Terms of Service

Fragile Books is about the use of the official website of Fragile Books operated by EDITHON Co., Ltd. (hereinafter referred to as "EDITHON") and the service (hereinafter referred to as the "service"). Set the terms.

Article 1 Scope of Application and Alterations

1. These Terms of Use apply to EDITHON and Users (defined in Article 3) concerning the provision and use of the Services.
2. EDITHON may alter these Terms of Use without prior approval from Users. Users shall be deemed to have agreed to alterations to these Terms of Use at the time Users first use the Services after the Terms of Use have been altered.

 Article 2 Use of the Services

1. Users shall use the Services in accordance with these Terms of Use and user guides separately established by EDITHON.
2. EDITHON may alter the content of the Services without notifying Users in advance.

 Article 3 User

"Users" means individuals who access, purchase or otherwise use the Services. Users shall be deemed to have agreed to these Terms of Use when they use the Services.

Article 4 Membership registration

1. Member registration for the Services is necessary the first time Users use the Services to purchase EDITHON products. Users should apply to register as members via the membership registration page in accordance with procedures specified by EDITHON.
2. Users should use a credit card in their own name when using a credit card to purchase products.
3. EDITHON shall approve applications by sending a registration confirmation email when approving applications to register as a member as provided for in paragraph 1.
4. Registration applications may not be approved or registration may be revoked if an individual who has applied to register as a member is discovered to have been subject to the cancellation of membership registration due to breaching these Terms of Use or the like, if the application provided by the individual who applied to register as a member includes false information, or if approval of a membership application is otherwise deemed inappropriate by EDITHON 

Article 5 Notification of change

Users should notify EDITHON of any changes to their name, address, telephone number or other details they have notified to EDITHON, in the manner separately specified by EDITHON.

 Article 6 Suspension of Provision of the Services, Cancellation of Membership

EDITHON may suspend provision of the Services or cancel membership registration, without notifying Users in advance in the following situations:

1. when Users are discovered to have had their membership cancelled in the past due to breaching these Terms of Use;
2. when Users delay performance or otherwise fail to perform payment obligations for charges, etc. relating to the Services;
3. when Users commit any of the prohibited acts provided for in Article 7; or
4. when Users otherwise breach these Terms of Use.

 Article 7 Prohibited Acts

Users must not:

1. use false information when applying to register as a member;
2. engage in acts that hinder the operation of the Services, or engage in other acts that are likely to disrupt the Services;
3. unlawfully use a credit card to use the Services;
4. improperly use an email address or password;
5. engage in acts that cause or are likely to cause a nuisance, detriment, loss or damage to other Users, third parties, or EDITHON
6. engage in acts that infringe or are likely to infringe the trademark rights, copyrights, privacy, or other rights of other Users, third parties, or EDITHON
7. engage in acts that violate or are likely to violate public order and morals, or other acts that violate or are likely to violate laws and regulations; or
8. engage in any other acts deemed inappropriate by EDITHON

Article 8 Copyright, etc.

1. Unless otherwise provided for in these Terms of Use, rights including copyrights and other intellectual property rights relating to content on the official Fragile Books website and related social media accounts belong to the legitimate rights holder such as EDITHON or the copyright holder of the relevant content.
2. Except for use within the scope not subject to copyright restrictions, such as private copying by Users permitted under the Copyright Act of Japan, Users may not use any information provided through the Services without obtaining approval in advance from EDITHON and the legitimate rights holder.
3. In the event that the provisions of these Terms of Use are breached and any issues arise with legitimate rights holders or third parties, Users shall resolve such issues at their own responsibility and expense and shall not cause any trouble, loss or damage whatsoever to EDITHON.

Article 9 Membership ID and Password Management

1. Users assume responsibility for managing the membership ID and password they themselves have set.
2. Users must not assign, lend or disclose their membership ID or password to a third party.
3. Users assume responsibility for loss or damage resulting from the inappropriate management, misuse, or use by a third party of their membership ID or password.
4. Users should immediately contact EDITHON if they discover that their membership ID and password is being used unlawfully by a third party.

