Terms of service

Terms of Service

Overview

These Terms of Service ("Terms") set out the terms, conditions, policies and notices governing the online shop ("Service") provided on this website, operated by gugu Sleep Inc. ("we," "us"). Please read these Terms carefully before using the website or Service. By using the Service, you are deemed to have agreed to these Terms.

Article 1: Scope

These Terms apply to all customers using this website and the Service, whether or not registered. We may establish additional rules, conditions, and policies for the Service; these form part of these Terms regardless of their name. Where they conflict with these Terms, these Terms prevail. New features and tools added to the Service are also subject to these Terms.

The Service is provided within Japan and to the countries and regions we designate as available at checkout and in our shipping policy. Orders shipped outside Japan are shipped from Japan on a Delivered Duty Unpaid (DDU) basis: the customer is the importer of record and is responsible for all freight, customs duties, and import taxes (including any goods and services tax or value-added tax) and other local charges, except where we expressly state otherwise at checkout. These charges are also shown clearly before you confirm your order.

Article 2: General provisions

You are responsible for managing your user ID and password, and may not transfer, lend, or share them with any third party. Where a login matches registered credentials, we treat the use as that of the registered customer, and fulfil resulting contracts accordingly without further liability. We accept no liability for damage arising from third-party use of your credentials, except in cases of our intent or gross negligence.

You may not transfer or pledge your contractual position or rights and obligations under these Terms without our prior written consent. You agree to provide current, complete, and accurate information for purchases, and to promptly update account information, including email address, card number and expiry, so we can contact you as needed after transactions. We reserve the right to refuse the Service to anyone, at any time, for any reason. You understand that your information (excluding credit card information) may be transferred unencrypted across networks and modified to meet the technical requirements of connecting networks or devices.

Article 3: Sales contract

A sales contract is formed when you place an order and we notify you of our acceptance. Title transfers to you when we hand the product to the carrier. We may cancel a contract or refuse an order without prior notice where: (1) the customer is found to be a minor; (2) the customer breaches these Terms; (3) delivery cannot be completed due to unknown address or extended absence; (4) order volumes per person, household, or order are unnaturally large (including orders sharing an account, card, billing or shipping address); (5) we determine the order is from a dealer, reseller, or agent; (6) we otherwise determine the relationship of trust with the customer has been damaged. Payment, delivery, cancellation, and return methods are as separately prescribed by us.

Article 4: Accuracy of information

We accept no liability where information on this website is inaccurate, incomplete, or out of date. Website content is provided as general information only; purchases are made at your own judgment. The site may contain historical information. We may change content at any time without notice. We strive to display product colors and images accurately but do not guarantee accuracy on your monitor.

Article 5: Changes to service and prices

Prices may change without notice. We may change or discontinue the Service (or any part or content of it) at any time without notice, and accept no liability to you or any third party for changes, price changes, suspension, or discontinuation.

Article 6: Suspension of service

We may suspend or interrupt all or part of the Service without prior notice where: emergency inspection or maintenance of systems is needed; computers or communication lines stop due to accident; force majeure (earthquake, lightning, fire, storm or flood, power outage, natural disaster) prevents operation; we determine a customer has breached these Terms or transmitted worms, viruses, or destructive code; or we otherwise judge it necessary. We may restrict use or cancel registration without prior notice where a customer: breaches any provision; registered false information; has a payment card suspended; defaults on payment; fails to respond to contact for a fixed period; has not used the Service for a fixed period; or where we otherwise judge use inappropriate. We accept no liability for damage arising from actions under this Article.

Article 7: Third-party links

Content, products, and services available through the Service may include materials from third parties. Third-party links may direct you to websites unaffiliated with us. We are not responsible for examining or evaluating their content or accuracy, do not warrant them, and accept no liability for any harm or damage related to purchases, use, services, resources, content, or other transactions made in connection with third-party websites.

