Terms of service

Terms of Use

These Terms of Use apply to your use of this website and your purchase of products from Refst. Please be sure to read the entire text of these Terms of Use and agree to them before using the Website.

Article 1 (Definitions)

The following terms used in these Terms of Use shall have the meanings set forth below:

"Website" means the website (domain name https://refst.jp/) operated by Refst.
"Services" means any and all services provided by Refst through the Website. The Website also includes Refst's mobile site. This term shall apply even if there is a change in the name of the Service.
"User" means any user of the Service.
"Trademark" means any trademark, logo, or trade name of Refst.
"Refst" refers to the trade name of the sole proprietor, Subaru Shintani.
"Re-registrant" means a previously registered user who lost their membership status due to withdrawal as stipulated in Article 5 or suspension or expulsion as stipulated in Article 16, and then re-registers as a member. Please note that Refst may, at its reasonable discretion, deny re-registration.

Article 2 (Use of the Website)

To use this Website, you must have the necessary environment to access the Internet. The Website is compatible with the latest versions of the following browsers:

Microsoft Edge
Google Chrome (desktop and mobile versions)
Safari
Mobile Safari

Article 3 (User Eligibility)

Users may use the Service on the Website in accordance with these Terms of Use.
Refst may suspend a User's use of this Website or may suspend the delivery of products if it is found that the User falls under any of the following categories:
1. If the user does not exist.
2. When all or part of the input information is false, erroneous, or omitted.
3. In the event that the User has previously failed to make payment to Refst.
4. If the User engages in behavior that disrupts the use of the Website by other Users.
5. If the User violates these Terms of Use or any other terms and conditions set forth by Refst.
6. In any other case that Refst reasonably determines to be inappropriate based on reasonable grounds.
Refst shall not be liable for any damage incurred by the User or any third party due to the User's inability to use the Service in accordance with the preceding paragraph.

Article 4 (Membership Registration and Change of Registered Information)

A User may register as a member on the Website by providing their name, address, telephone number, email address, and other information specified by Refst for the purpose of purchasing products from the Website or receiving email newsletters.
A person who has completed membership registration may purchase products by entering the registered email address and other information during subsequent product purchases.
Refst may deny registration if any of the following circumstances apply to an applicant:
1. If all or part of the registration information is false, erroneous, or omitted.
2. If the applicant is a minor, an adult ward, a person under curatorship, or a person under assistance, and has not obtained the consent of a legal representative, guardian, curator, or assistant.
3. If Refst determines that the applicant is an anti-social force (meaning a crime syndicate, a crime syndicate member, a right-wing organization, an anti-social force, or any other equivalent entity), or is involved with such forces through funding or other means.
4. If Refst determines that the applicant has violated a contract with Refst in the past or is related to such a person.
5. If Refst reasonably determines that the registration is inappropriate based on reasonable grounds.
If there is any change in the registered information, the Member shall promptly notify Refst of such change in the manner prescribed by Refst.

Article 5 (Withdrawal from Membership)

If a member wishes to withdraw from membership, they shall notify Refst of such withdrawal in the manner specified by Refst. Re-registered members are not eligible for the various privileges available to new members.

Article 6 (Management of Password and User ID)

Members are responsible for the appropriate management and storage of their passwords and user IDs for the Service.
Members may not allow third parties to use their password or user ID, nor may they share, transfer, sell, trade, or pledge their password or user ID to a third party.
When Refst confirms that the password and user ID entered by a Member match the registered ones, it shall be deemed that the Service has been used by the Member. Refst shall not be liable for any damage caused by theft, misuse, or other circumstances in which a person other than the Member uses the Service.

Article 7 (Delivery)

The delivery destination for the products in the Service is limited to Japan and the delivery areas specified by Refst.
The delivery company shall be responsible for delivering the products to the user, and matters related to delivery shall be handled by the delivery company in accordance with its terms and conditions.
Users shall promptly notify the delivery company of any problems caused by the delivery company (including delivery delays, thawing accidents, and other delivery issues).
The user acknowledges that the delivery date and contents of products in this Service are not guaranteed and may differ from the actual situation due to order timing, website updates, inventory status, the convenience of the shipping source or carrier, or other reasons.
If the user does not receive the product within the time limit specified by Refst due to an error in the shipping address provided by the user, the user's absence, or failure to receive the product, the user shall be deemed to have transferred the product to Refst without charge. Refst shall then be entitled to destroy the product or take other necessary action.

