patisserie lapage

Terms of Use

These KATALOKooo terms of use (hereinafter referred to as the “Terms of Use”) apply to all of the Services (as defined in Article 1 below) operated by Monkey Bread Inc. (hereinafter referred to as the "Company"). Every User (as defined in Article 1) is kindly requested to read these Terms of Use in its entirety and agree to the same before using the Services. These Terms of Use fall under the category of a “standard contract terms” defined in Article 548-2 of the Japanese Civil Code.
Article 1 Definitions
- "Services" mean the Company web services provided on any site in the domain https://katalok.ooo/, or in any sub-domain of the same, including any DEPAAAT services(services provided on any site in the domain https://depaa.at/, or in any sub-domain of the same).
- "Product" means a product sold through the Services.
- "User" means a user of the Services.
- "Shop" means a person or an entity who sells Products through the Services, and the site established by a Shop for the purpose of selling Products through the Services may be referred to as the "Shop Site".
- "Sales Contract" means an agreement for the purchase and sale of a Product executed through the Services between a User and a Shop.
- "Store" means a person or an entity who transmits information and/or promotes sales for the Products, and/or acts as an intermediary for such sales through the Services, and the site established by a Store through the Services may be referred to as the "Store Site”.
Article 2 Application of these Terms of Use
- These Terms of Use apply to all Users.
- Any or all rules and/or descriptions regarding the use of the Services and/or the Sales Contracts (including those in the "Notice required by the Japanese Act on Specified Commercial Transactions”) on the Shop Site and the Store Site (hereinafter referred to collectively as the "Shop Site, Etc.") constitute a part of these Terms of Use, regardless of the title of such rules and/or descriptions. In the event of any discrepancy or conflicts between such rules and/or explanations and these Terms of Use, the provisions of these Terms of Use shall prevail.
Article 3 Interruption or Suspension of the Services on the Shop Site, Etc.
The Company may suspend or discontinue all or part of the Services on the Shop Site, Etc., in any of the following cases:
- (1) When it is a pressing necessity to conduct inspections or maintenance operations of the system
- (2) In the event of an accidental shutdown of servers, communication lines, etc.
- (3) In the event that the Services cannot be provided due to a reason of force majeure, including natural disasters such as earthquakes, lightning, fire, etc. or other reasons such as war, civil strife, riot, epidemic, etc.
- (4) In any other cases where the Shop and/or the Store deem it necessary to halt or suspend the provision of the Services.
Article 4 Termination of Services on Shop Sites, Etc.
- The Company reserves the right to terminate the Services on the Shop Site, Etc., in whole or in part, at any time for any reason.
- In the case of the preceding paragraph, the Company shall notify the User at least one (1) month prior to the date of such termination of the Services by posting on the website or by other means, provided however, that when and if the Company terminates all or part of the Services on the Shop Site due to an unforeseeable or unavoidable reason and cannot make a one-month prior notice, the Company will suffice to notify the User as soon as practicably possible.
Article 5. Amendment of these Terms of Use
- The Company may amend or revise these Terms of Use in its own discretion in any of the following cases:
  - (1) When such amendment/revision of these Terms of Use is in the general interest of the Users
  - (2) When such modification of these Terms of Use is not contrary to the purpose of the Terms of Use, and such modification is deemed reasonable in light of necessity for such modification, relevance of the modified contents, and other circumstances pertaining to such modification.
- For any and all amendments/revisions in accordance with the preceding paragraph, the Company shall notify the Users any such amendments/revisions to the Term of Use at least one month prior to the effective date of such revised Terms of Use, by posting the notice on such amendments/revisions, contents of the revised Terms of Use, and its effective date on the Shop Site, etc.
- The Company, Shops, and Stores (hereinafter referred to collectively as the "Company, Etc.") shall not be liable for any damage incurred by the User as a result of any revisions and/or additions to these Terms of Use, regardless of whether such damages are direct or indirect damages, and/or whether or not they were foreseeable.
Article 6 Purchase of Products
- The User shall place an order to the Shop for the purchase of a Product using the Services. At the time of such order, the User shall be deemed to have agreed to the individual provisions of these Terms of Use.
