Terms of Use

Burton Japan G.K. sets forth the terms of use (these “Terms”) of the site it operates (“Services”).
By using the Services, you will be deemed to have accepted the following conditions.

Chapter 1 General Rules

Article 1 Applicable and Amendments to these Terms

  1. These Terms shall apply to users of the Services (“you” or “User(s)”), which include our company and members (as defined in Article 3).
  2. We may change these Terms without the prior consent of Users, and if we make changes, such changes shall immediately take effect from the time we notify the users of the contents of the changes in a manner that we deem appropriate. In addition, notwithstanding the provisions of the preceding paragraph, by using the Services after changes have been made to these Terms, Users will be deemed to have accepted the revised Terms.

Article 2 Use of the Services

  1. Users shall use the Services in accordance with these Terms as well as rules and other provisions prescribed separate from these Terms by our company.
  2. We may change the content of the Services without the prior consent of Users.

Chapter 2 Membership

Article 3 Members

A “Member” refers to a person who has accepted these Terms, has applied for membership registration in accordance with our procedures, and has been approved us.

Article 4 Membership Registration

  1. Prospective members shall apply for membership registration in accordance with the method specified by our company from the membership registration page of the Services.
  2. Applications made in Section 1 shall be deemed as approved by our company with the registration confirmation email that we send.
  3. We may not approve registration applications if any of the following applies:
    1. It has been found that the prospective member has been subject to a disposition such as cancellation of membership registration due to violations of these Terms in the past or any other reasons;
    2. False information were included in the applicant’s application;
    3. It has been determined by our company that it is inappropriate to approve the registration application.
  4. Membership registration shall be limited to persons with a residential address in Japan.
  5. The usage agreement between our company and a Member under these Terms shall remain in effect between our company and the Member from the date that registration was completed until the date of cancellation of this Member’s registration.
  6. Please note that membership registrant is deemed to have assured our company that he or she is at least 18 years of age or that his or her parent or guardian has consented to the use of the Services and the purchase if the registrant is under 18 years of age.

Article 5 Notification of Changes

In the event of any changes to information submitted to us, such as the Member’s address, name, phone number, and credit card number, the Member shall promptly notify us as instructed by the method prescribed in another document by us.

Article 6 Suspension of Use of the Services, Cancellation of Membership Registration

We may suspend the use of the Services or cancel the membership registration without prior notice to the Member if:

  1. It has been found that the Member has been subject to a disposition such as cancellation of membership registration due to violations of these Terms in the past or any other reasons.
  2. The Member is late or fails to fulfil his/her payment obligations such as those for fees related to the Service.
  3. The Member conducts any behavior set forth in Article 10 (Prohibitions).
  4. The Member violates any other of these Terms.

Article 7 Identification and Password Management

  1. Members are responsible for maintaining the email address and password that they have set on their own.
  2. Members shall not transfer, lend, or disclose their User’s ID and password to any third party.
  3. Members shall be responsible for any damage resulting from insufficient control of their User’s ID and password, use errors, use by a third party, and other causes.
  4. If a Member discovers that his/her user ID and password have been used illegally by a third party, he/she must immediately contact our Company.

Article 8 Use of User Information

We respect the personal information provided by our customers and will handle it in accordance with the privacy policy and the provisions of laws and regulations such as the Personal Information Protection Act. For more details, please see our separately established and posted "Privacy Policy."

Please note that by accepting these Terms, Users are deemed to have consented to provide their personal information to our parent company and group companies located overseas (collectively, “our Overseas Companies”), or to third parties located overseas to which our Overseas Companies entrust business, and to payment processors (including credit card fraud detection operators) mainly located in the Netherlands and the United States when Users pay by credit card.

Chapter 3 Use of the Services

Article 9 Use of the Services

Users may use diverse services provided by the Services. Please note that some services may not be available to non-members.

Article 10 Prohibitions

Users are prohibited from conducting any of the following:

  1. Act of applying for registration with false information to use the Services;
  2. Any act that may inhibit the operation of the Services or otherwise interfere with the Services;
  3. Unauthorized use of credit cards to use the Services;
  4. Unauthorized use of User IDs and passwords;
  5. Any act that may cause inconvenience, disadvantage, or damage to other Users, third parties, or our company, or acts that may cause such a risk;
  6. Any act that may infringe on copyrights, privacy, or other rights of other Users, third parties, or our company, or acts that may cause such a risk;
  7. Any act that may violate public order, morals, laws, and regulations, or acts that may cause such a risk;
  8. Act of using the Services for commercial purposes;
  9. Send emails that may include advertisements and solicitations to other Members without consent, or emails that may be regarded as such, or acts that may prevent other Members from receiving emails, acts which request other Members to forward cascading e-mails, or the act of forwarding cascading emails in response to such requests;
  10. Access other Members' equipment or service facilities without authorization, and interfere with their use or operation, or acts that may cause such a risk;
  11. Unauthorized reproduction or redistribution of the content in our emails and website;
  12. Other acts determined by our company to be inappropriate.

Violation of prohibited acts is not only a breach of etiquette, but also a violation of the provisions of the Criminal Code, the Act on the Prohibition of Unauthorized Computer Access, the Trademark Law, the Copyright Law, and the Civil and Commercial Law, and may result in criminal penalties and civil liability for damages.

Article 11 Copyrights

  1. Users may not use any information provided through the Services outside the limits of copyright, such as personal reproduction, permitted by the Copyright Law, without the consent of the right holder.
  2. In the event that a problem arises due to violations of the provisions of this Article, the User shall resolve such a problem at its own responsibility and expense, and shall not cause any inconvenience or damage to our company.