Article 8 (Inability to Deliver)

In the event that Refst or a vendor commissioned by Refst is unable to deliver the products due to unforeseen weather changes, natural disasters, unforeseen accidents, accidents involving affiliated businesses, stock-outs of products, or other reasons, Refst may, at its discretion, deliver substitute products.
The User acknowledges in advance that, in the event that Refst is unable to deliver the product, Refst may, in its reasonable judgment based on rational grounds, take measures such as canceling the purchase agreement for the relevant product instead of delivering substitute products as described in the preceding paragraph.
Refst shall not be liable for any damage incurred by the user as a result of actions taken or not taken based on Refst's reasonable judgment in accordance with the preceding two paragraphs.

Article 9 (Return and Exchange of Products)

The User may not, in principle, request the return or exchange of delivered merchandise, except in the case where the merchandise does not conform to the terms of the contract regarding quality or quantity (referred to as "non-conformity").
In the event that the delivered goods are non-conforming to the contract, the User shall notify Refst of such non-conformity within the day of arrival or the day following the arrival of the goods, in a manner determined by Refst.
If Refst deems that the goods offered in accordance with the preceding paragraph are non-conforming to the contract, Refst shall replace the goods or deliver substitute goods in a manner determined by Refst. In such cases, the User shall bear the shipping costs for the delivery of the replacement or substitute product.
Refst shall not be responsible for any deterioration in the quality of the products caused by the User's long-term storage at a delivery company (including in a delivery box) or thawing of frozen products for the User's convenience. These do not constitute a breach of contract under Paragraph 2 of this Article.
Except for reasons attributable to Refst, Refst shall, as a general rule, charge the price of the goods even if the goods are returned due to long-term absence or refusal to receive them.

Article 10 (Suspension of Shipment and Waiver of Ownership)

Refst will notify the user of the suspension of shipment in the following cases. If the user does not object to the suspension within a certain period specified in the notice, or if the goods are returned to the warehouse, Refst may temporarily suspend shipment. The user agrees to this in advance:
1. When the user is absent for an extended period, or the delivery address is unknown, preventing receipt of the merchandise, resulting in the merchandise being returned to the warehouse.
2. When the user refuses to receive the merchandise (including cases where the merchandise is returned due to the expiration of the storage period at the distribution center), and the merchandise is returned to the warehouse.
In the case of a user who has already paid for the merchandise, if the user does not contact Refst within one week of receiving the notice of suspension of shipment, the user shall be deemed to have relinquished ownership of the merchandise. In such a case, Refst shall not be obligated to refund the payment to the user.
Refst shall not be liable for any damages incurred by the user as a result of the measures taken to temporarily suspend shipments in Paragraph 1 and the relinquishment of ownership in the preceding paragraph.

Article 11 (Responsibility of Users)

In the event that a User causes damage to a third party due to reasons attributable to the User, or if a claim or demand is made by a third party in connection with the use of the Service, the User shall handle and resolve such claims or demands at the User's own responsibility and expense. The same shall apply if a User suffers damages from a third party or files a claim or demand against a third party in connection with the use of the Service.
Users are responsible for managing the expiration date, consumption date, and timing of thawing of products provided by Refst through the Service. Refst shall not be liable for any damages incurred by users due to the management of products, such as the use of products past their expiration or consumption dates. Refst shall not be liable for any loss or damage arising from or related to the management of the goods by the User.
In the event of any trouble with a third party arising out of or in connection with the management of the goods, the User shall settle the matter at their own responsibility and expense. If Refst incurs expenses (including, but not limited to, settlement and attorney's fees) to deal with the matter, the User shall reimburse Refst for such expenses.
If the User violates this Agreement or causes damage to Refst due to willful misconduct or negligence, the User shall compensate Refst for the damage incurred.
In the event of a malfunction related to the management of the goods, Refst may, in its reasonable judgment, recover from the User any equipment and supplies provided or loaned by Refst, as well as the goods. The User shall take all necessary measures to enable such recovery, including granting access to their premises and facilitating internal procedures for the removal of equipment and supplies. If the User fails to take such measures, Refst shall not be obligated to compensate the User for any damage or disadvantage incurred as a result of such failure.

Article 12 (Provision of Information)

Users agree in advance that Refst may provide product information and other information by means of email, direct mail, or other methods.

Article 13 (Confidentiality)

Users shall not disclose or divulge to any third party any confidential information disclosed by Refst to Users in connection with the use of the Service, except with the prior written consent of Refst.

Article 14 (Handling of Personal Information)

Refst may request personal information from users for some services on the Website. The handling of user information, including personal information, shall be governed by the Privacy Policy separately published on Refst's official website (link: https://refst.jp/privacy).
Refst may, at its discretion, use and disclose information and data provided by users to Refst as statistical information in a form that does not identify individuals, and users shall not object to this.

