Terms of service

Overview
This website (herein "This Website") is operated by historia Inc. All mentions of "Our Company" through This Website refer to historia Inc. Our Company grants access to This Website and all of its available information, tools, and services to you, the user, upon acceptance of all clauses, conditions, policies, and notices contained herein.

By using Our Company's services provided on This Website (including any and all products, tasks, content, etc.) (herein "Our Services"), users agree to be bound by these terms of service (herein "TOS"; includes any additional terms, guidelines, etc.). The TOS apply to all consumers of This Website, including the user.

Please read the TOS thoroughly before using This Website. By using This Website, users agree to be bound by the TOS. Should you not agree to the TOS, you will be unable to use This Website.

Any new features or tools added to This Website shall also be subject to the TOS. The latest version of the TOS can be found on this page at any time.

Our Company's store is hosted by Shopify Inc. This e-commerce platform provides an online e-commerce platform for Our Company to sell products and services to users.
In the event that using Our Services involves the use of other platform providers, including Shopify Inc. and payment processing agencies, users acknowledge in advance the need to comply with the terms and conditions established by those platform providers.

Section 1 - Online Store Agreement
Minors who access This Website must obtain the consent of a legal representative (such as a person with parental authority) for any and all use of This Website, including the use of paid services such as the purchase of products and services (including consent to the TOS, which includes the provisions of this article).
Users attest that they are of adult age or, if not of adult age, that they have obtained the consent of a legal representative (such as a person with parental authority) to use This Website (including all purchases of goods and services).
Minors may not rescind any legal action regarding This Website in the event that: they use This Website without the consent of their legal representative as set forth in the TOS, despite their obligation to ensure said consent; or in the event that they use This Website by falsely representing their age; or in any other case that may be categorized as using fraudulent means to lead a person to believe that they are of legal capacity.
If a user who was a minor at the time of agreeing to the TOS uses This Website after reaching adult age, that user shall be deemed to have confirmed any and all legal acts related to the use of This Website.

Users may not purchase or use Our Company's products or services for illegal or unauthorized purposes. In addition, use of This Website must not violate the laws that apply to the user's jurisdiction (including, but not limited to, copyright laws).
Users must not transmit worms, viruses, or any other code of a destructive nature.
Should a user violate any part of the TOS, their eligibility to use This Website shall be terminated immediately.

Section 2 - General Conditions
Our Company reserves the right to refuse to provide Our Services to anyone at any time for any reason.
Users understand that their information (excluding credit card information) may be transmitted unencrypted and may involve: a) transmission over various networks; b) modifications to comply with and adapt to the technical requirements of the network or device to which they connect. Credit card information is always encrypted during transmission via our networks.
Without express written permission from Our Company, users agree not to reproduce, copy, duplicate, sell, resell, or exploit any portion of Our Services, uses of Our Services, or contact information on websites provided by Our Services.
Headings used in the TOS are for convenience only and do not limit or otherwise affect the TOS.

Section 3 - Accuracy, Integrity, and Timeliness of Information
Data and other assorted information on This Website are provided for general information purposes only, and users should not rely upon it nor apply it as the sole basis for making decisions without reference to a primary, more accurate, more complete, or more timely source. Reliance on the data on This Website is at the user's own risk.
This Website may contain certain historical information. That historical information may not necessarily be up-to-date and is provided for reference purposes only. Our Company reserves the right to change the content of This Website at any time, but is under no obligation to update any information therein. Users agree that it is their responsibility to check This Website for changes.

Section 4 - Service and Price Changes
Product prices are subject to change without notice.
Our Company reserves the right to change or discontinue Our Services (or any part or content thereof) at any time without notice.

Section 5 - Products and Services (If Applicable)
Our store makes every effort to portray as accurately as possible the colors and images of the products on display. Our Company does not guarantee that the colors rendered by the user's computer monitor will be accurate.
Our Company reserves the right to restrict the sale of our goods or services to any person, geographic area, or jurisdiction. Our Company may exercise this right on a case-by-case basis. Our Company reserves the right to limit the amount of goods or services provided. Our Company reserves the right to discontinue the sale of any product at any time. Any offers of goods or services made on This Website are void where prohibited or restricted.
Our Company does not guarantee that the quality of any goods, services, information, or other materials purchased or obtained by users will meet their expectations or that errors in Our Services will be corrected.

