preamble

Our website (hereinafter referred to as "this website") is operated by FUNNY ELVES. We will provide you with the services provided by our company on this website (hereinafter referred to as "this service") if you agree to these terms of use and all other terms, policies, etc. disclosed by our company (hereinafter referred to as "the terms, etc.").

These Terms apply to all users of this website, including visitors, suppliers, customers, distributors and content providers (hereinafter referred to as "Users"). Please be sure to read these Terms before accessing this website or using the services. By accessing this website or purchasing products from our company, you are deemed to have agreed to these Terms. If you do not agree to the contents of these Terms, please refrain from using this website or the services.

"Member" in these Terms and Conditions refers to a user who agrees to each membership agreement and has registered as a member in accordance with the prescribed procedures. Members may use the member-only website and services.

1. Use of our services

(1) In order for a User to use this Website or this Service, the User must agree to these Terms, etc. If the User uses this Website or this Service, the User is deemed to have agreed to these Terms, etc.

(2) If you are a minor, please use this website and the service only with the consent of your legal guardian, such as a parent or guardian (hereinafter referred to as the "legal guardian"). The use of this website and the service by a user is premised on the user having reached the legal age of adulthood in the country/region in which the user resides or having the consent of a legal guardian.

(3) Users may not use this Website and this Service, or use or copy our products for any illegal or unauthorized purposes.

(4) When using the Service, the User must not violate any laws (including but not limited to copyright laws) of the country/region in which the User is located.

(5) Users shall use this website and this service at their own risk.

2. Creating and Using Your Account

(1) Some functions of this website may not be viewable or available unless you register or create an account. If you wish to use such functions, please create a new account and register true and accurate information required to create the account. After creating your account, please correct your registration information as necessary so that it is up to date. If your registered information is inaccurate, we may suspend or delete your account.

(2) A user who has created an account may delete the account at any time. The right to use some functions of this website that require the registration of an account will be terminated when the account is deleted, regardless of the reason. Please note that an account cannot be restored even if the user accidentally deletes it.

(3) The account belongs exclusively to the user who created it. The right to use some of the functions of this website, which require the registration of an account, cannot be transferred, loaned, otherwise disposed of, or inherited by a third party.

(4) The management and use of IDs and passwords shall be at the user's own risk, and the Company shall not be liable for any errors in use by the user or unauthorized use by a third party. The user's account ID and password may not be transferred, lent, or disclosed to any third party. If the user discovers any unauthorized use of the user's account, the user must notify the Company immediately.

(5) If a User violates these Terms and Conditions or if the Company deems it necessary, the Company may refuse to provide the Service to the User or suspend or delete the User’s account without prior notice.

3. Accuracy, completeness and timeliness of information

(1) The information on this website may contain inaccuracies and may not be complete or timely.

(2) We may update the information on the Website from time to time without prior notice (including after you have placed an order), which may relate to product descriptions, prices, promotions, offers, shipping costs, delivery times and availability.

(3) We may not accept an order from a user even if the order is based on inaccurate information or unupdated information as described in the preceding two paragraphs.

4. Fluctuations in Service and Prices

(1) The services we provide and the prices of our products are subject to change.

(2) If there are any changes to the services we provide or the prices of our products, we will not notify users in advance.

(3) In the above cases, we may suspend or terminate the provision of the services we provide.

(4) We shall not be liable to any user or third party for any damage suffered by such user or third party due to a price change, suspension or termination of the services we provide.

5. Products and Services

(1) Some products and services offered by our Company are available exclusively online through the Website. These products or services may have limited quantities and may be returned or exchanged only in accordance with our Return and Exchange Policy.

(2) We endeavor to display the images and colors of our products as accurately as possible on this website. We do not guarantee that the images and colors of our products displayed on the user's computer will be accurate.

(3) We are free to decide whether to provide or restrict the provision of our products or services to any person or geographic area, and we are under no obligation to provide our products or services to any person or geographic area.

(4) We may place limits on quantities of products sold and services provided by us that can be purchased per person, per household or per order. These limits may be determined based on orders made by the same account, the same credit card, and/or orders that use the same billing or shipping address.

(5) In the future, we may provide new services and/or functions (including the release of new tools and resources) through our website. In such cases, users will be required to comply with these Terms, etc. when using such new services and/or functions.

