利用規約

Terms and Conditions of Use

These Terms and Conditions of Use (hereinafter referred to as the “Terms”) set forth the terms of use for browsing this website, purchasing products from this website, and other related services (collectively, the “Services”) provided on the OPEN BOOK Online Shop operated by Open Book Brewery LLC (hereinafter referred to as the “Company”).
Users must read the entire Terms carefully and agree to them before using the Services.

 

Article 1 (Application)

1. These Terms are intended to define the rights and obligations between the Company and the User with respect to the use of the Services, and shall apply to all relationships between the User and the Company regarding the Services.
   
   
2. Any rules or policies regarding the Services posted by the Company on the website shall constitute a part of these Terms.
   
   
3. In the event of any inconsistency between these Terms and any descriptions of the Services outside these Terms, the provisions of these Terms shall prevail.

Article 2 (Definitions)

The terms used in these Terms shall have the following meanings:

1. “Member Services”: Services related to membership registration provided by the Company on the website, forming part of the Services.
   
2. “Member Service Agreement”: An agreement formed between the User and the Company regarding the use of Member Services.
   
3. “Intellectual Property Rights”: Copyrights (including the rights set forth in Articles 27 and 28 of the Copyright Act of Japan), patent rights, utility model rights, design rights, trademark rights, and all other intellectual property rights (including rights to obtain or apply for registration of such rights).
   
4. “Company”: Refers to Open Book Brewery LLC.
   
5. “Registered User”: A User who has completed membership registration.
   
6. “Services”: Refers to all services provided by the Company via the OPEN BOOK Online Shop, including browsing the site, purchasing products, and Member Services.
   
7. “Website”: Refers to the OPEN BOOK Online Shop operated by the Company (https://openbook.tokyo/).
   
8. “Products”: The products sold by the Company to Users through the Services.
   
9. “Sales Agreement”: A sales agreement entered into between the Company and the User for the purchase of Products under these Terms.
   
10. “User”: Any person who uses the Services provided by the Company.

 

Article 3 (Purchase Agreement)

1. A person who wishes to purchase a product through the Services (hereinafter referred to as the “Applicant”) shall place an order in accordance with the method prescribed by the Company after agreeing to these Terms. Upon placing an order, the Company will send an automatically generated "Order Confirmation" email containing the details of the order. Please note that this email only confirms that the order has been received by the Company and does not constitute acceptance of the order.
   
2. The Company shall notify the Applicant once the order has been accepted and the product has been shipped. At the time the Company sends an email confirming that the product has been shipped, a legally binding purchase agreement (hereinafter referred to as the “Purchase Agreement”) shall be deemed to have been concluded between the Company and the Applicant.
   
3. If the User is a minor, they may only enter into a Purchase Agreement using the Services with the consent of a legal guardian or other statutory agent. If a User who agreed to these Terms while still a minor uses the Services after reaching the age of majority, they shall be deemed to have ratified all legal acts related to the Services.
   
4. Delivery of products via the Services is limited to addresses within Japan.

Article 4 (Payment Method)

1. The sales price of each product is displayed on the respective product page. If there are any changes to the sales price, the price at the time the order is completed shall apply.
   
2. The User shall pay the product price to the Company using a payment method specified by the Company. The amount payable includes the sales price of the product, consumption tax, shipping charges, and any other applicable fees.
   
3. The Company will ship the product within two business days of receiving the order. For domestic deliveries, products are expected to arrive within approximately 1 to 2 days from the shipping date (excluding certain remote areas such as isolated islands).

Article 5 (Delivery of Products)

1. For pre-ordered products, the shipping date will be individually specified for each product.
   
   
2. Even if a specific delivery date and time is requested, please note that delivery may not be completed on the designated date due to unavoidable circumstances such as inclement weather, traffic conditions, unexpected incidents, or high delivery volumes.

Article 6 (Order Cancellations and Returns)

1. Cancellations and returns due to the User’s personal circumstances will not be accepted.
   
   
2. Notwithstanding the preceding paragraph, if the delivered product is different from the one ordered, damaged, or otherwise non-conforming in terms of type, quality, or quantity (hereinafter referred to as “Non-Conformity”), the User may request a return, replacement, or delivery of the missing item only if they contact the Company via the designated inquiry form within three business days of receipt.
   
   
3. Except as provided in the preceding paragraph, the Company shall bear no liability for any Non-Conformity of the product.

