1. GENERAL PROVISIONS
1.1 Scope and AmendmentsThese Terms of Service (the "Terms") govern the use of the website "DAUGHTERS JEWELRY" and all related services (the "Service") operated by Daughters Co., Ltd. (the "Company").These Terms apply to all users of the Service as defined in Clause 3.The Company may modify these Terms at any time without prior consent from users by posting the changes on the website or by notifying users via email or other methods deemed appropriate by the Company.Once the Terms have been modified, either in whole or in part, the amended Terms shall apply to all use of the Service.
1.2 Use of the Service
Users shall use the Service in accordance with all applicable laws, regulations, guidelines, these Terms, and any other policies, privacy policies, or rules separately established by the Company.
2. USERS AND MEMBERS
2.1 Definition of UsersIn these Terms,
a "User" refers to any individual who has accepted all the provisions of these Terms and searches for, browses, or uses the images, text, designs, logos, videos, programs, ideas, information, or other content (collectively, "Content") provided by the Company through the Service, including Members.
2.2 Definition of MembersIn these Terms,
a "Member" refers to any individual who has accepted all the provisions of these Terms, applied for membership registration according to the procedures specified by the Company, and received approval from the Company.
2.3 Membership Registration
Those who wish to register as Members (hereinafter referred to as "Registration Applicants") shall apply for membership registration in accordance with the procedures specified by the Company on the website. Membership registration is free of charge.The membership registration procedure shall be completed when the Company approves the application mentioned in the preceding paragraph. However, the Company may refuse to approve a membership registration application or revoke an approval already given in any of the following cases: (1) When it is discovered that the Registration Applicant has previously had their membership registration deleted or otherwise been penalized for violating any terms of service provided by the Company (including, but not limited to, these Terms) (2) When the Registration Applicant's application contains false information (3) When it is discovered that the Registration Applicant has, without justifiable reason, previously been late in fulfilling payment obligations, unable to receive products for an extended period, refused returns or exchanges, or otherwise failed to fulfill obligations related to any service provided by the Company (4) When it is discovered that the Registration Applicant has previously engaged in any of the prohibited acts specified in Clause 16 (5) When the Company reasonably determines that approving the registration would be inappropriate for the operation and management of the Service
2.4 Changes to Registration
InformationMembers must promptly update their registration information using the method specified by the Company when any part of the information registered with the Company changes. If such changes are not made, the Company's business operations based on the already registered information shall be deemed proper and effective.The Company shall not be liable for any damages incurred due to a User's failure to update their registration information in a timely manner.
2.5 Suspension of Service Use and Deletion of Member RegistrationThe Company may, without prior notice, suspend a Member's use of the Service, delete their membership registration, or take any other measures deemed appropriate by the Company if the Member falls under any of the following categories. The Company shall not be obligated to disclose the reason for taking such measures. Even if a Member's use is suspended or their membership registration is deleted, they shall not be relieved of their payment obligations or other responsibilities under these Terms that have already arisen through the Service: (1) When any of the items in Clause 2.3(2) apply (2) When it is discovered that the Member has previously engaged in any of the prohibited acts specified in Clause 16 (3) When the Member has violated any other terms established by the Company
2.6 Withdrawal Procedure
Members may withdraw from the Service at any time by following the procedure specified by the Company. Members shall lose their membership status at the time the Company receives the withdrawal request from the Member.
2.7 Management of User ID and Password
Members shall be responsible for strictly managing and safeguarding the user ID and password they set during member registration ("User ID, etc.").Members shall not transfer, sell, succeed, lend, disclose, or leak their User ID, etc., to any third party without the prior consent of the Company.Members shall immediately contact the Company if they discover or suspect that their User ID, etc., is being improperly used by a third party.Members shall be responsible for any damages arising from insufficient management of their User ID, etc., errors or oversights in use, unauthorized use by third parties, or similar circumstances, and the Company shall not be liable.
2.8 Handling of Personal Information
The Company recognizes the importance of Users' and Members' personal information and will comply with the "Privacy Act 1988 (Cth)" and the "Australian Privacy Principles," as well as establish and adhere to its own standards that all employees must follow. The Company will appropriately manage personal information entrusted by Users and Members and use it correctly for its intended purposes to meet the expectations and trust that Users and Members place in the Company.The Company will collect and use Users' and Members' personal information for sales promotion purposes such as providing product information, lifestyle information, and various special offers; for sales service tasks such as order processing, payment settlement, reservations, repair and processing, later delivery, shipping, and after-sales service; for marketing activities related to future product planning, product development, and business development; and for credit transaction management. Personal information includes not only the personal information of the Users and Members themselves but also the personal information of their family members and delivery recipients, which is indirectly acquired through the Users and Members.Personal information of Users and Members that the Company obtains in connection with the use of the Service shall be handled in accordance with the "Privacy Policy" separately established by the Company.