Return/Exchange/Refund Policy

Our Company will accept returns or exchanges only if the type or number of products delivered are different from those ordered, if the product(s) are damaged upon delivery, or if the product(s) are otherwise objectively and obviously non-conforming to the terms of the contract (returns for the user's convenience will not be accepted). However, all of the following conditions must be met:
(1) The external packaging of the product(s) must be unopened.
(2) Application for the return process via the method designated by Our Company must be within 7 days after the arrival of the product(s).
(3) The product(s) must be returned in the condition in which they were delivered via the method designated by Our Company.
・In the event of a return per the preceding clauses after payment has been made by the user, Our Company will exchange or refund the product(s) after confirming that the return meets all of the conditions of the preceding clauses (payment will be refunded if the product(s) cannot be exchanged).

Returns/exchanges/refunds are not permitted in the following cases:
・At the customer's convenience
・If the package has been opened
・If the product(s) are used
・If there are missing parts
・If the designated period of time has elapsed
・If other return conditions have not been met


Section 6 - Unaccepted Orders, Etc.
Our Company reserves the right to refuse or cancel any order from a user, or take any other necessary action, for any of the following reasons (including in cases where it is highly likely), or for any other justifiable reason:
・If any fraudulent or inappropriate act was committed in connection with the use of Our Services
・If the TOS have been violated
・If the terms and conditions stipulated by other platform operators and so forth are violated
・If the terms and conditions of sale and so forth are violated

Our company may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders using the same customer account, the same payment method, and/or the same billing and/or shipping address. Should Our Company change or cancel an order, Our Company may notify the user by contacting them via the email address and/or billing address/phone number they provided when placing the order. Our Company reserves the right, in our sole discretion, to limit or prohibit any order that we believe to be from a distributor, reseller, or vendor.

Users agree to provide current, complete, and accurate purchase and account information for all purchases they make in Our Company's store.

Section 7 - Optional Tools
Our Company may provide users with access to tools on external services that we do not monitor, control, or input.
Users acknowledge and agree that Our Company provides access to such tools on an "as is" and "as available" basis without warranty, representation, or condition of any kind, and without any authorization. Our Company shall not be liable for any liability arising out of or in connection with users' utilization of the optional external service tools.
Any use of optional tools offered through This Website is entirely at the user's own risk and discretion, and users must ensure that they are familiar with and accept the terms and conditions of any such tools offered by the relevant external service provider.
Our Company may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new services and/or features are also subject to the TOS.

Section 8 - External Service Links
Certain content, products, and services available through Our Services may include material from external services.
Links to external services on This Website may take you to websites of external services unrelated to Our Company. Our Company is not responsible for examining or evaluating the content or accuracy of any external service materials or websites, or any other materials, products, or services of external services, and we make no guarantees and assume no liability for such.
Our Company is not responsible for any damages or losses associated with the purchase or use of any goods, services, resources, content, or other transactions made in connection with external services websites. Users should carefully review the policies and practices of outside services to ensure that they understand them before engaging in any transactions. Any complaints, claims, concerns, or questions about the products of an external service should be directed toward that external service.

Section 9 - User Comments, Feedback, and Other Submissions
By sending Our Company certain submissions (such as contest entries) per request or sending creative ideas, suggestions, plans, or other materials (collectively, "Comments") online, by email, by mail, or otherwise without Our Company's request, users agree that Our Company may—at any time and without limitation—edit, copy, publish, distribute, translate, and otherwise use the Comments forwarded to Our Company in any and all media. Our Company is under no obligation to: (1) maintain the confidentiality of Comments; (2) pay for Comments; (3) respond to Comments.
Our Company may, but is not obligated to, monitor, edit, or remove any content determined by Our Company's sole discretion to be illegal, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or in violation of a party's intellectual property or the TOS.
Users agree that their Comments will not violate the rights of any external service, including copyright, trademark, privacy, moral, or other personal or proprietary rights. Users also agree that their Comments will not contain any defamatory, illegal, abusive, or obscene material, or contain computer viruses or other malware that could in any way affect the operation of Our Services or related websites. Users may not use false e-mail addresses, impersonate others, or mislead Our Company or any external service as to the origin of their Comments. Users assume all responsibility for their Comments and their accuracy. Our Company is not responsible for any Comments posted by users or external services.