Article 7 (Grounds for Refusal of Service Provision)

The Company may, at its discretion, refuse to accept an application for a Purchase Agreement from an applicant if it determines that the applicant falls under, or is likely to fall under, any of the following circumstances. The Company shall not be obligated to disclose the reasons for such refusal.

1. If any of the information provided by the applicant to the Company contains falsehoods, errors, or omissions.
   
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 the Company determines that the applicant is an anti-social force (meaning organized crime groups, members of such groups, right-wing organizations, or other similar entities; the same shall apply hereinafter), or is cooperating or involved in the maintenance, operation, or management of such groups through financial or other means.
   
4. If the Company determines that the applicant has previously violated an agreement with the Company or is related to such a person.
   
5. If the applicant uses another user's registration information.
   
6. If the applicant engages in actions that place excessive load on the network or system related to the Services.
   
7. If the applicant spreads rumors, uses fraudulent or coercive means to damage the reputation or credibility of the Company, the Services, or the Products, or interferes with the Company's operations.
   
8. If the Company otherwise determines that the applicant is unsuitable.

Article 8 (Member Registration)

1. Users who wish to register as members through the Website may apply for use of the member services by agreeing to comply with these Terms and providing the required information (hereinafter referred to as “Registration Information”) in the manner prescribed by the Company.
   
2. The Company shall review the application in accordance with its internal criteria and, if it approves the registration, notify the applicant. The membership registration shall be deemed complete upon the issuance of this notice, and the member service agreement shall be considered concluded.
   
3. If the applicant falls under any of the grounds listed in Article 7, the Company may refuse registration or re-registration. The Company shall not be obligated to disclose the reasons for such refusal.
   
4. Registered users shall manage their password and user ID (email address) under their own responsibility and shall not permit any third party to use, lend, transfer, change ownership of, or sell them. The Company shall not be liable for any damages resulting from inadequate management, incorrect use, or unauthorized use by third parties.
   
5. If there are any changes to the Registration Information, the registered user shall promptly notify the Company using the method prescribed by the Company.
   
6. Registered users may cancel their membership and delete their registration by completing the procedures specified by the Company. Upon cancellation, the user shall immediately forfeit any deferred payment privileges and shall promptly pay all outstanding obligations to the Company.

Article 9 (Prohibited Acts, Suspension of Service Use, etc.)

1. Users shall not, whether by themselves or through third parties, engage in any of the following acts when using the Services:
   (1) Acts that violate laws or public order and morals.
   (2) Criminal acts or acts related to criminal activities.
   (3) Acts that infringe intellectual property rights contained in the Services, including the content thereof.
   (4) Acts that infringe or may infringe the reputation, trust, rights or interests, intellectual property rights, portrait rights, privacy rights, or any other rights of the Company, other users, or third parties.
   (5) Acts that damage or interfere with the functioning of the Company’s servers, networks, or those of other users or third parties.
   (6) Commercial use of information obtained through the Services without prior consent from the Company.
   (7) Acts that may interfere with the operation of the Company’s Services.
   (8) Unauthorized access or attempts thereof.
   (9) Collection or accumulation of personal information related to other users.
   (10) Use of the Services for fraudulent or illegitimate purposes.
   (11) Acts that cause disadvantage, damage, or discomfort to other users or third parties.
   (12) Impersonation of other users.
   (13) Advertising, solicitation, or business activities on the Services without the Company’s prior approval.
   (14) Purchasing products on the Website for resale, redistribution, or other profit-making purposes.
    (15) Providing benefits, directly or indirectly, to anti-social forces in connection with the Services.
   (16) Any other act that the Company deems inappropriate.

2. The Company may, without prior notice or demand, temporarily suspend a user’s access to the Services or cancel their registration as a Registered User if any of the following apply:
   (1) The user has violated any provision of these Terms.
   (2) It is found that the user provided false information during registration.
   (3) The user suspends payment, becomes insolvent, or a petition is filed for bankruptcy, civil rehabilitation, corporate reorganization, special liquidation, or any similar legal proceedings.
   (4) The user has not used the Services for a period exceeding 12 months.
   (5) The user fails to respond to inquiries or other communications from the Company requesting a response for 10 days or more.
   (6) The user falls under any of the categories listed in Article 7.
   (7) The Company otherwise deems, based on reasonable grounds, that continued use of the Services or registration is inappropriate.

3. If any of the conditions listed in the preceding paragraph apply, the user shall automatically forfeit the benefit of time for all outstanding debts owed to the Company and shall immediately settle all such obligations.