2.9 Handling of Cookies and Third-Party
Advertising Distribution Using CookiesThe Company's advertisements may be displayed on various sites on the Internet by third-party distribution companies, including Google.Third-party distribution companies, including Google, may use cookies (technology that temporarily writes data to a user's computer through a web browser and records the date and time of the user's last visit to the site, the number of visits to the site, etc.) to deliver advertisements based on past access information to the website.Members can disable Google's use of cookies by accessing the Google Ads opt-out page. Alternatively, they can disable the use of cookies by third-party distribution companies by accessing the Network Advertising Initiative's opt-out page.Cookies issued by this site are used for the purpose of effective advertisement distribution and are not used for collecting personal information or any other purpose.
3. PURCHASING PRODUCTS
3.1 Purchasing Products
Members may purchase products by using the Service and following the methods specified by the Company.After confirming the delivery destination, order details, etc., entered/registered by the Member in connection with the application in the preceding paragraph, and clicking the button to place an order, a sales contract for the product shall be established between the Member and the Company at the point when an email confirming and accepting the order details reaches the Member from the Company.Notwithstanding the provisions of the preceding paragraph, in the event of fraudulent or inappropriate conduct related to the use of the Service, the Company may cancel, terminate, or take other appropriate measures regarding the sales contract.After the conclusion of the sales contract, the Company will proceed with shipping the product according to the order details. However, shipping of products through the Service is limited to Australia and Asia-Pacific regions. Members agree in advance that there may be delays in delivery depending on the delivery area and shipping conditions.
3.2 Payment Method
The payment amount for products shall be the total purchase price of the products, including GST.Payment for products purchased through the Service shall be limited to payment by credit card in the Member's own name or other payment methods separately specified by the Company (such as direct deposit).When paying by credit card, Members shall comply with the terms separately contracted between the Member and the credit card company. In the event of any dispute between the Member and the credit card company in connection with the use of the credit card, it shall be resolved responsibly between the Member and the credit card company.
3.3 Product Returns, Exchanges, and Order Cancellations
No Returns Policy: Unless required by law under the Australian Consumer Law (ACL), the Company has a strict no-returns policy. Products purchased through the Service are final sale items and cannot be returned or exchanged.The Company will only accept returns in the following cases as required by the ACL: (a) The product is found to be counterfeit (b) The product has a major failure that would have prevented the purchase had the Member known about it (c) A product different from what was ordered has arrived (d) The product was damaged during shippingTo request a return for one of the cases listed in Section 3.3(2), Members must apply by following the procedure specified by the Company. For cases covered by Section 3.3(2)(a) through (d), the Company will bear the cost of return shipping and will either refund the sales price, shipping fee, and handling fee at the time of purchase or exchange the product for a replacement. Please note that even if an exchange is requested, it may not be possible due to product shortages or other reasons.Members who return products must return all returned products purchased to the Company. The Company shall receive such returns by deducting them from the products held by the Member.After the product has been shipped, Members cannot cancel their orders except in cases where the Company is responsible.Regarding repairs, we do not accept them for purchases made either online or at store events. We will provide free repair or replacement only for defects or malfunctions within one month from the order date.
4. DISCLAIMERS AND PROHIBITED ACTS
4.1 Disclaimers
Except in the cases set forth in the preceding clause, the Company shall not be liable for any warranty or burden, including liability for damages, regarding the quality, material, function, performance, compatibility with other products, or other defects of the products sold through the Service, or for any damage, loss, or disadvantage arising therefrom.The Company shall fulfill its obligation to deliver products by shipping them to the delivery destination specified at the time of product purchase and shall be released from such obligation in relation to delivery issues such as unknown delivery destinations.In cases where links from the Service to other websites or resources, or from third-party websites or resources to the Service are provided, the Company shall not be liable for the content, use, or results of such linked websites or resources (including, but not limited to, their legality, validity, accuracy, reliability, safety, timeliness, and completeness). Furthermore, the Company may delete such links without any notice to Members if it reasonably determines that the content of the linked website or resource is illegal or inappropriate for the management and operation of the Service.The Company shall not be liable for any damage, loss, or disadvantage, direct or indirect, suffered by Members in the event that the Service is temporarily suspended, discontinued, or changed in any of the following cases: (1) When natural disasters such as fire, earthquake, flood, lightning, or heavy snow occur (2) When social unrest such as war, civil war, terrorism, riot, or disturbance occurs (3) When the Company does not receive appropriate services from the telephone companies, transport companies, or providers with which it contracts (4) When technical issues arise that the Company cannot address (5) When government or judicial agencies request the suspension or discontinuation of the system based on reasonable grounds (6) When the Company determines that it is otherwise necessary to suspend or discontinue the systemThe Company shall fulfill and be released from its obligations by processing matters in accordance with the Member's registration details.If a Member causes any damage to other Users or third parties through the use of the Service, the Member shall resolve such issues at their own responsibility and expense, and shall not cause any damage, loss, or disadvantage to the Company.The Company shall not be liable for any damage (including mental suffering, financial loss, and all other disadvantages) arising from the use of the Service (including information provision by the Company related to such use), unless there is willful misconduct or gross negligence on the part of the Company.The Company shall not be liable if Members suffer damages due to unauthorized access to data related to the Service, infiltration of computer viruses, or other illegal acts, despite the Company having taken reasonable security measures.Even in cases where the Company bears responsibility, unless there is willful misconduct or gross negligence on the part of the Company, the Company's liability shall be limited to direct and ordinary damages.While the Company strives to display product colors and images as accurately as possible in the store, we cannot guarantee that these colors will be accurately displayed on your computer monitor.
