Heirroom
Terms and Conditions of Use

Terms and Conditions of Use

Article 1 (Application of These Terms and Conditions)

  • These Terms and Conditions for use of Heirroom (hereinafter referred to as the “Terms and Conditions”) shall apply to the use of the entirety of the Service (defined in Article 2) provided by Oriental Coffee Ventures Inc. (hereinafter referred to as “the Company”).
  • Users shall use the Service in accordance with the Terms and Conditions of use, and may not use the Service unless they consent to these Terms and Conditions. On using the Service, the User shall be deemed to have consented to these Terms and Conditions.
  • In addition to these Terms and Conditions, the User must comply with the Service Guide, Etc. (defined in Article 2).

Article 2 (Definitions)

The definitions of terms used in this Agreement are as follows

  • “Purchase Agreement” means the sales contract for the Product between the User and the Company.
  • “The Company Website” means the website operated by the Company (

    https://en.heirroom.coffee,

    https://sg.heirroom.coffee,

    https://ph.heirroom.coffee,

    https://th.heirroom.coffee

    and

    https://tw.heirroom.coffee

    including the domain name after change in the event that the domain name of such website is changed for any reason whatsoever).
  • “Anti-Social Forces” means organized crime groups, members of organized crime groups, associate members of organized crime groups, companies affiliated with organized crime groups, corporate racketeers, racketeers acting under the guise of social movements, etc., racketeers acting under the guise of political movements, etc, crime groups specializing in intellectual crimes, and any other similar groups.
  • “Laws and Ordinances, Etc., Etc.” means laws, ordinances, official notices, guidance, guidelines, and other judicial and administrative regulations.
  • “The Service” means the e-commerce service, provided by the Company, under the domain “heirroom.coffee“ (including the domain after change, if the domain has been changed).
  • “Service Guide, Etc.” means Service Guide, guidelines, manuals, instructions for use, and other information regarding the use of the Service that is notified to Users by the Company or posted on the Company website.
  • The “Product” means the products sold by the Company to Users through the Service.
  • “User” means a person who has consented to these Terms and Conditions and has applied for use of the Service in a manner prescribed by the Company, and from whom the Company has accepted such application.
  • “User Information” means user information as defined in Article 4.

(Registration) In order to use the Service, you must agree to these Terms and Conditions and apply for the use of the Service as prescribed by the Company. The Company may refuse to accept an application for use at its discretion, and shall not be obligated to disclose the reason for refusing to accept an application for use.

Article 3 (User Information)

  • The User shall provide the information specified by the Company at the time of application for use as described in the preceding article (hereinafter referred to as “User Information”). In the event of any change in such information after use of the Service, the User shall promptly notify the Company of such change. The Company shall not be liable for any damages incurred by the User due to the failure to give such notice.
  • The Company's handling of personal information is governed by a separate Privacy Policy ( https://en.heirroom.coffee/privacy The User consents to the handling of personal information by the Company in accordance with the said Privacy Policy.
  • The Company may freely use information obtained by the Company regarding the use of the Service by Users, including User Information, after statistical processing, and the User shall consent to this.
  • If the Company requests the User to provide it with documents or information necessary for the provision of the Service, or take any other action, the User shall promptly comply with the Company’s request. In the event that the Company is unable to provide the Service due to a User’s failure to provide such documents, information, etc., or to take other actions, the Company shall assume no responsibility whatsoever.

Article 4 (Purchase Agreement)

  • A Purchase Agreement is established when the User places an order and the Company accepts the order.
  • Users may not request refunds, exchanges, or cancellations of orders at will.
  • The price of the Product under the Purchase Agreement shall be the amount indicated at the time the order was placed by the User.
  • In the event that the Company has difficulty securing inventory for an order placed by a User under this Article, the Company may cancel the Purchase Agreement for the portion of the entire Purchase Agreement that corresponds to the product for which inventory cannot be secured. The Company will refund to the User the amount corresponding to the cancelled Purchase Agreement within 30 days.

Article 5 (Payment, Etc.)

