Terms of service
This Terms of Use Agreement (hereinafter referred to as the “Agreement”) sets forth the terms and conditions of use of the website “ENSULO” (https://ensulo.jp/, hereinafter referred to as the “Website”) operated by Graphite Inc (hereinafter referred to as the “Our Company”) between the customer (hereinafter referred to as the “Customer”) and the Company. (hereinafter referred to as “the Company”) and the Company. You shall agree to these Terms and Conditions and use the Website in accordance with these Terms and Conditions. If you do not agree to these Terms of Use, you may not use this Website.
Article 1: Application
These Terms of Use shall apply to all relationships between you and the Our Company regarding the use of this Website.
In addition to these Terms of Use, the Company may establish rules for use, privacy policies, instructions, cautions, FAQs, and other statements regarding the terms and conditions of use of the Website (collectively, the “Individual Rules”). These Individual Regulations, regardless of their name, shall constitute a part of these Terms and Conditions.
In the event of any conflict between these Terms and Conditions and the Individual Rules, the provisions of the Individual Rules shall take precedence.
Article 2: Agreement to these Terms and Conditions
In using this Web site, you must agree to and abide by these Terms and Conditions after reviewing the contents of these Terms and Conditions.
By using this Web site, you agree that you have read these Terms and Conditions and agree to be bound by them.
If you are a minor, you must obtain the prior consent of a legal representative such as a person with parental authority before using this website.
Article 3: Purchase of Products
You may purchase products sold by the Company (hereinafter referred to as the “Products”) on the Website.
If you wish to purchase a Product, you must agree to these Terms and Conditions, place an order in accordance with the method specified by the Company, and a purchase agreement for the Product (the “Purchase Agreement”) will be formed upon notification of order confirmation by the Company.
(2) Depending on the Product, the Company may stipulate conditions such as sales period and limitation on the number of Products to be sold.
The method of delivery and cancellation or return of orders under this Purchase Agreement shall be as separately determined by the Company.
(2) The Company may cancel this purchase agreement without prior notice to the customer for any of the following reasons
If the customer violates these Terms and Conditions
(1) If the delivery of the Product is not completed and the Product is returned to us due to an error in the delivery address, refusal of receipt by the customer, prolonged absence of the customer, or other circumstances of the customer
If we deem the order to be for resale or an unauthorized order, such as multiple orders exceeding the limit for the same product number or multiple orders to the same delivery address.
If the customer is an antisocial force or has a close relationship with such a force
(4) When the Company reasonably determines that the relationship of trust between the Company and the customer has been damaged.
Article 4: Payment of the Price of the Product
After the conclusion of the Purchase Agreement, the customer shall pay for the Products in accordance with the method specified by the Company. You shall bear any handling charges related to the payment.
The Company shall deliver the Product after confirming payment by the customer. In the event that the Product is returned to the Company without being delivered due to an error in the delivery address, refusal to receive the Product by the customer, long-term absence of the customer, or other reasons after the Company has completed the shipping procedures for the Product, the Product shall be deemed to be canceled. If you wish to have the product shipped again, please purchase the product again. In such cases, delivery charges may apply even if the product is eligible for free delivery.
The price of this product is subject to change without prior notice to the customer. If the price of the Product is changed, the price at the time the order is completed shall be the price of the Product under the Purchase Agreement.
Article 5: Transfer of Ownership and Assumption of Risk
Ownership of the Product shall be transferred from the Company to the Customer upon completion of delivery of the Product.
Any loss or damage to the Product not attributable to either the Company or the customer shall be borne by the Company if the loss or damage occurred prior to completion of delivery, and by the customer if the damage occurred after completion of delivery.
Article 6: Suspension, Change, Termination, etc. of this Website
The Company may suspend all or part of this Web site without prior notice to the customer in the event that the Company deems it necessary due to maintenance, failure, increased access, accident, disaster, or other circumstances.
The Company may change all or part of the contents of this Web site without prior notice to customers, or terminate the provision of this Web site with a reasonable period of advance notice, if the Company deems it necessary due to laws and regulations, the tax system, economic conditions, social conditions, demand for this Web site, the Company's business environment, or other various reasons. We reserve the right to change all or part of the contents of this Web site without prior notice.
The Company shall not be liable for any damages incurred by you or any third party as a result of actions taken pursuant to this Article, regardless of the reason.
Article 7: Prohibitions
You shall not engage in any of the following acts in connection with this Web site
・Violate these Terms of Use
・Violate any laws or ordinances
・Actions that are detrimental to public order or morals
・Profit sharing or other acts of cooperation with antisocial forces
・Criminal acts, criminal threats, instructions to commit crimes, or other acts that may lead to crimes.
・Actions that infringe on the intellectual property rights, portrait rights, privacy, honor, or other legal or contractual rights or interests of the Company or third parties.
