Terms of Service

These Terms of Service (hereinafter referred to as the "Terms") govern the use of the online shop "FLORIST" (hereinafter referred to as the "Service") provided on this website by GoofyGooby LLC (hereinafter referred to as the "Company"). Users (hereinafter referred to as "Users") agree to these Terms when using the Service.

Article 1 (Application)

These Terms shall apply to all relationships between the User and the Company regarding the use of the Service.
The Company reserves the right to change these Terms without prior consent from Users. By continuing to use the Service after such changes, Users are deemed to have agreed to the revised Terms.

Article 2 (User Registration)

The Service allows purchases without registration; however, if a person wishing to register (hereinafter referred to as the "Applicant") agrees to these Terms and applies for registration in a manner specified by the Company, and the Company approves the application, registration shall be deemed complete.
The Company may refuse registration if it determines that any of the following applies, and shall not be obligated to disclose the reason:
a. False information was submitted during the registration process
b. The Applicant has previously violated the Terms
c. The Company otherwise deems the registration inappropriate

Article 3 (Management of Email Address and Password)

Users are responsible for managing their own email address and password.
Users must not transfer, lend, or disclose their email address or password to any third party.
The Company shall not be liable for any damages arising from inadequate management, misuse, or third-party use of the email address or password.
If a User discovers unauthorized use of their email address or password, they shall immediately notify the Company.
Users shall assume full responsibility for any risks associated with transmitting credit card information, and the Company shall bear no responsibility for such matters.

Article 4 (Sales Contract)

A sales contract between the User and the Company is concluded when the Company sends an acceptance notice in response to a purchase request made by the User.
The Company may cancel the contract without prior notice in any of the following cases:
a. Violation of the Terms
b. Inability to deliver due to unknown address or long-term absence
c. Any other case where the Company deems the continuation of the contract inappropriate
Payment methods, shipping procedures, cancellations, and returns shall be governed by separate provisions set by the Company.

Article 5 (Intellectual Property Rights)

All content provided through the Service, including product images, is protected by intellectual property rights belonging to the Company or legitimate rights holders. Users must not use such content without permission for reproduction, reprinting, alteration, or secondary use.

Article 6 (Prohibited Acts)

Users shall not engage in any of the following acts when using the Service:
a. Acts that violate laws or public order and morals
b. Criminal acts
c. Infringement of intellectual property rights of the Company or third parties
d. Unauthorized access or interference with the Company's servers or networks
e. Commercial use of Service-related information
f. Acts that hinder the operation of the Service
g. Attempts to gain unauthorized access
h. Collection or accumulation of personal data of other Users
i. Impersonation of another person
j. Submitting false registration information
k. Unauthorized use of credit cards
l. Placing orders without the intention to purchase
m. Providing benefits to anti-social forces
Violations may result in civil or criminal liability.

Article 7 (Suspension of the Service)

The Company may suspend or interrupt the Service without prior notice for the following reasons:
a. System maintenance or updates
b. Force majeure events such as natural disasters
c. Communication failures or accidents
d. Other situations where the Company deems service provision difficult
The Company shall not be liable for any damages resulting from the suspension or interruption of the Service.

Article 8 (Usage Restrictions and Deregistration)

The Company may, without prior notice, restrict access to the Service or deregister a User if:
a. The User violates any provision of these Terms
b. False information is found in the registration
c. The User's credit card is suspended
d. Payments are not made properly
e. The User fails to respond to communication from the Company for an extended period
f. The User does not use the Service for a certain period
g. The User is found to be associated with anti-social forces
h. The Company otherwise deems the User inappropriate

Article 9 (Withdrawal)

Users may cancel their registration via a method specified by the Company.
Upon withdrawal, the Company will cease using the User's personal information and stop sending promotional emails.
The Company may retain personal information as required by law or for necessary purposes.
If the User has pending orders, product shipping and related notifications will continue after withdrawal.
Once withdrawal is complete, past order history and related data will no longer be accessible.

Article 10 (Disclaimer of Warranty and Liability)

The Company makes no warranties that the Service is free from defects or errors.
The Company shall not be liable for any damages arising from the use of the Service.
If deemed a consumer contract under applicable law, the Company shall only be liable for direct and ordinary damages resulting from gross negligence or willful misconduct.
The Company shall not be involved in or responsible for any disputes between Users or with third parties.

Article 11 (Modification or Discontinuation of the Service)

The Company reserves the right to modify or discontinue the Service at any time without notice. The Company shall not be liable for any damages incurred by Users due to such changes or discontinuation.

Article 12 (Handling of Personal Information)

The Company will collect and use personal information only for the following purposes:
a. Delivery of products and related administrative tasks
b. Providing information on new products and services
c. Internal business-related communications and surveys
d. Responding to inquiries
Except as permitted by law or with the User’s consent, personal information will not be disclosed to third parties.

Article 13 (Ordering and Purchasing Products)

Users must follow the procedures specified by the Company when ordering or purchasing products.
Orders made using the User's registered email and password are deemed valid.
The Company is not responsible for order failures due to system issues or communication errors.

Article 14 (Product Delivery)

Unless otherwise specified, products will be delivered within seven (7) days from the completion of the order, or at the delivery date and time designated by the User. However, delivery may be delayed under the following circumstances:
a. If the customer is unavailable to receive the product due to personal circumstances
b. During peak seasons (e.g., Mother’s Day, mid-year or year-end gift periods), or due to natural disasters, traffic disruptions, or weather-related delays
c. If the volume of orders significantly exceeds the Company’s initial forecasts
d. If delivery to remote islands or other areas requires additional time due to the circumstances of the delivery provider
In cases where delivery is delayed or rendered impossible due to force majeure events—such as natural disasters, changes in legislation, traffic accidents, actions of public authorities, transport disruptions, labor disputes, or other unavoidable reasons—the Company shall not be held liable for any resulting damages or compensation.

Article 15 (Returns and Refunds)

Returns, exchanges, or cancellations due to the User’s personal reasons are not accepted.
While we take every precaution to ensure the quality of our products and the accuracy of delivery, if any defects are found in the delivered product, please contact us by email within two (2) days of receiving the item.
In cases of defective products or incorrect items delivered, the Company will bear the cost of replacement.
If a return is made due to the User’s personal circumstances, all shipping fees (original and return) shall be borne by the User.

Article 16 (Product Descriptions)

The Company strives to maintain the accuracy and timeliness of the information provided on this website. However, we do not guarantee the completeness, reliability, or accuracy of product descriptions or any other content on the site.

Article 17 (Notices and Communications)

All notices or communications between the User and the Company shall be conducted in accordance with the methods specified by the Company. Unless the User notifies the Company of a change in contact information following the prescribed procedure, the Company shall assume the contact details currently registered are valid and that any notice sent to those contacts is deemed to have reached the User at the time of transmission.

Article 18 (Prohibition of Transfer of Rights and Obligations)

Users may not transfer their status under the usage agreement or any rights or obligations under these Terms to any third party or offer them as collateral without prior written consent from the Company.

Article 19 (Governing Law and Jurisdiction)

The interpretation of these Terms shall be governed by the laws of Japan. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply to the Service.
In the event of a dispute arising in connection with the Service, the matter shall be submitted to the exclusive jurisdiction of the court having jurisdiction over the location of the Company’s head office.

Established: October 1, 2024