  • The User shall pay for the Product purchased through the Service by a method separately designated by the Company.
  • In the event that a User delays payment of the payment set forth in the preceding paragraph or any other obligation owed by the User to the Company in connection with this Agreement, the User shall pay to the Company a late fee of 14.6% per year (calculated on a per-diem basis for 365 days), together with the amount originally due.
  • Please refer to our separate refund policy (

    https://en.heirroom.coffee,

    https://sg.heirroom.coffee,

    https://ph.heirroom.coffee,

    https://th.heirroom.coffee

    and

    https://tw.heirroom.coffee

    ) for terms and conditions for refunds of payment.

Article 6 (Delivery)

  • Delivery of the Product shall be deemed complete when the Product is delivered to the address specified by the User at the time of order.

Article 7 (Handling of Returns, Etc.)

  • The User shall pay for the Product purchased through the Service by a method separately designated by the Company.
  • Notwithstanding the provisions of the preceding paragraph, the User may not return or exchange Product that falls under any of the following items
    • Product that has been opened or used.
    • Product that has been damaged etc. by the User
    • Product whose outer packaging is damaged or soiled during shipping, but the contents are undamaged.
    • Other Product that we deem inappropriate for return or exchange for reasonable reasons.

Article 8 (Ownership and Risk-Bearing)

  • Ownership of the Product shall be transferred from the Company to the User when the Product is delivered by the Company in accordance with Article 7.
  • The risk of the Product shall be borne by the Company before delivery and by the User after delivery.

Article 9 (Change to these Terms and Conditions, Etc.)

  • In the event that any of the following items applies, the Company may make changes to these Terms and Conditions (including the matters concerning the Service fee; the same shall apply hereinafter in this Article.) at any time. In this case, the user’s Terms and Conditions of use and other details of this Agreement shall be governed by the revised Terms and Conditions.
    • When the change to these Terms and Conditions is compatible with the general interests of the User
    • WWhen the change to the Terms and Conditions is not contrary to the purpose of this Agreement, and there is a need for such change, and the content of the changed Terms and Conditions of use is appropriate and reasonable
  • In the event of any change to these Terms and Conditions as provided in the preceding paragraph, the Company shall give the User at least 14 days' notification of the revised Terms and Conditions and the effective date of the changes, and the changes shall take effect upon the expiration of the notification period.

Article 10 (Management of IDs and Passwords)

  • Users are responsible for the use and management of the IDs and passwords assigned by the Company. Any use of the Service using such IDs and passwords shall be deemed to be use of the Service by the User, and the User shall consent to this in advance.
  • A User shall not allow a third party to use the ID and password granted to them, and shall not transfer the ID and password to any third party, pledge them as collateral, or otherwise dispose of them in any way.

Article 11. (Prohibited Acts)

When using the Service, Users shall not engage in any of the following acts (including acts that may induce or serve as preparation for such acts).

  • Violation of Laws and Ordinances, Etc. applicable to Users
  • Use of the Service as a means of committing a crime
  • Any act of declaring false or incomplete information when using the Service
  • Communicating or displaying false information on the Service
  • Obtaining information from other Users or third parties beyond the scope necessary for the use of the Service
  • Communicating or displaying personal information beyond the scope necessary for the use of the Service
  • Acts contrary to social norms or public order and morals
  • Communicating or displaying information that a third party may reasonably understand to be offensive
  • Infringing the intellectual property rights or other rights of the Company, other Users, or third parties
  • Posting tools, programs, etc. that destroy or interfere with the functionality of software, hardware, etc. used by the Company, other Users, or third parties
  • Reverse engineering, decompiling, disassembling, or any other similar act in regard to the Service
  • Acts that destroy or interfere with the functions of the Service, the Company's servers, or the Company's network
  • Acts for the purpose of gaining benefit of the Stallholder or a third party through the operation of program features not intended by the Company (including, but not limited to, defects, bugs, and malfunctions), the use of intentionally falsified data, or use of programs not approved by the Company (hereinafter referred to as “Unauthorized Use”)
  • Development, distribution, or use of tools or programs for the purpose of Unauthorized Use, or inducing, soliciting, or assisting a third party to commit such acts, or any act that may lead to such acts
  • Use of the Service for a purpose different from the original purpose of providing the Service
  • Use of the Service using the ID and password of another User
  • Obtaining IDs or passwords for the Service from other Users
  • Providing benefits directly or indirectly to Anti-Social Forces in relation to the Service
  • Damaging the good name or credit of the Company, other Users, or third parties
  • Communicating fraudulent, violent, or threatening expressions
  • Unauthorized reproduction, reprinting, or redistribution of the Service or information on the Service, regardless of whether or not it constitutes a copyrighted work, without the prior written consent of the Company
  • Acts of resale or resale for commercial purposes
  • Any other conduct that the Company reasonably deems inappropriate

