Penguin Kicks LLC (hereinafter referred to as the "Company") has established the Penguin Online Agency Terms of Use as follows (hereinafter referred to as the "Terms"). These terms and conditions apply when you use our website (defined below), so please read them in full before using.

Article 1 (Definition)

The following terms in these Terms shall have the meanings set forth below.

(1) “Customer” refers to an individual or corporation who purchases or wishes to purchase products sold on our website.

(2) “Our website” refers to our website provided by our company using the domain “https://form.penguinkicks.com/”.

Article 2 (Scope of application)

1. These Terms apply to all relationships between our company and our customers regarding our website.

2. The rules posted by our company on our website shall form part of these Terms.

3. If the content of these Terms and Conditions differs from the rules in the preceding paragraph or other explanations on our website, the provisions of these Terms and Conditions shall take precedence.

Article 3 (Membership Registration)

1. Those who wish to purchase services on our website (hereinafter referred to as "registration applicants") agree to comply with these Terms and provide certain information specified by our company (hereinafter referred to as "registration matters"). You can apply to our company for membership registration to purchase products by providing the following information to us using the method specified by our company.

2. The Company will determine whether or not a registration applicant who has applied for registration can be registered in accordance with the Company's standards, and if the Company approves registration, the Company will notify the applicant accordingly. Registration of a person wishing to register as a member shall be deemed to have been completed once the Company has given the notification set forth in this section.

3. If a person applying for membership registration falls under any of the following items, our company may refuse registration or re-registration, and we are not obligated to disclose the reason at all. .

(1) If there is any falsehood, error, or omission in all or part of the registered information provided to our company.

(2) If the person is a minor, an adult ward, a person under curatorship, or a person under assistance, and the consent, etc. of the legal representative, guardian, curator, or assistant has not been obtained.

(3) Being an anti-social force, etc. (meaning an organized crime group, organized crime group member, right-wing group, anti-social force, or any other equivalent person; the same shall apply hereinafter), or maintaining or operating an anti-social force, etc. through funding or other means. Or if the Company determines that the Company has any kind of interaction or involvement with anti-social forces, etc., such as cooperating with or being involved in management.

(Four) If the Company determines that the person is a person who has violated a contract with the Company in the past or a person related to such person;

(Five) If you have received the measures specified in Article 6

(6) In other cases where the Company reasonably determines that registration is inappropriate.

Article 4 (Changes to registered matters)

If there are any changes to the registered information, the member shall notify the Company of the changes without delay using the method specified by the Company.

Article 5 (Management of password and user ID)

1. Members shall, at their own responsibility, appropriately manage and store their passwords and user IDs related to the use of our website, and may not allow them to be used by a third party, or lend, transfer, change name, buy or sell, etc. shall not occur.

2. Members shall be responsible for any damage caused by insufficient management of passwords or user IDs, errors in use, use by third parties, etc.

Article 6 (Registration cancellation, etc.)

1. If a customer falls under any of the following items, the Company will temporarily suspend the customer's use of the Company's website or register as a member without prior notice or demand. may be deleted and other necessary measures may be taken.

(1) If you violate any of the provisions of these Terms

(2) If it turns out that the registered information or other information you provided to us is false.

(3) If payments are suspended or become insolvent, or if a petition is filed to commence bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, special liquidation proceedings, or similar proceedings.

(4) If there is no response for more than 30 days to inquiries or other communications from our company requesting a response.

(5) Cases that fall under each item of Article 3 , Paragraph 3

(6) In addition, if the customer repeatedly accepts cancellation due to a violation of the other party's terms of use after providing the service, or if the customer makes a purchase for a purpose other than the normal purpose of use, etc. If it is reasonably determined that it is inappropriate to continue registration

2. For customers who do not use our website for three years or more after registering as a member, we may cancel your membership registration at our discretion.

3. If any of the items in Paragraph 1 apply, the customer will naturally lose the benefit of time on all debts owed to the company and must immediately pay all debts to the company. Must be.

Article 7 (Withdrawal)

1. Members may cancel their registration as a member of our website (hereinafter referred to as "withdrawal") by completing the procedures prescribed by our company.