Section 10 - Personal Information
The handling of user submitted personal information through Our Company's store is governed by our privacy policy, which is set forth separately, in addition to the following provisions: [Link to Privacy Policy]

Our Company will manage and store personal information (name, address, telephone number, and email address) provided by users under a strict management system and will make every effort to protect said personal information so as not to be disclosed or leaked to third parties, except as expressly stipulated.
Our Company may use personal information via transactions based on Our Services for the following purposes:
・Purchasing, selling, and sending products, as well as providing or introducing Our Services and customer service
・Requesting users to provide Our Company with their opinions, etc.
・Responding to inquiries from users
・Providing information on other products and services of Our Company or our business partners, and so forth
・Using for Our Company's marketing, product development, and service improvement

Our Company may create pseudonymized information (information about individuals processed by deleting parts of the descriptions so that said individuals cannot be identified unless it is cross-checked with other information) in accordance with laws and regulations and use it for research purposes or to improve the products and services we provide. When creating pseudonymized information, Our Company will carry out the necessary processing in accordance with the standards set forth in the rules of the Personal Information Protection Commission as necessary to make it impossible to identify a specific individual unless it is cross-checked with other information. In addition, Our Company shall prevent the leakage of information such as processing methods, and appropriately handle customer complaints, etc. Our Company will also not use such information for matching with other information for the purpose of identifying individuals, nor will we provide such information to any third party.

Our Company may create anonymized information (information on individuals obtained by processing personal information so that a specific individual cannot be identified and said personal information cannot be restored) in accordance with laws and regulations and use it for research purposes or to improve the products and services we provide. When creating anonymized processed information, Our Company will take measures to delete information that can identify a specific individual, personal identification codes, codes that link personal information to other information, unique descriptions, etc., and carry out any necessary processing in accordance with the standards set forth by the rules of the Personal Information Protection Commission. In addition, Our Company shall prevent the leakage of information such as processing methods, and appropriately handle customer complaints, etc. Our Company will also not use such information for matching with other information for the purpose of identifying individuals. The items of personal information included in the anonymized processed information will be product and regional information.

Payment procedures are handled by the e-commerce platform Shopify or its designated payment agent, and Our Company does not retain any information required for payment, such as credit card information (credit card number, security code, etc.).

Our Company will appoint a personal information protection manager and establish a management system, as well as establish personal information protection regulations and ensure their implementation.

Our Company will not disclose users' personal information to third parties except in the following cases:
・When sending products to the user, or when outsourcing to a third party other operations necessary to provide Our Services (please note that information necessary to the payment processing agency may be stored and managed)
・With the prior consent of the user
・When permitted by law
・When disclosure is necessary to protect the lives, property, or other rights of Our Company, the user, or a third party

Our Company will strive to prevent unauthorized access to, loss, destruction, falsification, or leakage of personal information by implementing appropriate safety management measures for the personal information we acquire.

Our Company will comply with laws, regulations, national guidelines, and other standards regarding the handling of personal information.

Our Company will ensure that our officials and employees are aware of the importance of protecting personal information and continually improve our personal information protection system and management methods.

Our Company automatically receives and analyzes customer cookie information and usage history information from browsers such as pages visited and usage environment. This information may be used for statistical analysis, in a manner that does not identify individuals, for use in advertising services distributed by our business partners, and for the provision of information.

Our Company will appropriately manage the personal information we obtain and take the utmost care to prevent leakage, loss, or damage, etc. of such information. We will provide internal training for our officials and employees regarding the protection and appropriate handling of personal information, establish internal regulations regarding personal information protection and conduct audits of compliance, implement entrance and exit restrictions in offices, and implement safety management measures such as access control and security measures. In addition, Our Company will determine the retention period for personal information depending on the purpose of use and will dispose of it in an appropriate manner after that period has elapsed.

For inquiries regarding the disclosure, correction, deletion, suspension of use or suspension of provision to third parties, safety management measures, etc., concerning personal information,
please contact us by email at faaast-penguin-store-support@historia.co.jp (please note that we may require additional information for verification purposes).


Section 11 - Errors, Inaccuracies, and Omissions
If information on Our Company's site or Our Services contains typographical errors, inaccuracies, or omissions relating to product descriptions, prices, promotions, offers, product shipping charges, transit times, or listing status, Our Company reserves the right to correct any errors, inaccuracies, or omissions, change or update information, or cancel any order at any time (including after a user's order is submitted) without prior notice.