- When the User places an order using the Services as described in the preceding paragraph, the User shall confirm the delivery address and other order details registered by himself/herself before clicking the "Confirm Order" button. The Sales Contract between the User and the Shop in accordance with these Terms of Use shall be deemed executed when the e-mail message from the Shop confirming the applicable order reaches the User through the Services.
- Even after the Sales Contract has been executed, the Shop reserves the right to cancel the applicable Sales Contract in the event of fraudulent or inappropriate conduct on the end of the User. For clarity, a minor and/or an individual with limited capacity to act is not entitled to purchase any Product without the prior consent of his/her legal representative.
- In principle, changes to order details or cancellation of an order by the User after the execution of a Sales Contract cannot be accepted, except for returns of Products in accordance with Article 9.2 below.
- When and if the User has selected the "bank transfer" as the method of payment, the Shop reserves the right to cancel the Sales Contract when and if the Shop is unable to confirm payment by the User within the number of days specified in the “Notice required by the Japanese Act on Specified Commercial Transactions” after the execution of the applicable Sales Contract in accordance with Paragraph 2 above.
Article 7 Revisions of Registered Information
- The Shop shall suffice to fulfill its obligations under the Sales Contract based on the information registered by the User when purchasing the Product, and shall not be liable for any damage incurred by the User due to errors in the input of information or changes in the registered information.
- Notwithstanding the preceding paragraph, the User shall promptly notify the Shop of any change in all or part of the registered information entered at the time of purchase, provided however, the preceding paragraph shall apply to any and all transactions that have been completed by the Shop before the time the User notifies the Shop of such changes.
Article 8 Method of Payment
- The amount to be paid for a Product by the User is the sum of the sales price shown on the Shop Site (including the price applicable to any options, if any), consumption tax, shipping fee and handling charges.
- For payment of purchased Products, when and if the Products are to be delivered within Japan, the User can choose from the following three payment methods: (1) credit card payment, (2) bank transfer, or (3) cash on delivery by the shipping company, unless the Shop designates a specific payment method in its “Notice required by the Japanese Act on Specified Commercial Transactions”. If the Product is to be delivered outside Japan, “credit card payment” is the only payment method available. Please check the “Notice required by the Japanese Act on Specified Commercial Transactions” of the applicable Shop each and every time you purchase a Product from a Shop.
- When the User makes any “credit card payment”, the credit card to be used must be in the User's own name. In that case, for clarity, the payment obligation is finalized at the time the Sales Contract has been executed, but the date of actual withdrawal for the payment amount is regulated by the terms and conditions separately agreed between the User and the applicable credit card company.
- In the case of the preceding paragraph, any dispute between the User and the credit card company shall be resolved between the User and the credit card company, and the User shall not cause any inconvenience or damage to the Company or the Shops.
Article 9. Product Delivery Time and Returns
- The delivery schedule of a Product is as specified by the Shop in the applicable "Notice required by the Japanese Act on Specified Commercial transactions".
- The Shop does not accept any request from the User for the return of any purchased Product unless the delivered Product is defective. The method of return and cost of return in the case of defective products are as specified in the " Notice required by the Japanese Act on Specified Commercial transactions" posted on the applicable Shop Site.
Article 10 Handling of Personal Information
The Company, Etc. will properly handle Users' personal information in accordance with the "Privacy Policy" set forth separately.
Article 11 Prohibited Acts
- The Company, Etc. hereby prohibit the User to engage in any of the following acts:
  - Any act that infringes or may infringe on the intellectual property rights (copyrights, design rights, patent rights, utility model rights, trademark rights, industrial property rights, etc.) or other rights of third parties including but not limited to the other Users, and/or the Company, Etc.
  - Any act that infringes or may infringe on the property, credence, or privacy of third parties including but not limited to the other Users, and/or the Company, Etc.
  - Any act that causes or may cause disadvantage to third parties including but not limited to the other Users, and/or the Company, Etc.
  - Any act that defames or slanders third parties including but not limited to the other Users, and/or the Company, Etc.
  - Any act that offends or may offend public order and morals, or any act that encourages such acts.