Article 10 Use of user information

Personal information obtained by EDITHON through the use of the Services is used in accordance with our separately established Privacy Policy, to provide various services to Users including payment services, provision of information, sales management, product development, and trend analysis, and to enhance, etc. our goods and services.
EDITHON shall not disclose or provide User information obtained by EDITHON in connection with the use of the Services to third parties, without the consent of Users or unless permitted in laws and regulations.

Article 11 Product purchase

1. Users may use the Services to purchase products.
2. Users who wish to purchase products should apply to purchase products by the means specified by EDITHON.
3. A purchase agreement shall come into effect between Users and EDITHON upon EDITHON sending Users an email to notify of shipment of purchased products following the application provided for in the preceding paragraph; provided, however, that EDITHON may cancel purchase agreements due to stock availability or other circumstances even after sending the aforementioned email.
4. Users may not cancel purchases after applications to purchase products provided for in paragraph 2 have been accepted.

 Article 12 Termination of Contracts

1. If there is a reason that falls under any of the following items, EDITHON shall be able to cancel part or all of the sales contract for the product.
   --when Users breach these Terms of Use; 
   --when circumstances are discovered that could be considered to compromise Users’ ability to pay;
   --when products are sold out, in short supply, or their sale has been suspended, etc. and products cannot be easily secured; or
   --when unable to deliver products due to the delivery address being unknown, long-term absence or the elapse of the acceptance period due to absence.
2. Notwithstanding the provisions of the preceding paragraph, EDITHON may cancel or terminate a purchase agreement or take other appropriate measures when Users have engaged in dishonest or inappropriate acts in relation to use of the Services.
3. EDITHON shall not be liable to compensate for loss or damage to Users even if a purchase agreement is terminated, etc. in accordance with paragraph 1 or paragraph 2. EDITHON is under no obligation to refund product payments to Users once products have been shipped.

Article 13 Payment

1. The amount to be paid when purchasing products shall be the total of the product purchase price, shipping, handling fees, and consumption tax. Purchase agreements may be terminated or cancelled without notice from EDITHON, at the responsibility of the User, when the total amount has not been paid by the payment due date using the payment method selected when placing an order.
2. Certain payment methods may not be available due to the nature of the products ordered from the Services or the age of Users.
3. When payments are made by credit card or other means provided by a third party, and when any disputes arise between Users and third parties such as credit card companies concerning advanced payments, etc., the parties concerned shall resolve the dispute, and EDITHON shall not be held in any way responsible.

 Article 14 Returning Products, etc.

1. Products may not be returned unless they are damaged during delivery, defective, or returns are otherwise approved by EDITHON.
2. Users shall return products by the method separately stipulated by EDITHON when EDITHON  permits products to be returned.
3. Users shall be liable for the total cost of the order, even when EDITHON has permitted products to be returned, if Users do not return products by the method stipulated by EDITHON and Users cannot be contacted within thirty days of EDITHON contacting Users.
4. Users shall bear reshipping fees if products shipped by EDITHON cannot be delivered to the delivery address specified by Users and are returned to EDITHON. Users should check the whereabouts of products using a package tracking website in order to accept delivery of products without delay.

 Article 15 Management of Information Transmitted by Users

1. Users shall be liable for comments, photographs, and all other information shared on the Services.
2. Users must not engage in the following acts or acts that may lead to such acts when sharing comments, photographs, and any other information on the Services:
   --acts that infringe the copyrights or other rights and interests of EDITHON or a third party;
   --acts that infringe the reputation, credibility, or privacy of EDITHON, other members, or other third parties, or that hinder operations;
   --acts that use the Services for commercial purposes such as advertising and publicity or to solicit participation in specific ideologies or religions, etc.;
   --acts that transmit information that includes content that is wholly or partially false;
   --acts that transmit content that violates the laws of Japan or applicable foreign countries; or any other act deemed inappropriate for the operation of the Services.
3. EDITHON may review the content of comments, photographs, and any other information shared by Users, and EDITHON may remove such content at our discretion, without specific reason, and without informing Users.
4. EDITHON may deny Users access to all or a part of the official Fragile Books website at our discretion, without notifying Users.
5. EDITHON may gratuitously and freely reproduce, quote, distribute or use by any other means, comments, photographs, and any other information shared by Users on the Services, without notifying Users. Users may not assert any rights with respect to such use.

