TERMS OF SERVICE

These Terms of Service (the “Terms”) set forth the terms and conditions governing the use of the online shop (the “Website”) operated by PULSE HERTZ (the “Store”).

By accessing or using the Website, including visiting, browsing, or purchasing products through the Website, you are deemed to have agreed to these Terms and any other policies or terms posted on the Website. Please review these Terms and all applicable policies before using the Website.

Article 1. Scope of Application

These Terms apply to all users who visit or browse the Website or use its services, including purchasing products, as well as users who register for an account on the Website (collectively, “Users,” and registered users being referred to as “Members”).

These Terms apply to all matters relating to the use of services provided by the Store through the Website.

Article 2. Changes to These Terms

The Store may, at its discretion and within a reasonable scope, modify all or part of these Terms without obtaining the User’s prior consent, provided that such modification does not conflict with the purpose of the agreement and is intended to be consistent with the interests of Users.

Any revised Terms shall become effective when posted on the Website or otherwise appropriately communicated by the Store, or on any separately specified effective date.

If a User continues to use the services after the revised Terms become effective, the User shall be deemed to have agreed to the revised Terms.

Users are responsible for periodically reviewing the latest version of these Terms.

Article 3. Notices and Information Displayed on the Website

In addition to amendments to these Terms, the Store may notify Users of any matters it deems necessary by posting such information on the Website or by other appropriate means.

Article 4. Users and Use of the Website

The Store may provide Users with information regarding its services, administrative communications relating to the operation of such services, announcements and advertisements regarding new services, and other information by electronic means.

Users are solely responsible for any information they transmit to third parties through the Website. If any damage or dispute arises between a User and a third party in connection with the use of the services, the User shall resolve such matter at their own responsibility and expense and shall not cause any damage or inconvenience to the Store.

If a User is a minor, the User must obtain the consent of their legal representative before purchasing any products. This provision does not limit any statutory rights a minor may have to cancel a contract entered into without the consent of their legal representative.

Article 5. Account Registration and Prohibition of Transfer

Users may register an account through the Shopify system and use the Website as Members.

Users are responsible for managing their own accounts and passwords and may not transfer or lend their accounts to any third party under any circumstances.

The Store may refuse an application for account registration if any of the following applies:

1. The User provides false information.

2. The User engages in conduct that falls under the prohibited activities set forth in these Terms and the Store determines that such conduct may cause inconvenience or harm to other Users.

3. The User has delayed payment for products, repeatedly refused to accept products for an extended period, made unreasonable demands for returns or exchanges, or otherwise engaged in conduct that causes inconvenience.

4. The Store reasonably determines that the User is inappropriate to register as a Member in light of generally accepted social standards or applicable laws and regulations.

Article 6. Personal Information

The Store will appropriately manage personal information entrusted to it by Users in accordance with its separately established Privacy Policy and applicable laws and regulations.

Users agree that their personal information may be handled, to the extent necessary to provide services and process purchases, in accordance with this Article and the Store’s Privacy Policy.

If a User does not agree to this Article or the Privacy Policy, the User may be unable to use all or part of the services, including purchasing products.

Article 7. Prohibited Activities

Users shall not engage in any of the following activities when using the Website:

1. Using information, copyrighted works, or other content provided on the Website for purposes other than personal use; redistributing such content to the public, whether within or outside a network; or infringing upon the copyrights or other intellectual property rights of the Store or any third party.

2. Registering or providing false information through or in connection with the Website.

3. Defaming, slandering, or otherwise damaging the reputation of the Store or any third party.

4. Infringing upon the property, privacy, or other rights or interests of the Store or any third party.

5. Transmitting or uploading harmful computer programs or other harmful materials to the Store or any third party.

6. Engaging in any activity that violates applicable laws or regulations.

7. Publishing information, documents, graphics, or other content that is contrary to public order or morality through the Website.

8. Violating the rules of domestic or international networks when communicating through such networks.

9. Using the Website for unauthorized commercial purposes.

10. Illegally using email addresses, passwords, credit card information, or other personal information.

11. Engaging in harassment, abusive language, insults, defamation, threats, discrimination, or other conduct causing harm to third parties based on gender, sexual orientation, religion, ethnicity, race, age, nationality, disability, or other characteristics.

12. Engaging in any other activity that interferes with the operation of the Website, including excessive access, or any other conduct that the Store reasonably determines to be inappropriate.