4.2 Prohibited Acts
Users shall not engage in any of the following acts. If the Company or a third party suffers damage due to a violation of this provision, the User shall be responsible for compensating all such damage:Acts that cause or may cause nuisance, disadvantage, or damage to other Users, third parties other than Users, or the CompanyActs that infringe or may infringe upon intellectual property rights such as copyrights, portrait rights, personality rights, privacy rights, or other rights of other Users, third parties other than Users, or the CompanyActs of using the Service for commercial purposes (excluding those pre-approved by the Company)Acts that violate public order and morals, other laws and regulations, or acts that may do soActs of registering information containing false or misleading contentActs of using content obtained through the Service outside the scope of private use by UsersActs of reproducing, selling, publishing, distributing, making public, or similar acts with content obtained through the Service via other Users or third parties other than UsersActs of collecting, accumulating, or storing personal information of other UsersActs of uploading computer viruses, programs, or other content designed to interfere with, destroy, or limit the functionality of computer software, hardware, or communication equipment to the Service, or sending such content by email or other meansActs of excessive product returns or refusal to accept deliveriesOther acts deemed inappropriate by the Company on reasonable grounds, performed for purposes such as damaging or compromising the Company's reputation
4.3 Intellectual Property Rights
The intellectual property rights in the content provided through the Service shall exclusively belong to the Company.Legal measures shall be immediately taken if unauthorized reproduction, unauthorized reprinting, or other unauthorized secondary use of the Service's content, which is prohibited by domestic and foreign copyright laws and other laws and regulations, is discovered, regardless of purpose.If any dispute arises with a third party due to a violation of the provisions of this clause, the User shall resolve such dispute at their own responsibility and expense, and shall not cause any damage, loss, or disadvantage to the Company.
5. SERVICE OPERATIONS
5.1 Service Maintenance
To maintain the operational status of the Service in good condition, the Company may temporarily suspend or discontinue the provision of all or part of the Service without prior notice to Users in any of the following cases: (1) In case of regular maintenance or emergency maintenance of the computer system for providing the Service (hereinafter referred to as the "System") (2) When operation of the System becomes difficult due to natural disasters such as fire, earthquake, flood, lightning, or heavy snow (3) When operation of the System becomes difficult due to social unrest such as war, civil war, terrorism, riot, or disturbance (4) When operation of the System becomes difficult due to System failures, unauthorized access from third parties, computer virus infection, etc. (5) When administrative or judicial agencies request the suspension or discontinuation of the System based on reasonable grounds (6) When the Company determines that it is otherwise necessary to suspend or discontinue the System
5.2 Changes to Service Content
The Company may change or discontinue the content of the Service without obtaining the consent of Users. The Company shall not bear any responsibility to Users if it changes or discontinues the Service content.
5.3 Miscellaneous
Users shall not transfer or provide as security to third parties their status as Users of the Service or the rights and obligations based on such status, except with the prior consent of the Company.If problems arise regarding the use of the Service that cannot be resolved by these Terms or the Company's guidance/response, the Company and Users shall discuss the matter in good faith to resolve it.In the event that litigation becomes necessary regarding the use of the Service, the Federal Court of Australia or the relevant state courts shall have jurisdiction.
6. AUSTRALIAN CONSUMER
LAWNothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred on you by the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010 (Cth) ("ACL") or any other applicable law that cannot be excluded, restricted, or modified by agreement.To the fullest extent permitted by law, our liability for a breach of a non-excludable guarantee under the ACL is limited to, at the Company's option:In the case of goods: replacement of the goods, supply of equivalent goods, repair of the goods, payment of the cost of replacing the goods or of acquiring equivalent goods, or payment of the cost of having the goods repaired; orIn the case of services: supplying the services again or payment of the cost of having the services supplied again.To the fullest extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Service or any content on it, whether express or implied.7. SELLER
INFORMATION
Business Name: Daughters Co., Ltd.
Representative or Person Responsible for Mail Order Sales: Nagisa Hiki
Address: 698-5 Nagashima, Shibata, Niigata 9570223, Japan (International Headquarters)
Phone Number: 0254411770
Email Address: support@daughtersjewelry.com
Sale Price of Products/Service Charges: Prices displayed on the purchase page of each product/service Payment Time: As defined in the Terms of Service
Payment Method: Credit Card Payment / Other methods as specified Product Delivery or Service Provision Time: After confirmation of completion of payment settlement procedure Special Provisions on Returns/Cancellations: Returns are generally not accepted except as required by the Australian Consumer LawThese Terms shall apply to all Users from April 1, 2025.