6. Accuracy of orders and information provided by users

(1) We reserve the right to decide whether or not to accept an order from a user.

(2) If we do not accept your order, or if we modify or cancel your order, we may notify you by contacting the email and/or billing address/phone number provided with the order.

(3) We reserve the right to limit or prohibit orders placed by dealers or distributors.

(4) When purchasing products on this website, you shall provide current, complete and accurate purchase information, as well as your account and other user information. You shall timely update your account and other user information, including your email address, credit card number and expiration date, so that we can complete your transactions and contact you as necessary. We shall not be liable to you or any third party for any damages incurred by you or any third party due to incomplete or inaccurate information provided by you.

7. Optional Tools

(1) We may provide users with access to tools provided by third parties (hereinafter referred to as "Optional Tools"). Please note that we do not manage or supervise Optional Tools, and we do not make any representations or warranties regarding the quality, performance, etc. of Optional Tools.

(2) Users shall use optional tools provided on this website at their own risk. Users shall bear the risks associated with the use of optional tools, and the Company shall not assume any responsibility caused by or related to the user's use of optional tools. Users shall use optional tools only after reviewing and agreeing to the terms, policies, etc. disclosed by the relevant third parties.

8. Use of materials, products or services provided by third parties, etc.

(1) The content, products, and services offered through this website may include materials provided by third parties.

(2) Links on this website that lead to third party websites are websites of third parties that are not related to our company. Our company makes no representations or warranties as to the accuracy of the content, etc. of third party websites.

(3) Users shall use materials, products or services provided by third parties at their own risk. The Company shall not be liable to users or third parties for any damages incurred by users or third parties as a result of the use of materials, products or services provided by third parties. When using a third party's website, users shall review and agree to the terms, policies, etc. disclosed by the third party before using the third party's website.

(4) Users should direct any complaints, claims, concerns or questions regarding third-party websites and third-party products to the applicable third parties.

9. User Reviews, Feedback and Other Submissions

(1) We may request users to provide user reviews, feedback, etc. (hereinafter referred to as "User Reviews, etc.").

(2) If the User submits some User Reviews, etc. in response to the Company's request as described above, or if the User provides the Company with User ideas, proposals, plans, or other materials by email, postal mail, or other means without the Company's request, the User shall be deemed to have granted the Company a royalty-free and non-exclusive right (including sublicense rights) to use (including copying, screening, public transmission, exhibition, distribution, transfer, loan, translation, adaptation, and publication) in and outside Japan for an unlimited period of time, and the Company shall be entitled to edit, copy, publish, distribute, translate, and use in any manner any User Reviews, feedback, etc. submitted by the User to the Company without restriction. In this case, the User shall not exercise any rights such as the moral rights of the author.

(3) We have no obligation to edit or delete any User Reviews or Contributions that we determine to be unlawful, offensive, threatening, libelous, pornographic, obscene or otherwise objectionable and in violation of our intellectual property rights or these Terms of Use.

(4) You must not violate any third party rights, including copyright, trademark, privacy, identity or other personal property rights.

(5) Users shall be responsible for any and all User Reviews, etc. that they submit. Even if a User or a third party incurs damages as a result of User Reviews, etc. submitted by such User or a third party, the Company shall not be liable for such User or a third party.

10. Personal Information

In order to provide some of our Services, we may require users to enter necessary personal information.

We will manage personal information submitted by users on this website in accordance with our privacy policy. Please see our privacy policy for more information.

11. Copyright and other intellectual property rights

(1) All rights to the content of this website belong to FUNNY ELVES or are used by FUNNY ELVES under license or other lawful authority.

(2) We prohibit users from using the content of this website for any purpose other than personal use, from retransmitting it to the public (whether inside or outside the network), and from using or copying it without permission. We also prohibit any other unauthorized use or copying of the content of this website.

(3) All rights to trademarks and service marks displayed on this website are owned by Hangzhou Fanli Cosmetics Technology Co., Ltd. or its subsidiaries or affiliates, or are used under license or other lawful authority. FUNNY ELVES prohibits users from using these trademarks and service marks without permission.

(4) If the information provided by the user is subject to copyright or other intellectual property rights, the user shall transfer the rights to such information to FUNNY ELVES free of charge, and shall not be able to exercise the moral rights of the author or any other rights.