Section 12 - Prohibited Uses
In addition to the other prohibitions set forth in the TOS, you are also prohibited from using This Website or its content for any of the following purposes: (a) Any illegal purpose; (b) Encouraging others to commit or participate in illegal activities; (c) Violating any international, federal, state, or local regulation, rule, law, or ordinance; (d) Infringing or violating Our Company's intellectual property rights or the intellectual property rights of others; (e) Engaging in harassment, abuse, insults, harm, defamation, libel, slander, threats, or discrimination on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) Transmitting false or misleading information; (g) Uploading or transmitting viruses or other malicious code that affects, or may be used in a manner that affects, the functionality or operation of Our Services, related websites, other websites, or the Internet; (h) Collecting or tracking personal information about others; (i) Spamming, phishing, pharming, phone fraud, web spidering, web crawling, or web scraping; (j) Obscenity or immorality; (k) Interfering with or circumventing the security features of Our Services, related websites, other websites, or the Internet. Our Company reserves the right to terminate a user's access to Our Services or related website if the user engages in any of the prohibited uses.

Section 13 - Warranty Disclaimer, Limitation of Liability
Our Company neither asserts nor guarantees that use of Our Services will be uninterrupted, timely, secure, or error-free.
Our Company does not guarantee that results obtained via the use of Our Services will be accurate or reliable.
Users agree that Our Company may, when required, cancel or indefinitely delete Our Services.
Users expressly agree that the ability or inability to use Our Services is solely their responsibility. Our Services and all products and services provided to users through Our Services are provided "as is" and "as available" for use without assertion, condition, or guarantee of any kind, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement, whether express or implied (unless otherwise expressly stated by Our Company).
In no event shall Our Company or its directors, officials, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors—except where expressly excluded from the TOS, regardless of any contract, tort (including negligence), strict liability, or otherwise—bear responsibility for any injury, loss, claim, or any other manner of direct, indirect, incidental, punitive, special, or consequential damages (including but not limited to lost profits, lost revenues, lost savings opportunities, lost data, replacement costs, or similar damages), nor for any other claims related to use of Our Services or products (including but not limited to errors or omissions in content and losses or damages resulting from use of Our Services or content (or products) posted, transmitted, or otherwise made available through Our Services), whether or not advised of these possibilities in advance.

Section 14 - Indemnification
Users agree to indemnify, defend, and hold harmless Our Company, parent company, subsidiaries, affiliated companies, partners, officials, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorney fees, made by an external service due to or arising out of breach of the TOS or any document incorporated by reference therein, or by violation of any law or the rights of an external service.

Section 15 - Severability
If any provision of the TOS is determined to be illegal, invalid, or unenforceable, such provision shall be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severable from the TOS, and such determination shall not affect the validity and enforceability of any remaining provisions.
In the event that the TOS constitutes a consumer contract under Article 2, Paragraph 3 of the Consumer Contract Act and Our Company is liable for damages based on default or tort, Our Company shall be liable for damages directly and actually incurred by the user up to the amount of the transaction between Our Company and the product in connection with such default or tort, unless Our Company has committed an intentional act or gross negligence. Our Company shall not be liable for damages arising from special circumstances (including cases where the occurrence of such damages was or could have been foreseen).

Section 16 - Termination
The TOS is effective until terminated by either Our Company or the user. Users may terminate the TOS at any time by notifying Our Company that they no longer wish to use Our Services or by discontinuing use of Our Company's sites.
Our Company may terminate this contract at any time without notice if, in our sole discretion, a user fails to comply with any term or provision of the TOS.
Moreover, termination of the TOS shall not mean cancellation or termination of a purchase agreement for goods already concluded.

Section 17 - Entire Agreement
Failure of Our Company to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision.

Section 18 - Governing Law
The TOS and any separate agreements whereby Our Company provides services to users shall be governed by and construed in accordance with the laws of Japan. Any litigation related to This Website, Our Services, or the TOS shall be subject to the exclusive jurisdiction of the Tokyo District Court or the Tokyo Summary Court as the court of first instance.

Section 19 - Modification of the TOS

Should reasonable cause be determined, Our Company may, at our discretion, modify the TOS at any time without obtaining prior consent of the user, provided that such modification does not violate the purpose of the contract and is reasonable in light of the necessity of the modification, reasonableness of the modified content, and other circumstances related to the modification. Unless otherwise specified by Our Company, the modified TOS shall be posted on This Website and shall become effective as of the time specified by Our Company (which shall be at least two weeks after the posting). It is the user's responsibility to check this page regularly for modifications. Use of This Website following the posting of any modifications constitutes acceptance of said modifications.

Section 20 - Contact Information
For questions regarding the TOS, please email faaast-penguin-store-support@historia.co.jp to contact historia Inc.
Our Company's contact information is as follows:
historia Inc. - admin@historia.co.jp
Miyako Gotanda Building Nishikan 8F, 5-6-2 Osaki, Shinagawa-ku, Tokyo