Article 12 (Representations and Warranties)

  • The User represents and warrants that the information provided by the User to the Company and the information they communicate or display on the Service, does not contain any of the following.
    • Content that violates or may violate Laws and Ordinances, Etc.
    • Any content that infringes or may infringe on the intellectual property rights or other rights of the Company, other Users, or third parties
    • False or incomplete information
    • Content that offends social norms or public order and morals
    • Content that could reasonably be interpreted as offensive to a third party
    • Content that may affirm, glorify, or promote crime or Anti-Social Forces
    • Content that damages the good name or credit of the Company, other Users, or third parties
    • Other content that the Company reasonably deems inappropriate
  • If the Company suffers any damage as a result of a breach of the representations and warranties in the preceding paragraph, the User shall indemnify the Company for any and all such damages.

Article 13 (Termination and Suspension of the Service)

  • The Company may, at its discretion, terminate the Service by giving prior notice to the User in a manner the Company deems appropriate.
  • The Company may temporarily suspend all or part of the Service without prior notice to the User in the event of any of the following events.
    • For periodic or emergency maintenance related to the Service
    • If the system is overloaded due to excessive access or other unforeseen factors
    • If it becomes necessary in order to ensure the security of the User
    • If telecommunications carrier services are not provided
    • If it is difficult to provide the Service due to force majeure such as computer virus, cyber attack, epidemic, fire, power outage, natural disaster, etc., which cannot be prevented by reasonable countermeasures against computer viruses, etc.
    • Any other cases deemed reasonably necessary by the Company in accordance with the preceding items
  • The Company shall not be held liable for any damages incurred by the Users as a result of the Company's actions under this Article.

Article 14 (Cancellation of Registration, Etc.)

  • The Company reserves the right to cancel the registration of any User for the Service and cancel the Purchase Agreement in whole or in part without notice to the User if any of the following events occur.
    • If a User fails to pay for the Product, commits a prohibited act, or otherwise violates any of the provisions of these Terms and Conditions (including breach of representations and warranties)
    • If it is found out that in the past the User has been suspended from using the Service or other services provided by the Company, or has had their registration cancelled
    • If the Stallholder is subject to seizure, provisional seizure, provisional disposition, tax delinquency disposition, or other disposition by a public authority
    • If a petition for commencement of bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, or special liquidation is filed
    • If the Stallholder has not used the Service for 6 months or longer
    • If a response has not been received 30 days or more after the Company has contacted the Stallholder requesting a response
    • If the Company reasonably deems it inappropriate for the User to use the Service
  • In addition to the provisions of the preceding paragraph, the Company reserves the right to cancel a User's registration by notifying the User at least 14 days prior to the cancellation date.
  • In the event that any of the items in Paragraph 1 apply to a User, the Company may, in lieu of cancelling the User's registration as stipulated in Paragraph 1 and without notice to the User, suspend the User's use of all or part of the Service for a period of time determined by the Company. The User shall consent in advance that the full fee for the Service shall be incurred even during the suspension of the Service.
  • The Company shall not be liable for any damages incurred by the User as a result of the Company's actions under this article.

Article 15 (Withdrawal)

The User may withdraw from the Service by giving notice in accordance with the procedures specified by the Company.