Article 15 (Prohibited Matters)

In using the Service, Users and Members shall not engage in any of the following acts or acts that may lead to any of the following:
1. Acts in violation of laws, regulations, ordinances, or public order and morals.
2. Acts that infringe on the copyrights, trademarks, design rights, patents, or other intellectual property rights, portrait rights, publicity rights, or other rights of Refst, other users of this service, or third parties, including reproducing images or text from this website without permission.
3. Discriminating, threatening, slandering, or defaming Refst or other third parties, or damaging their credibility or reputation.
4. Actions that cause disadvantage or damage to Refst or third parties.
5. Using this Website by impersonating a third party.
6. Transmitting, providing, or recommending harmful programs such as computer viruses.
7. Falsifying or deleting information available on this Website by Refst or other third parties.
8. Unauthorized use of Refst's or third parties' facilities or interfering with their operation.
9. Using this Website for any illegal purpose.
10. Interfering with the operation of this Website or Refst.
11. Encouraging or implying the commission of criminal acts.
12. Violating these Terms of Use or any other terms and conditions stipulated by Refst.
13. Providing benefits to antisocial forces.
14. Using the Website for political, promotional, or religious purposes.
15. Other acts that Refst deems inappropriate based on reasonable grounds.
Users and members are also prohibited from purchasing products on behalf of Refst or sites to which Refst consigns sales for profit, reselling them to third parties, or engaging in similar acts. If it is found that a user or member has violated this prohibition, resold or attempted to resell a product for profit, or is suspected of having a profit-making purpose such as purchasing a large quantity of products or placing orders continuously over a short period, Refst may, at its discretion, refuse to accept further orders from that point on. Users and members agree to this in advance. Refst shall not be responsible for quality assurance, quality control, or any other disputes arising from the resale of products purchased from sites other than Refst or sites to which Refst has consigned sales.
In the event that Refst suffers any damage due to acts falling under each item of Paragraph 1 or the preceding paragraph, Refst may demand compensation from the user for any damage incurred.

Article 16 (Suspension and Expulsion of Members)

Refst may, without prior notice or demand, and without obtaining the consent of the member, temporarily suspend the member's use of the Website, change the member's password, or temporarily suspend or expel the member from membership if any of the following events occur:
1. If a member uses or causes their registration information (including password) or this Website to be used illegally.
2. If a member fails to make payment to Refst.
3. If all or part of the member's registration information is found to be false, erroneous, or incomplete.
4. If a member refuses to pay for a product when Refst specifies a payment method to the member as a result of a credit check.
5. If Refst is unable to make a credit card transaction for the purchase of a product.
6. If a member uses their card fraudulently.
7. If the purchase of a product is for the purpose of resale.
8. If the member does not respond to inquiries regarding the order.
9. If a petition for seizure, provisional seizure, provisional disposition, compulsory execution, bankruptcy, or civil rehabilitation is filed against the member, or if the member files a petition.
10. If there is a password input error more than the number of times specified by Refst.
11. When information provided by this website is used in an unauthorized manner.
12. If the member does not use this website within the period specified by Refst.
13. If a member cannot be contacted by the means notified by the member.
14. If Refst determines that the member poses a risk of causing damage to Refst or any other third party.
15. If a member's conduct constitutes an obstruction of business to Refst.
16. If the member engages in any of the prohibited acts specified in the preceding article.
17. If the member violates any of the provisions of these Terms of Use or any other terms and conditions stipulated by Refst.
18. If Refst reasonably determines, based on rational grounds, that the member is otherwise ineligible to use this website.
In the event of any of the events listed in each item of the preceding paragraph, the User Member shall naturally lose the benefit of time with respect to all debts owed to Refst and shall immediately pay all debts owed to Refst.
Refst shall not be liable for any loss or damage incurred by a User Member if Refst takes any of the measures specified in Paragraph 1 due to any of the events listed in each item of Paragraph 1, and shall not compensate the Member in any way.

Article 17 (Disclaimer)

Refst shall be deemed to have fulfilled its obligation to deliver products by delivering the indicated products to the delivery address provided by the user.
In the event that Refst is obligated to notify a user of a service, Refst shall be deemed to have fulfilled its obligation by sending a notification to the user's registered address, telephone, email address, or to the notification field on the member's My Page. Refst shall not be liable for any damages incurred by the user due to the failure of such notification to reach the user because the user did not register their address, telephone number, or email address in accordance with the method specified by Refst, except in cases where Refst is responsible for such damages.
Refst does not guarantee the accuracy, completeness, usefulness, currency, appropriateness, certainty, operability, or any other aspect of the contents of this website or information obtained by users through this website. Refst shall not be liable for any damages incurred by users or third parties resulting from such information.
Refst has not reviewed the content of any websites or pages linked to or from this website and makes no representations or warranties as to the content of any such websites or pages. Refst does not endorse and is not responsible for the content of any websites or pages linked to or from this website. Therefore, Refst is not responsible for any damages, losses, or other disadvantages that may result from linking to websites or any of the locations linked to this website.