Article 8: Comments, feedback, and submissions

If you send us ideas, suggestions, proposals, plans, or other materials ("Comments"), whether requested or not, online, by email, by post, or otherwise, you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate, and otherwise use them in any medium, and you agree not to assert moral rights against us. We are under no obligation to keep Comments confidential, compensate for them, or respond to them. We may (but are not obliged to) monitor, edit, or remove content we determine to be unlawful, offensive, threatening, defamatory, pornographic, obscene, otherwise objectionable, or in breach of intellectual property rights or these Terms. You agree your Comments will not infringe any third-party right, will not contain inappropriate content, viruses, or malware, and that you will not use false email addresses or impersonate others. You are solely responsible for your Comments and their accuracy; we accept no responsibility for Comments posted by you or third parties.

Article 9: Intellectual property

All trademarks, copyrights, and other intellectual property in all content on this website, including images, illustrations, graphics, video clips, and text, belong to us or our licensors. Nothing transfers or licenses intellectual property to you unless expressly stated. Use of the website and its content is limited to personal, non-commercial purposes; reproduction, download, modification, publication, distribution, transmission, transfer, or creation of derivative works requires our prior written consent.

Article 10: Personal information

Handling of personal information through the Service is governed by our Privacy Policy.

Article 11: Prohibited conduct

In addition to other provisions, you must not: violate laws or public order and morals; engage in or encourage criminal activity; infringe our or others' intellectual property; harass, abuse, insult, harm, defame, slander, denounce, intimidate, or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, nationality, or disability; submit false or misleading information; destroy or interfere with our servers or networks or the operation of the Service; upload or transmit viruses or malicious code; collect or track others' personal information; spam, phish, pharm, defraud, scheme, crawl, or scrape; or act for obscene or immoral purposes. We may terminate your use of the Service for violations.

Article 12: Disclaimer of warranties; limitation of liability

We do not represent or warrant that the Service will be uninterrupted, timely, secure, or free of defects in fact or law, nor that results obtained through it will be accurate or reliable. You agree we may discontinue or suspend all or part of the Service at any time without notice, indefinitely. We (including our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, and licensors) accept no liability for any damage arising to you from the Service, provided that, where the contract between us constitutes a consumer contract under the Consumer Contract Act of Japan, this exemption does not apply; in that case we remain not liable for damage arising from special circumstances (including indirect damage and foreseeable damage) caused by our non-gross negligence or tort. We accept no responsibility for transactions, communications, or disputes between customers or between customers and third parties. All products and services are provided "as is" and "as available," without representations, warranties, or conditions of any kind, express or implied, including merchantability, satisfactory quality, fitness for a particular purpose, durability, title, and non-infringement, unless expressly stated by us.

Article 13: Severability and waiver

If any provision of these Terms is found unlawful, void, or unenforceable, it remains enforceable to the fullest extent permitted by applicable law, the unenforceable portion is deemed severed, and the validity and enforceability of the remaining provisions are unaffected. Our failure to exercise or enforce any right or provision does not constitute a waiver.

Article 14: Termination

Obligations and liabilities incurred before termination survive for all purposes. These Terms remain effective until terminated by you or us. You may terminate at any time by notifying us that you no longer wish to use the Service or website. We may terminate at any time without notice if you fail, or we suspect you have failed, to comply with any term, and you remain liable for all amounts due up to and including the date of termination.

Article 15: Entire agreement

These Terms and the policies posted on this website constitute the entire agreement and understanding between you and us, governing your use and superseding all prior or contemporaneous agreements, communications, and proposals, oral or written (including prior versions of these Terms). Ambiguities are not to be construed against us as the drafting party.

Article 16: Governing law and jurisdiction

These Terms and any separate agreements under which we provide the Service are governed by and construed in accordance with the laws of Japan. The district court with jurisdiction over our head office location shall have non-exclusive jurisdiction in the first instance over any dispute concerning the Service. A consumer may also bring or defend proceedings in the courts of the consumer's country or region of residence, and nothing in these Terms deprives a consumer of the protection of any mandatory law of that country or region.

Article 17: Changes to these Terms

The latest Terms are always available on this website. We reserve the right to update, change, or replace any part of these Terms at our sole discretion by posting updates to this website. It is your responsibility to check periodically; continued use after changes are posted constitutes acceptance.

Article 18: Contact

Questions about these Terms: support@gugu.jp