2. If the member has any debts owed to the Company upon withdrawal, the member shall naturally lose the benefit of time on any debts owed to the Company, and shall immediately pay all debts to the Company. Must be.

3. The handling of user information after withdrawal shall be in accordance with the provisions of Article 17.

Article 8 (Establishment of sales contract)

1. Based on the customer's order, the purchase will be processed and concluded once the purchase is successful. If we are unable to complete your order due to the proxy purchasing site not being able to reserve the product at the time of shipment, we will refund the service fee.

2. By placing your order, you warrant that you have the legal capacity to enter into a valid sales contract and that you are not a minor.

3 . Products ordered through our website can only be delivered to locations within Japan.

Article 9 (Price and payment method)

1. The customer shall pay the price of the products posted on the Company's website to the Company using the payment method specified by the Company.

2. For orders placed by customers, the price at the time the sales contract is established will be applied. Please note that our company may change the prices of products posted on our website without prior notice.

Article 10 (Ownership)

Ownership of the ordered products shall be transferred from us to you upon receipt of the products by you or your designated delivery address. However, if payment is made by credit card, the regulations set by each credit card company shall be followed.

Article 11 (Changes and Termination)

Our company may change the content of products offered on our website or terminate their provision at our convenience.

Article 12 (Disclaimer of Warranty and Disclaimer)

1. We ensure that our products are compatible with the customer's specific purpose, have the expected functionality, commercial value, accuracy, and usefulness, and comply with laws and regulations applicable to the customer or the internal rules of industry organizations, etc. There is no guarantee, express or implied, that there will be no problems with use.

2. The Company shall not be liable for any damages incurred by the Member in connection with the Company's website in excess of the amount of consideration paid by the Member to the Company in the past 12 months, and shall not be liable for any incidental, indirect, or special damages. We shall not be responsible for compensation for damages, future damages, or damages related to lost profits.

3. Members shall be responsible for resolving any transactions, disputes, etc. that arise between customers and other members or third parties in connection with our website.

Article 13 (Confidentiality)

The customer shall treat non-public information disclosed by the Company to the customer confidentially, unless the Company has given prior written consent (including email).

Article 14 (Handling of user information)

1. The handling of your user information by our company shall be in accordance with the provisions of our separate privacy policy, and you agree to our handling of your information in accordance with this privacy policy.

2. Our company may, at our discretion, use and publish the information, data, etc. that you provide to us as statistical information in a form that does not identify individuals, and you may object to this. Shall not.

Article 15 (Changes to these Terms, etc.)

Our company may change these Terms if we deem it necessary. If we make changes to these Terms, we will notify you of the enforcement date and content of the changed Terms by posting on our website or other appropriate means.

Article 16 (Contact and Notice)

1. Inquiries regarding products, etc. on our website, and other communications or notifications from customers to our company, and communications or notifications from our company to customers, shall be made in the manner determined by our company.

2. If we contact or notify you at the email address specified by you, you will be deemed to have received such communication or notification.

Article 17 (Transfer of contractual status based on these Terms)

1. The customer may not assign, transfer, set collateral, or otherwise dispose of the contractual status based on these Terms to a third party without the prior written consent of the Company.

2. If the Company transfers the business related to the Company's website to another company, the contractual status, rights and obligations based on these Terms and the product sales contract, and the customer's customer information will be transferred as a result of the business transfer. It may be transferred to another person, and the customer shall consent to such transfer in advance in this section. Please note that the business transfer specified in this section includes not only normal business transfers, but also company splits and other cases where business is transferred.

Article 18 (Severability)

Even if any provision or part of these Terms is determined to be invalid or unenforceable under the Consumer Contract Act or other laws and regulations, the remaining provisions or parts of these Terms will be invalid or unenforceable. The remaining portions of such provisions shall remain in full force and effect.

Article 19 (Governing law and competent court)

1. The governing law of these terms and conditions shall be Japanese law.

2. For any disputes arising out of or related to these Terms or the sales contract based on these Terms, the Tokyo District Court shall have the exclusive jurisdiction of the first instance.