 Article 16 Service of Suspension

EDITHON may suspend provision of the Services in whole or in part without notifying Users in advance in any of the following circumstances, so as to maintain the Services in a good operational state:

1. when necessary for routine system maintenance or emergency maintenance;
2. when operating the system is difficult due to fire, power failures, or interference by third parties; or
3. when suspending the system is otherwise deemed unavoidably necessary by EDITHON.

 Article 17 Other Other Disclaimers

1. EDITHON shall fulfil our obligations when we have obligations to notify Users, by sending notices to email addresses registered by Users in advance or by displaying notices on our official Fragile Books website, and by shipping products to addresses indicated by Users when purchasing products with respect to the delivery of products.
2. Irrespective of the legal grounds for the claim, under no circumstances whatsoever shall EDITHON be liable for any damage, loss, or detriment in connection to the use of the Services or the products sold through the Services, other than that set forth in the preceding Article.
3. Under no circumstances whatsoever shall EDITHON be liable for any loss or damage arising from Users inability to use the Services.
4. EDITHON shall be indemnified by undertaking clerical procedures in accordance with details registered by Users.
5. Irrespective of the legal grounds for the claim, under no circumstances whatsoever shall EDITHON be liable for any damage, loss, or detriment arising in relation to the use of the Services.
6. In the event that Users cause any damage to other Users or third parties as a result of using the Services, Users shall resolve such matter at their own responsibility and expense, and shall not cause any trouble to EDITHON.
7. EDITHON shall be indemnified by verifying the identity of Users by a means specified by EDITHON if Users passwords are changed, etc.

Article 18 Other Matters

1. EDITHON and Users shall, in principle, communicate by email and telephone.
2. If any issues arise in connection to use of the Services than cannot be resolved in accordance with these Terms of Use, EDITHON and Users shall hold discussions in good faith, and work to resolve such issues.
3. The Tokyo District Court shall be the court with jurisdiction in the first instance if the need for litigation arises concerning use of the Services.

Article 19 Overseas delivery

1. Product ownership and burden of risk shall transfer from EDITHON to Users at the time products ordered by Users are shipped by EDITHON Users should check the shipping status of products themselves. Once products have been shipped EDITHON cannot accept changes or cancellations, etc. unless products are defective or wrongly delivered.
2. The time required for delivery depends on the delivery service and customs situation in each country, as well as on other factors such as natural disasters and other accidents. EDITHON cannot make any guarantees concerning delivery times.
3. Charges such as customs duties, value-added tax (VAT), and customs fees may be imposed by governments or local delivery companies depending on the country or region to which products are sent, and Users may be required to pay such charges separately when accepting delivery.
4. We cannot accept requests to return or exchange products, or provide refunds, etc. for products lost or damaged during customs inspections.
5. Users should store all products and packaging in preparation for inspection by the delivery company in the event that Users accept delivery of damaged or defective products. Users should notify EDITHON within one week of accepting delivery of such products.
6. Depending on the country or region, and depending on the delivery method selected by Users, the delivery location may be the local delivery service’s office or custom office, rather than the delivery address. The recipient is responsible for accepting delivery in such cases. Users should contact the local delivery service or customs, quoting the package tracking number, if Users are not contacted by the delivery service or customs at the time products should have arrived.
7. Users should bear all shipping fees when reshipping packages returned to EDITHON. Packages that have been returned shall be reshipped using the delivery service designated by EDITHON, and Users will be charged reshipping fees based on fees specified by the delivery service.
8. No refunds or changes, etc. will be provided once 90 days have passed from the order date, even if refunds or exchanges are permitted in these Terms of Use.

Effective April 1, 2022 EDITHON Co., Ltd.