If a User causes damage to the Store by violating any of the prohibited activities above, the User shall be responsible for compensating the Store for ordinary and direct damages arising from such conduct.

Article 8. Changes to, Suspension, and Termination of the Website

The Store does not guarantee the completeness, accuracy, reliability, usefulness, or other qualities of the services provided through the Website or of any information obtained by Users through or in connection with the Website.

To the extent permitted by applicable law, the Store shall not be liable for any damages incurred by Users in connection with such matters, except where the Store has acted intentionally or with gross negligence.

The Store may modify the content of the Website or temporarily suspend or discontinue all or part of its services without prior notice to Users.

However, this shall not exclude any liability that the Store is required to bear under applicable law.

The provision of services may be interrupted or delayed due to failures of communication networks, computers, smartphones, other devices or software; unauthorized access by third parties; communication failures; system failures; maintenance; or other circumstances beyond the Store’s reasonable control.

Article 9. Products and Orders

The Store makes reasonable efforts to display product colors and images on the Website as accurately as possible. However, the actual color of a product may appear different depending on the settings of the User’s monitor or device.

Measurements shown in product size charts may vary slightly from the actual product due to the characteristics of the product and the method of measurement.

Products made from natural materials, as well as products that have undergone garment washing, dyeing, finishing, or other treatments, may have individual variations in color, texture, appearance, measurements, and other characteristics. Such variations are inherent to the nature of the products and shall not be considered defects when they fall within the normal range.

The Store reserves the right to limit the sale of products and services to certain individuals or regions, as well as to limit the quantity of products that may be purchased. The Store may exercise such rights at its discretion depending on the circumstances.

Product specifications and prices may be changed without prior notice, and the Store may discontinue the sale of products when necessary. The Store will not provide products or services in regions or under conditions where such provision is prohibited by applicable laws or regulations.

The Store does not guarantee that purchased products, services, or information will fully meet the User’s expectations, or that all errors in the services will be corrected.

When a User completes the order process, the User is deemed to have submitted an offer to purchase the relevant products from the Store. The Store may decline to accept an order depending on inventory availability, payment status, order details, or other circumstances.

If an error is discovered in product prices, inventory quantities, product specifications, or other information displayed on the Website, the Store will promptly correct the relevant information.

If, after an order has been placed, a material error is discovered in the price, inventory quantity, product specifications, or other important information, the Store may cancel the order after notifying the User. If the User has already paid for the relevant products, the Store will promptly issue a refund.

An order shall be considered formally accepted when the Store confirms the order details and sends an order acceptance confirmation, such as an order confirmation email.

The Store does not accept cancellations made at the User’s convenience after an order has been accepted. Users are therefore requested to carefully review their order details before completing the purchase.

If an ordered product becomes unavailable due to delays in inventory updates, system errors, or other circumstances after the order has been accepted, the Store may cancel all or part of the order. If the User has already paid for the relevant products, the Store will promptly issue a refund.

If the Store is unable to accept an order or requests a change or cancellation of an order, the Store will attempt to contact the User using the email address, billing address, or telephone number provided at the time of the order.

If the email address provided by the User is incorrect, or if the User is unable to receive emails from the Store due to spam settings, communication issues, or other circumstances, the Store shall not be responsible for the failure of delivery of such communications unless the failure is attributable to the Store.

Returns and exchanges of products will only be accepted in accordance with the conditions set forth in the Store’s Returns & Exchanges Policy.

Users represent and warrant that products purchased through the Website are intended solely for their personal or household use and are not purchased for commercial resale.

The Store may cancel orders, limit purchase quantities, or take other necessary measures with respect to bulk purchases of the same product, purchases made using multiple accounts, purchases made through automated purchasing systems, or other orders that the Store reasonably determines to be intended for resale.

Article 10. Payment

Payment for products purchased through the Website shall be made using a payment method designated by the Store, including payment by a credit card issued in the User’s own name. Users shall comply with the terms and conditions separately agreed upon with their credit card issuer.

If a dispute arises between a User and a credit card company, payment processor, or other payment service provider regarding payment or other obligations related to the Website, the User shall resolve the matter directly with the relevant provider.

Article 11. Shipping and Delivery

Except where a delay is attributable to the Store, the Store shall not be liable for delays in shipping or delivery.