Chapter 4 Purchase of Products

Article 12 Purchase of Products

  1. Users may use the Services to purchase products or services (“Products”) from our company.
  2. Users who wish to purchase Products shall apply for the purchase of products or use of services in accordance with the method specified by our company.
  3. Upon sending an email to the user accepting the application in the preceding paragraph, the sales contract between the User and our company regarding the Products above shall be deemed effective.
  4. Delivery of products, etc. through the Services is limited to Japan.

Article 13 Termination of Contract

  1. We may terminate the above sales contract if any of the following applies:
    1. The User has violated any of these Terms.
    2. We were informed by the credit card company specified by the User that the User is subject to credit card default.
    3. It has become evident that the User’s ability to pay has been compromised.
    4. The Products went out of stock and cannot be easily delivered.
    5. The Products cannot be delivered due to unknown delivery destination or long-term absence.
  2. Notwithstanding the provisions of the preceding paragraph, in the event of fraud or inappropriate conduct in relation to the use of the Services, we may cancel or terminate the sales contract or take other appropriate measures.

Article 14 Payment

  1. The payment amount will be the total of the product purchase price, including consumption tax, shipping fee, and cash on delivery fee.
  2. The payment for Products purchased through the Services must be made by a credit card in the name of the User or by other methods of payment approved and indicated separately by our company.
  3. If you pay by credit card, you will be subject to the terms and conditions of a separate agreement between you and your card company. In the event of a dispute between the User and the credit card company or other financial institution arises, the parties concerned shall resolve the dispute and our company shall assume no responsibility whatsoever.
  4. Users shall be aware of risks of making online credit card payments, such as the leakage of credit card numbers, for the use of the Services, and shall do so at their own risk.

Article 15 Return of Products

  1. We shall replace or refund any Products found to be damaged during delivery, sent by mistake, or defective by delivery.
    Products will not be exchanged or refunded except for reasons approved by our company.
    Furthermore, returns of such Products, and exchanges of defective Products or cancellations of such Products if they cannot be exchanged, may be executed only if the User notify our company within the specified period of time (within 7 days) after the receipt of the Products.
  2. The User shall return the Products in the preceding paragraph at the User's expense in accordance with the method prescribed separate from this document by us.

Article 16 Rental Terms and Conditions

For terms and conditions regarding rentals, please see “Rental Terms and Conditions”.

Chapter 5 Operation of this Service

Article 17 Management of Information

If we determine that comments or other information posted by Users with their consent to our use can be used, such information may be used on the Services without notice to the user. Furthermore, we may delete such information without prior notice if any of the following applies:

  1. Such information is found to clearly infringe the copyright or other rights of our company or a third party, or to clearly damage the reputation or credibility of our company or a third party;
  2. Our company receives a warning from a third party that such information infringes the copyright or other rights of the third party or damages the reputation or credibility of the third party;
  3. Such comments or information are found to be clearly in violation of the laws and regulations of Japan or other applicable foreign country;
  4. We receive a governmental order to remove such comments or information.

Article 18 Maintenance of the Services

In order to maintain the smooth operation of the Services, we reserve the right to suspend provision of the Services in whole or part without prior notice to Users in any of the following cases:

  1. To perform scheduled and emergency maintenance of the system;
  2. When the system becomes difficult to operate due to fire, power outage, or acts of interference by a third party, etc;
  3. When we determine that the system needs to be suspended due to unavoidable reasons.

Article 19 Other Disclaimers

  1. For any obligations of our company to notify Users, such obligations shall be deemed to be fulfilled by our company sending a notification to the email address registered in advance by the User or by our company delivering the Products to the destination specified by the User at the time of Products purchase.
  2. In no event shall our Company be liable for any damages, losses, disadvantages, etc. related to the use of the Services or products purchased or sold through the Services, regardless of the cause of legal claim, other than those set forth in the preceding article.
  3. We shall not be liable for any damages incurred by the Users as a result of the Users’ being unable to use the Services.
  4. We shall be exempt from liability by processing the administrative work in accordance with the information registered by the User.
  5. In no event shall our Company be liable for any damages, losses, disadvantages, etc. arising in connection with the use of the Services, regardless of the cause of legal claim.
  6. If a User causes damages and other faults to another User or a third party using the Services, such User shall resolve the issue at his/her own responsibility and expense, and shall not cause any inconvenience to our company.
  7. We shall be exempt from liability by verifying the User’s identity using the method prescribed by our Company when making changes to the User’s passwords.
  8. Users are responsible for the costs related to the installation of computers, communication equipment, and other equipment necessary for him or her to use the Services, or other expenses required for the use of the Services, such as telephone charges, Internet service fees and other fees.
  9. The following environment is recommended for Users viewing this website: Safari 8 (iOS) or higher, Chrome 55 (Android) or higher, Safari 9 (Mac) or higher, Chrome 55 (Mac) or higher, Chrome 55 (Windows) or higher, Firefox 50 (Windows) or higher, and Internet Explorer 11 (Windows) or higher and Edge 14 (Windows) or higher. If any problems arise, such as the screen not displaying correctly, due to the use of a browser other than that designated by us, we shall not bear any responsibility nor accept any inquiries regarding such problems.

Article 20 Other

  1. In principle, the method of communication between our company and Users shall be by email.
  2. In the event of any problem with the use of the Services that cannot be resolved by these Terms or our guidance, we and User(s) shall discuss and resolve the problem in good faith between the two parties.
  3. In the event of a dispute between our company and User(s) regarding the use of the Services, the Tokyo District Court shall be the exclusive court of jurisdiction in the first instance.
  4. In the event of a liability for compensation for damages having arisen due to the User’s non-payment of the purchase price or other acts in violation of these Terms, and we engage an attorney to collect this unsettled amount, the User shall also bear the costs for the attorney based on the Legal Fee Rules.

Supplementary provision
These Terms shall apply to all Members beginning September 17, 2021.