Article 18 (Suspension or Cessation of the Service, etc.)

Refst may temporarily suspend or discontinue all or part of the Service without prior notice or approval if any of the following situations occur:
1. During inspection or other maintenance of the computer system related to the Service.
2. When the operation of the Service becomes impossible due to force majeure events such as earthquakes, lightning, fire, windstorms, floods, power outages, natural disasters, etc.
3. In any other cases where Refst reasonably determines, based on rational grounds, that temporary suspension or termination of the Service is necessary.
Refst shall not be liable for any damage incurred by the User due to the temporary suspension or cessation of the Service.

Article 19 (Intellectual Property Rights)

The Website and its constituent elements (trademarks, images, text, videos, etc.) are protected by Refst's intellectual property rights. Except as expressly provided in these Terms of Use, Refst does not grant you any rights other than the right to view this Website for personal and private purposes only. The use or reproduction of the Website, in whole or in part, or any of its components, in any media, for commercial or other purposes is prohibited.
If you wish to use or reproduce any part of the Website, you must contact Refst for permission beforehand.

Article 20 (Individual Terms)

The Service consists of several individual services, and Refst may publish separate terms of use for each individual service (hereinafter referred to as "Individual Terms") in addition to these Terms of Use. When using certain individual services, the Individual Terms shall apply as part of these Terms of Use. In the event of any conflict between these Terms of Use and the Individual Terms, the Individual Terms shall prevail unless otherwise specified.

Article 21 (Information on this Website)

General Provisions

Although Refst endeavors to provide accurate and up-to-date information, Refst cannot guarantee the accuracy of all data contained on this website, especially when data and information are transmitted over the Internet, which can be technically unreliable. If you notice any errors or omissions in the information, please contact us at the address provided at the end of this document.

Information about Products and Services

Unless otherwise specified, with the exception of the online store, this website is intended to provide information about the types of products and services offered by Refst and is not intended for direct sale.

Hypertext Links

Hypertext links on this website may direct users to websites whose content is controlled by third parties and not by Refst. If such hypertext links are provided on this website to facilitate your Internet navigation, your use of such linked websites is at your own risk.

Cookies

A cookie is a small file that is left on your computer when you use this website (it records the pages you visit, the date and time of your visit, etc.) and can be read when you visit the website again.

Article 22 (Change and Termination of the Service, etc.)

Refst may change or terminate all or part of the Services at any time without prior notice to or approval from the User.
Refst shall not be liable for any damage incurred by the User based on any actions taken by Refst in accordance with this Article, except in cases of willful misconduct or negligence on the part of Refst.

Article 23 (Modification of Terms and Conditions)

Refst may change the contents of these Terms of Use without obtaining prior consent from the User if Refst deems it necessary, in accordance with Article 548-4 of the Civil Code.
In the event that Refst changes the contents of these Terms of Use and notifies the Users of such changes, the Users who use the Service on or after the effective date of the changed Terms of Use specified in the notification (if no date is specified, the effective date shall be the date on which Refst issues the notification) shall be deemed to have agreed to such changes. The revised Terms of Use will then apply to your use of the Service.
Notwithstanding the provisions of the preceding two paragraphs, if any change in the content of the Terms of Service requires the consent of the user or prior notice under laws and regulations, Refst shall obtain the consent of the user or provide prior notice in the manner prescribed by Refst.

Article 24 (Assignment of Status under the Usage Contract, etc.)

A Member may not assign, transfer, pledge as security, or otherwise dispose of their position under the Service Agreement or their rights or obligations under the Service Agreement to any third party without the prior written consent of Refst.
In the event that Refst transfers the business of this Service to another company, Refst may transfer the status under the user agreement, the rights and obligations under the Terms of Service, and the member's registration and other information to the transferee of such business transfer. The member shall be deemed to have agreed in advance to such transfer. The business transfer stipulated in this paragraph shall include not only ordinary business transfers, but also company splits and any other cases in which business is transferred.

Article 25 (Governing Law and Agreed Jurisdiction)

These Terms of Use shall be governed by and construed in accordance with the laws of Japan.
The Tokyo District Court shall have exclusive jurisdiction in the first instance over any and all disputes arising out of or in connection with these Terms of Use and the User Agreement.

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