unauthorized use of information provided through the website.
    • (12) No use of the website within a year.
    • (13) Inability to contact the member through the means notified by the member.
    • (14) If the Company determines that there is a risk of the member causing damage to the Company or other third parties.
    • (15) If the member engages in acts that interfere with the Company's business.
    • (16) If the member commits prohibited acts as defined in the previous article.
    • (17) If the member violates any clause of these Terms or other regulations set by the Company.
    • (18) If the Company determines that the member's use of the website is inappropriate for other reasons.
  2. If the member falls under any of the reasons in the preceding paragraph, the member will immediately lose the benefits of the deadline for all debts owed to the Company and must pay all such debts to the Company.
  3. If the Company takes measures according to the first paragraph due to reasons attributable to the member, the Company is not liable for any damages incurred by the member and will not provide any compensation.

Article 12: Disclaimer

  1. The Company fulfills its obligation for product delivery by delivering the products specified by the user to the designated delivery destination.
  2. If the Company has a notification obligation to the user in the Service, it fulfills this obligation by sending notifications to either the user's registered address, telephone number, or email address. The Company is not liable for any damages incurred by the user due to the failure of such notifications to reach the user if the user did not register their address, telephone number, or email address in the manner specified by the Company, except in cases attributable to the Company.
  3. The Company does not guarantee the accuracy, completeness, usefulness, timeliness, appropriateness, certainty, or operability of the content of the website or the information obtained through the website. The Company is not liable for any damages incurred by the user or third parties due to such information.
  4. The Company provides information only about websites or pages linked to this website and has not verified the content of these websites or pages. The Company does not guarantee the content of websites that link to this website or websites linked from this website and is not liable for them. Therefore, the Company is not liable for any damages, losses, or other disadvantages resulting from links to websites linked to this website or any of their locations.
  5. The Company does not make any guarantees regarding the quality or performance of this website and is not liable for any losses or damages (including data loss for any reason) caused or related to the temporary suspension, discontinuation, defects of this website, etc.
  6. The Company does not guarantee that the user will not suffer damages due to harmful programs such as computer viruses when using the website.
  7. The Company is not liable for any damages incurred by the user due to the use of this website.
  8. The Company is not liable for any damages caused by the user to other users or third parties due to the use of the Service or damages caused to the user by third parties due to viewing the Service, as well as disputes between the user and other users or third parties.
  9. The extent of the Company's liability for damages to the user due to reasons attributable to the Company related to the Service is limited to the total amount of fees received by the Company from the user related to the Service and is limited to direct ordinary damages incurred by the user due to the use of the Service (excluding ancillary damages, special damages, lost profits, and other indirect damages, regardless of whether they were foreseeable or foreseeable). However, this does not apply if the damage is due to the intentional or gross negligence of the Company.

Article 13: Interruption and Suspension of the Service

  1. The Company may temporarily interrupt or suspend part or all of the Service without prior notice or consent from the user in the following cases:
    • (1) When performing inspections or other maintenance of the computer system related to the Service.
    • (2) When the operation of the Service becomes impossible due to force majeure such as earthquakes, lightning, fire, floods, power outages, natural disasters, etc.
    • (3) When the Company determines that temporary interruption or suspension of the Service is necessary.
  2. The Company is not liable for any damages incurred by the user due to the temporary interruption or suspension of the Service.

Article 14: Intellectual Property Rights

  1. This website and its constituent elements (trademarks, images, texts, videos, etc.) are protected by intellectual property rights. Therefore, except as explicitly provided in these Terms, the Company does not grant any rights to users other than the right to view the website for personal and private purposes. It is prohibited to use or reproduce the whole or any part of this website or its constituent elements for commercial purposes or otherwise, regardless of the media.
  2. If users wish to use or reproduce them, they must contact the inquiry contact at the end in advance and obtain the Company's permission.

Article 15: Changes and Termination of the Service

  1. The Company may change or discontinue part or all of the Service at any time without prior notice or consent from the user.
  2. The Company is not liable for any damages incurred by the user due to measures taken by the Company based on this article.

Article 16: Changes to the Terms

  1. Based on Article 548-4 of the Civil Code, the Company may change the contents of these Terms at any time without prior consent from the user if the Company deems it necessary.
  2. < li>If the Company changes the contents of these Terms and notifies and makes known the changes to the user, and the user uses the Service after the effective date of the changed Terms specified in the notification, it is deemed that the user has agreed to the changed Terms, and the changed Terms apply.
  3. Notwithstanding the provisions of the preceding two paragraphs, if a change requires the user's consent or prior notification under the law, the Company will obtain the user's consent or make prior notification in the manner prescribed by the Company.

Article 17: Transfer of Contractual Status, Rights, and Obligations

  1. Members cannot transfer, assign, pledge, or otherwise dispose of their status under the contract or rights or obligations based on these Terms to a third party without the prior written consent of the Company.
  2. If the Company transfers the business related to the Service to another company, the Company can transfer the member's status under the contract, rights and obligations based on these Terms, and the member's registration information and other data to the transferee of the business, and the member agrees to such transfer in advance in this paragraph. This paragraph includes not only ordinary business transfers but also any case where the business is transferred, such as company splits.

Article 18: Governing Law and Agreed Jurisdiction

  1. The governing law of these Terms is Japanese law.
  2. In the event of a dispute related to these Terms, the Tokyo District Court shall be the exclusive court of first instance jurisdiction.