Article 16 (Contents and Specifications)

The Company may change the contents and specifications of the Service (including contents and specifications related to support of the Service) without prior notice, and Users may not object to such changes.

Article 17 (Outsourcing)

The Company may, at the Company's discretion, outsource all or part of the operations related to the Service to a third party or parties.

Article 18 (Intellectual Property Rights and License)

  • Intellectual property rights such as patent rights, copyrights, design rights, utility model rights, and trademark rights related to the Service shall belong to the Company or a third party that holds the rights, and granting a license to use the Service shall not imply granting a license to use intellectual property rights beyond the scope necessary to use the Service.
  • Intellectual property rights for information or information such as text, images, and videos that the User has transmitted or displayed in connection with the Service shall be retained by the User. However, the User shall grant the Company the right to use such information and intellectual property rights only to the extent necessary for the Company to provide and improve the Service.
  • The User may use the Service on a non-exclusive basis only within the scope of the purpose of the Service. The User may not sublicense the use of the Service to any third party.
  • Users shall not reproduce, adapt, publicly transmit, or otherwise use the content or other information distributed through the Service beyond the scope necessary for using the Service.
  • If a User loses eligibility to use the Service due to cancellation of registration or termination of this Agreement, the right to use the Service shall also cease to exist.

Article 19 (Disclaimer)

  • The Service is provided on an “as-is” basis, and each function of the Service is deemed to be available at the time of provision. The Company makes no warranty to the User of any kind regarding the Service, including, but not limited to, its fitness for a particular purpose, its expected functionality, its expected results, its non-defective performance, or the results of its use.
  • If a dispute arises between a User and a third party regarding the Service, the User shall resolve the dispute at the User's own responsibility and expense,and shall not cause any inconvenience to the Company, and shall compensate the Company for any damage incurred by the Company as a result of the dispute.
  • All Users are responsible for backing up their own data at their own expense and responsibility. The Company shall not be liable for any loss or corruption of data arising from the use of the Service, regardless of the reason thereof.
  • All Users shall confirm at their own expense and responsibility that the use of the Service does not violate any Laws or Ordinances, Etc. applicable to Users, as well as any voluntary regulations applicable to Users, and the Company makes no guarantees in this regard and assumes no responsibility whatsoever.
  • The Company does not guarantee the accuracy, timeliness, legality, comprehensiveness, or usefulness of the information on the websites linked to from the links displayed in the Service. The Company shall not be held liable for any damages incurred by the User from such linked websites.
  • The Company shall not be held liable for any damage incurred by the User due to computer virus, cyber attack, epidemic, fire, power outage, natural disaster, or any other force majeure that cannot be prevented by reasonable countermeasures against computer viruses, etc.
  • Even if the Company bears an obligation to compensate a User for damages, such obligation shall be limited to the price of the Product actually received from the user during the past three (3) months from the occurrence of the cause of compensation (up to 10,000 yen if the price has not been paid during the past three (3) months). In no event shall the Company be liable for any other damages (including, but not limited to, lost profits, indirect damages such as lost business opportunities, and damages caused by special circumstances). The preceding paragraphs and other provisions of these Terms and Conditions that exempt the Company from liability are provisions for cases in which the Company is considered to have committed no intentional or negligent act.

Article 20 (Third-Party Services)

  • The Service may be linked to services operated by third parties other than the Company, such as Shopify, but the Company does not guarantee that such linkage shall continue.
  • All Users shall use third-party services at their own risk, and the Company shall not be held liable for any damages incurred by Users as a result of using third-party services
  • Use of third-party services is subject to the terms of use and contracts between the User and the third-party service provider, and Users are responsible for confirming and complying with these terms.