・Any act that unlawfully collects, discloses, or provides personal information, registration information, usage history information, etc. of others.
・Any act of resale, sales, promotion, advertisement, proselytizing, solicitation, or any other act to induce other customers to purchase products, websites, etc., or to join organizations, groups, etc., or to obtain economic benefits in connection with this website in a manner not intended by the Company.
・Harassment, slander, threats, or stalking of other customers.
・Intentionally spreading false information.
・Actions that impersonate the Company, a third party, or a fictitious person.
・Making unreasonable inquiries or demands of the Company.
・Actions that damage the credibility, brand, or image of the Company or this website.
・Actions that illegally collect, disclose, or provide personal information, registration information, usage history information, etc. of others.
・Actions that interfere with the server or network system of this website; actions that use technical means to manipulate this website illegally; actions that transmit computer viruses or other harmful computer programs; and actions that intentionally take advantage of malfunctions in this website.
・Interfering with the operation of this website or the use of this Web site by other customers.
・Actions that may fall under any of the above items, or actions that encourage such actions.
・Any other acts that the Company deems inappropriate.
If the Company deems that a customer's conduct falls under any of the prohibited acts in the preceding paragraph, the Company may take any of the following measures without prior notice to the customer, and the customer shall not object to such measures.
・Immediately terminate the purchase agreement with the customer and refuse the customer's use of the Website.
・Demand an injunction or correction of any conduct by the customer that falls under the prohibitions of the preceding paragraph.
∙ Provision of information to investigative agencies, administrative agencies, courts, victims, or other third parties.
・To take any other measures that the Company deems necessary and appropriate to protect the rights and interests of the Company or any third party.
Article 8: Attribution of Rights
The copyrights and other intellectual property rights to all text, images, video, data, software, etc. (excluding the Images, etc.) provided by the Company on this Web site belong to the Company or third parties who have licensed their use to the Company.
You shall not reproduce, adapt, or publicly transmit the text, images, video, data, software, etc. described in the preceding paragraph, or perform any other act that infringes the Company's rights.
Article 9: Non-warranty and Disclaimer
The Company does not warrant, either expressly or impliedly, that the Website is free from defects or deficiencies (including defects, errors or bugs in safety, reliability, accuracy, completeness, currency, validity, fitness for a particular purpose, security, etc., and infringement of rights) in fact or in law.
In the event that we are liable to you for damages for any reason, whether foreseeable or unforeseeable, our liability shall be limited to direct and ordinary damages actually suffered by you, and we shall not be liable for indirect damages, special damages, or lost profits. The total cumulative amount of damages shall be limited to the total amount of the price of the Product received by the Company from the Customer during the six (6) month period prior to the occurrence of the event giving rise to the liability. However, the limitation of liability in this paragraph shall not apply in the event of intentional or gross negligence on the part of the Company, or in any other cases in which the limitation of liability is not permitted by mandatory laws and regulations.
Article 10: Modification of these Terms and Conditions
The Company reserves the right to change the Terms of Use as necessary. In the event of modification of the Terms of Use, the Company shall implement the appropriate modification procedures according to the content of the modification. In the following cases, you will be deemed to have agreed to the amended Terms and Conditions when the Company notifies you of the contents of the amendment and the effective date thereof by appropriate means.
When it is in the best interest of the customer in general
When the contents of the Terms and Conditions are not inconsistent with the purpose of this Agreement, and when such changes are necessary and appropriate due to laws and regulations, taxation, economic conditions, social conditions, demand for this website, the Company's business environment, and other various circumstances.
Article 11: Handling of Personal Information
The Company shall handle customer information appropriately in accordance with the “ENSULO” Privacy Policy (https://ensulo.jp/policies/privacy-policy). Any false, erroneous, or insufficient shipping address or other information provided by the customer to the Company when using this website may cause disadvantage or damage to the customer. The Company shall not be liable for such disadvantage or damage.
Article 12: Miscellaneous
Communications from the Company to you regarding this Web site shall be made by e-mail to the e-mail address you have provided to the Company, by notice on this site, or by any other method the Company deems appropriate. Communications from the customer to the Company regarding this Web site shall be made in a manner separately designated by the Company.
The invalidity or unenforceability of any provision of these Terms and Conditions for any reason shall not invalidate or render unenforceable any other provision of these Terms and Conditions. If any provision of these Terms and Conditions is held invalid or unenforceable by a court of law, such provision shall be construed as modified to the minimum extent necessary to make it valid and enforceable.
These Terms and Conditions shall be governed by and construed in accordance with the laws of Japan. Any and all disputes between you and the Company with respect to this website shall be subject to the exclusive jurisdiction of the Tokyo District Court as the court of first instance.
Concluded
Established on March 1, 2025