All delivery times are estimates and are not guaranteed. The Store shall not be liable for delays caused by shipping carriers, customs clearance procedures, weather conditions, traffic conditions, or other circumstances beyond the Store’s reasonable control.

Article 12. Shipping Fees

Except where otherwise provided through promotional campaigns or other special offers, shipping fees for products purchased through the Website shall be borne by the User.

Please confirm the applicable shipping fee displayed during the checkout process.

Article 13. Intellectual Property Rights

All copyrights, trademarks, patents, design rights, and other intellectual property rights relating to images, videos, text, designs, logos, programs, and all other information provided through the services (collectively, “Content”) belong to the Store or the respective legitimate rights holders.

The provision of Content through the services does not constitute an implied license or permission for Users to use such Content for purposes other than using the Website.

Article 14. Returns and Exchanges

Upon receipt of your order, please open the package promptly and check the product against your order and the enclosed delivery note.

If you receive a defective product or an item different from the one you ordered, we will promptly arrange a return or exchange. A defective product refers to an item with an obvious defect attributable to the product itself, or an item that differs from the product specified in the sales contract.

PULSE HERTZ will cover the return shipping costs for returns or exchanges due to a defective product or an item that differs from your order.

Please contact us within 7 days of receiving your order if you discover a defect or receive an incorrect item.

Please note that we may be unable to accept a return or exchange, even if you contact us within 7 days of delivery, if any of the following conditions apply.

RETURNS & EXCHANGES NOT ACCEPTED

1. The product has been soiled, damaged, deformed, or otherwise altered through use or wear after delivery.

2. The condition of the product has been compromised due to intentional or negligent actions by the customer.

3. The return or exchange is requested for the customer's personal reasons, including an unsuitable size, a difference between the actual color and the customer's impression based on the product images, or an incorrect order.

4. Product tags, accessories, or other included items are significantly missing or damaged.

5. Any other circumstance not attributable to PULSE HERTZ.

Products returned to us without prior notification may not be eligible for a return or exchange, regardless of whether the product is in good condition or defective, or whether it has been used or remains unused.

If you wish to request a return or exchange, please contact us in advance before returning the product through our designated inquiry channel.

Article 15. Disclaimer and Limitation of Liability

The information provided through the services is intended for general informational purposes only. The Store makes no representations or warranties regarding the accuracy, completeness, currency, or usefulness of such information.

However, this shall not apply where the Store has acted intentionally or with gross negligence, or to any liability that the Store is required to bear under applicable law.

Unless expressly stated otherwise by the Store, the services and products provided through the services are provided to the extent available from the Store.

The Store does not guarantee that use of the services will be uninterrupted or secure, or that the services will be free from errors or bugs.

To the maximum extent permitted by law, the Store and its affiliates and service providers, including Shopify, shall not be liable for any damages arising from a User’s use of the services or from the use of products purchased through the services, except where the Store or the relevant provider has acted intentionally or with gross negligence.

This limitation shall not apply to the extent prohibited or rendered invalid under the Consumer Contract Act or other applicable laws and regulations.

Article 16. Indemnification

If a dispute arises from or in connection with a User’s use of the Website, violation of these Terms or other applicable rules, or infringement of the rights of a third party, the User shall resolve such dispute at their own responsibility and expense.

If the Store incurs expenses, including attorneys’ fees, or pays damages or other compensation in connection with such dispute, the User shall, to the extent that the dispute is attributable to the User, bear and reimburse the Store for such expenses, damages, and other amounts.

Article 17. Severability

If any provision or part of these Terms is determined to be invalid or unenforceable under applicable law, the remaining provisions of these Terms shall remain in full force and effect.

Article 18. No Waiver

The failure of the Store to exercise or enforce any right under these Terms shall not constitute a waiver of that right.

Article 19. Suspension and Termination of Use

If a User violates any provision of these Terms, or if the Store reasonably determines that the User may violate these Terms, the Store may suspend the provision of services or terminate the User’s account without prior notice.

In such event, the User shall immediately pay any and all outstanding obligations owed to the Store.

Article 20. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Japan.

Unless otherwise provided by applicable law, any dispute arising out of or in connection with these Terms or the services shall be subject to the exclusive jurisdiction of the district court having jurisdiction over the location of the Store as the court of first instance.

Article 21. Contact

For questions or inquiries regarding these Terms, please contact us at:

Email: info@pulsehertz.com