 

Article 10 (Changes, Suspension, or Termination of the Services)

1. The Company may, at its discretion, change the content of the Services or terminate their provision.
   
   
2. The Company may suspend or interrupt all or part of the Services without prior notice to the User in any of the following circumstances:
    (1) When urgent maintenance or inspection of the systems related to the Services is required.
   (2) When the operation of the Services becomes impossible due to failure of computers or communication lines, operational errors, excessive access, unauthorized access, hacking, or similar events.
   (3) When the Services cannot be provided due to force majeure such as earthquakes, lightning, fire, storms, floods, power outages, natural disasters, epidemics, or other unavoidable causes.
   (4) In any other cases where the Company deems it necessary to suspend or discontinue the Services.
   
3. The Company shall not be liable for any damages incurred by the User or any third party as a result of changes to, termination, suspension, or interruption of the Services under this Article.
4. If the Company decides to terminate the provision of the Services, it shall notify registered users in advance.

Article 11 (Disclaimer of Warranties and Limitation of Liability)

1. The Company makes no express or implied warranties that the Services or Products are free from factual or legal defects or non-conformities (including defects, errors, or bugs in terms of safety, reliability, accuracy, completeness, validity, fitness for a particular purpose, or security, as well as infringement of rights).
   
2. Product images shown on the Website may differ slightly in color, size, or other aspects from the actual products due to display settings or photographic techniques.
3. The Company shall not be held responsible for any transactions, communications, or disputes that arise between Users or between a User and a third party in connection with the Services.
   
4. The Company’s liability for damages or losses suffered by a User in relation to the Services shall be limited to the total amount of fees paid by the User to the Company in the past 12 months. The Company shall not be liable for any incidental, indirect, special, future, or consequential damages, including lost profits.
   
5. If the Consumer Contract Act of Japan applies to the relationship between the User and the Company, the limitations set forth in the preceding paragraph shall apply only to damages or losses arising from the Company's slight negligence. However, if damages or losses are caused by the Company's intentional misconduct or gross negligence, the Company shall be liable to compensate the User to the extent such damages or losses are reasonably foreseeable.

Article 12 (Intellectual Property Rights)

All intellectual property rights related to the Site and the Services belong to the Company or to third parties who have granted licenses to the Company. The license to use the Services granted under these Terms does not constitute a license to use the intellectual property rights of the Company or such third parties with respect to the Site or the Services.

Article 13 (Handling of Personal Information)

The handling and management of Users’ personal information by the Company shall be governed by the Company’s separately established Privacy Policy, and Users shall be deemed to have agreed to the Company’s handling of their information in accordance with said Privacy Policy.

Article 14 (Amendments to the Terms)

The Company may revise these Terms if it deems such revision necessary. In the event of any changes to these Terms, the Company shall notify Users of the revised Terms and their effective date by posting them on the Site or through other appropriate means.

Article 15 (Communications and Notifications)

1. Any inquiries, communications, or notifications from Users to the Company regarding the Services, as well as any notifications or communications from the Company to Users—including those concerning changes to these Terms—shall be made in the manner prescribed by the Company.
   
   
2. If the Company sends a message to the email address or other contact information included in the User’s registration information or otherwise provided to the Company, the User shall be deemed to have received such communication.

Article 16 (Severability)

Even if any provision or part of a provision of these Terms is held to be invalid or unenforceable under the Consumer Contract Act or any other applicable laws or regulations, the remaining provisions, as well as the remainder of the provision deemed invalid or unenforceable in part, shall remain in full force and effect.

 

Article 17 (Governing Law and Jurisdiction)

1. These Terms, the Member Service Agreement, the Purchase Agreement, and any other agreements established between the Company and the User pursuant to these Terms shall be governed by the laws of Japan.
   
   
2. Any disputes arising out of or in connection with these Terms, the Member Service Agreement, the Purchase Agreement, or any other agreements established between the Company and the User pursuant to these Terms shall be subject to the exclusive jurisdiction of the Tokyo District Court as the court of first instance.

Article 18 (Surviving Provisions)

Notwithstanding the reason for termination, the provisions of Article 6.4, Article 8.6, Article 9.3, Article 10.3, Article 11, Article 12, Article 13, Article 15, Article 16, Article 17, and this Article, as well as any other provisions that are reasonably deemed to survive the termination of the Member Service Agreement, the Purchase Agreement, or any other agreement between the Company and the User, shall remain in full force and effect even after termination.

[Enacted: February 5, 2025]