12. Prohibition

(1) Unless otherwise specified in the Terms of Use, you may not use this website or its content in the following cases:

(a) for any unlawful purpose;

(b) Instigating any other person to commit or participate in any unlawful act.

(c) When violating any laws, regulations, or rules of a country or region (including but not limited to the laws of Japan), or when violating any other court judgment, decision, or order, or any administrative measure that is legally binding.

(d) Infringing our intellectual property rights or those of a third party.

(e) to harass, abuse, insult, harm, defame, intimidate, or discriminate based on gender, sexual orientation, religion, race, ethnicity, age, national origin, or disability.

(f) submitting any information that is false or misleading;

(g) to upload or transmit viruses or any other type of malicious code that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;

(h) Collecting or tracking personal information of others.

(i) Spam, phish, drug, spider, crawl, or scrape.

(j) For any obscene or immoral purpose.

(k) Any attempt to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

(2) If the Company determines that a User is in violation of any of the above prohibitions or is likely to be in violation of such prohibitions, the Company may suspend or terminate any and all use of the Service or any related website.

1 3. Disclaimer and Agreement

(1) We do not represent or guarantee that the services used by users will be continuous, timely, secure, or error-free.

(2) We strive to update the information on this website in a timely manner, but we do not represent or guarantee that the information on this website is completely accurate or reliable. Therefore, when a user makes any decision based on the information on this website, the user shall make the decision at his/her own risk, and we shall not be liable to the user or a third party for any damage caused to the user or a third party as a result of the user's decision.

(3) The user agrees that the Company may, at its discretion, suspend or terminate the provision of its services without prior notice to the user.

(4) The User agrees to bear all risks associated with the use of this Website and this Service. Even if the User or a third party suffers damage as a result of the User's use of this Website and this Service, the Company shall not be liable to the User or a third party for any damages.

 

1 4. Termination (Termination and Cancellation of Contract)

(1) You may terminate your use of our Services or our Website at any time by notifying us that you no longer wish to use our services or our Website.

(2) If the User fails to comply with any provision of these Terms of Use, or if the Company determines that the User has failed to comply with any provision of these Terms of Use, the Company may suspend or terminate the User's use of the Company's Services or this Website at any time without prior notice. In such case, the User shall bear all responsibilities under these Terms of Use, etc. until the Company suspends or terminates the use of the Company's Services or this Website.

(3) These Terms of Use will remain valid and applicable unless the User or the Company terminates receipt or provision of the Service.

(4) The rights, obligations, and liabilities of both parties that have arisen prior to the termination date of receipt or provision of the Service by the User or the Company shall remain in effect even after such termination.

 

1 5. Severability

If any provision of these Terms of Use is determined to be invalid, illegal or unenforceable, that provision will be enforced to the maximum extent permitted by applicable law and the inapplicable portion will be severed from these Terms of Use, and the validity, legality and enforceability of the remaining provisions will not be impaired or affected in any way.

16. 1. Entire Agreement

(1) The failure of the Company to exercise any right or enforce any provision of these Terms of Use shall not constitute a waiver of such right or the right to exercise any provision of these Terms of Use.

(2) These Terms of Use and any other terms, policies, etc. posted by the Company on this website or related to the services constitute the entire agreement between the Company and the user and shall apply to the user's use of this website and the services, including but not limited to the latest version of these Terms of Use that is currently applicable, as well as any previous versions of the Terms of Use.

(3) If any doubt arises between the parties regarding the contents of these Terms of Use, these Terms of Use shall not be construed or interpreted against the Company.

17. Jurisdiction

The Tokyo District Court or the Tokyo Summary Court shall be the exclusive court of jurisdiction for any lawsuit arising from these Terms of Use.

18. Changes to Terms of Use

(1) We may update and change our website and these Terms, etc. from time to time to reflect changes in our products, customer needs, and business operations. In such cases, we may update, change, or replace these Terms, etc. by posting the updates and changes on our website.

(2) Each time you use this website, you will be required to review these Terms and Conditions and agree to the terms and conditions that apply at that time. Therefore, if you continue to use this website or the services after we have made changes to these Terms and Conditions, you will be deemed to have reviewed and accepted those changes.

19. Contact Information

If you have any questions about the Terms of Use, please contact us at JPN@funnyelves.com

Last updated: September 30, 2024