Article 21 (Confidentiality)

  • In relation to this Agreement, the User shall not disclose any information that is expressly declared to be confidential by the Company at the time of disclosure (hereinafter referred to as “Confidential Information”).for any purpose other than the use of the Service, and shall not disclose or divulge the Confidential Information to any third party without the Company's consent.
  • Notwithstanding the provisions of the preceding paragraph, the following information shall not be included in the Confidential Information However, personal information shall be included in confidential information even if it falls under any of the following items.
    • Information that was publicly known at the time of disclosure or when found out
    • Information that became public knowledge after being disclosed or after becoming known to the User for reasons not attributable to the User
    • Information that was already known at the time of disclosure or when found out
    • Information obtained from a third party with legitimate authority
    • Information created or developed, etc., on a basis other than the Confidential Information
  • Notwithstanding the provisions of Paragraph 1, the User may disclose Confidential Information upon order, requirement or demand of a law, court or government agency.

Article 22 (Notification)

  • When the Company notifies Users in relation to the Service, the Company shall do so in a manner the Company deems appropriate, such as by posting notifications on the Service or the Company's website, or by sending emails or documents to the email address or address registered as User Information.
  • Notifications given by the methods specified in the preceding paragraph shall become effective, in the case of the former, at the time the contents of the notification are posted on the Service or on the Company Website, and, in the case of the latter, at the time the Company sends the notice by e-mail or in writing.

Article 23 (Term of Validity)

  • The term of validity of this Agreement shall be determined separately by the Company at the time of application for use in accordance with Article 3.
  • Notwithstanding the provisions of the preceding paragraph, this Agreement shall terminate when a User withdraws from membership, when a User's registration is cancelled, or when the Service is terminated.

Article 24 (Exclusion of Anti-Social Forces)

  • The User represents and warrants that they do not fall under any of the following categories, and pledges not to fall into any of the following categories in the future.
    • The Stallholder itself, its parent company, subsidiaries, affiliates, officers, or important employees are Anti-Social Forces.
    • The Stallholder itself, its parent company, subsidiaries, affiliates, officers, or important employees have socially reprehensible relationships with Anti-Social Forces.
    • Five (5) years have not elapsed since the previous two items ceased to apply.
    • The Stallholder commits any of the following acts or similar acts against the Company through their own actions or by using a third party.
      • Violent demands
      • Unreasonable demands beyond legal responsibility
      • Threatening words or deeds, or using violence, in connection with a transaction
      • Spreading false rumors, using deceptive means or force to damage the Company's credit or obstruct the Company's business
  • If a User violates the preceding paragraph, the Company reserves the right to terminate the User's registration with the Service, and may demand compensation for any and all damages incurred by the Company.
  • The Company shall not be held responsible for any damages incurred by a User as a result of the cancellation of their registration under the preceding paragraph.

Article 25 (Surviving Clauses)

After this Agreement is terminated, the provisions of Article ● shall remain in effect. However, Article ● shall survive for a period of three (3) years after the termination of this Agreement.

Article 26 (Assignment of Rights and Obligations)

  • Except with the prior consent of the Company, Users are prohibited from assigning, succeeding to, pledging as collateral, or otherwise disposing of their rights or obligations under this Agreement, or their status under this Agreement, to any third party.
  • In the event that the Company transfers the business of the Service to a third party, the Company may transfer the status, rights and obligations under this Agreement, as well as all information regarding the User and other Users, to the transferee of this business transfer, and the User shall consent to this in advance.

Article 27 (Severability)

  • If any provision of these Terms and Conditions or part thereof is found to be invalid or unenforceable, such finding shall not affect the remaining portions of these Terms and Conditions, which shall remain valid and enforceable. The Company and the User shall endeavor to ensure that any such invalid or unenforceable provision or portion is given effect in accordance with its intent, and consent to be bound by these Terms and Conditions as amended.
  • If any provision of these Terms and Conditions, or any part thereof, is found to be invalid or unenforceable in relation to a particular User, this shall not affect its validity in relation to other Users.

Article 28 (Governing Law and Jurisdiction)

  • The interpretation and application of these Terms and Conditions shall be governed by the laws of Japan.
  • The Tokyo District Court or the Tokyo Summary Court shall have exclusive jurisdiction as the court of first instance over any and all disputes related to this Agreement.

END

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