  - Any act that violates laws and regulations, criminal acts, acts that may lead to violation of laws and regulations or criminal acts, or other acts that aid and abet such acts.
  - Any use by the User of any content obtained through the Services or Company, Etc., beyond the scope of private use.
  - Acts of reproducing, selling, publishing, distributing, or publicly disclosing any content obtained through the Services or the Company, Etc., through third parties including but not limited to the other Users, and other acts similar to such acts.
  - Any act that interferes with the business of the Company, Etc. or damages the credibility or reputation of the Company, Etc.
  - Any other act that Company, Etc. deem inappropriate.
- The User who has committed an act that falls under any of the categories of the preceding paragraph, shall indemnify the Company, Etc., for any damages (including special damages such as lost profits, and attorney fees) suffered by the Company, Etc., as a result of such act.
Article 12 Indemnification; Disclaimer
- In the event that a User causes damage to a third party in using the Services, he/she shall bear the burden and responsibility to resolve such issues, and the Company, Etc. shall not be held liable for any of such damage.
- In the event that a User causes damage to a third party due to any violation of these Terms of Use, etc., the User shall bear the burden and responsibility to resolve such issues, and the Company, Etc. shall not be liable for any of such damage.
- The Company does not represent or warrant the completeness, accuracy, certainty, or usefulness of the contents of the Shop Site, Etc. and/or any other information obtained by the User through the Shops or Stores.
- The Company shall not be held liable in any of the following cases:
  - When and if the User suffers damages as a result of any false or misleading descriptions of a Product displayed on the Shop Site, Etc.
  - When and if the User suffers damages due to defects in the quality, material, function, performance, compatibility with other products, or other defects in the Products sold by the Shop.
- In the event of any of the following, the obligation of the Shop to deliver the Products shall be deemed completed upon contacting who has been registered by the User and delivering the Products to the delivery address specified at the time of purchase, and the Company, Etc. shall not be liable thereafter for any loss or damage arising therefrom:
  - When and if the User fails or refuses to receive the Products.
  - When and if the User is unable to receive the Product due to long-term absence without prior notice
  - When and if the delivery address is unknown
  - When and if the User is unable to receive the Products due to any other reason attributable to the User.
- The Company shall not be liable for any damages incurred by the User for the use of the Services, due to causes including but not limited to suspension, interruption, alteration, or termination of the Services on the Shop Site, Etc., and/or errors in any information posted on the Shop Site, Etc.
Article 13 Compensation for Damages
- In the event that we are liable for any damages (e.g., by applying the Consumer Contract Act or other laws), we shall be liable only for direct and ordinary damages actually incurred by the User (not including special damages such as lost profits or attorney fees).
- Notwithstanding the foregoing, the provisions in these Terms of Use regarding the exemption or limitation of liability of the Company, Etc. shall not apply in the event of intentional or gross negligence on the part of the applicable Company, Etc.
- In the event that any provision of these Terms of Use that exempts or limits the liability of the Company, Etc. is deemed invalid or unenforceable under the Civil Code, Consumer Contract Act, or other applicable laws and regulations, the Company, Etc. shall be liable only for direct and ordinary damages actually incurred by the User (not including special damages such as lost profits or attorney fees).
Article 14 Copyright and Other Intellectual Property Rights
- Unless specified otherwise, all intellectual property rights, including copyrights, of content provided through the Service belong to the Company, Etc. or to third parties with the relevant rights (hereinafter collectively referred to as the "Rights Holders") and the User may not exploit such rights, beyond the purpose to use the Services, without the express approval of the applicable Rights Holders.
- In the event that a problem arises as a result of any violation of the preceding paragraph, the User shall resolve such issue at his/her own expense and responsibility, and shall not cause any damage or inconvenience to the Rights Holders. In the event any damage is incurred by the Rights Holders, the User shall be solely liable to the Rights Holders for such damage (including special damages such as lost profits as well as the attorney fees).
Article 15 Assignability
The User is not entitled to assign or transfer, or provide as security interest all or part of his/her rights or obligations under these Terms of Use to any third party, without the prior written approval of the Company, Etc.
Article 16 Exclusion of Relationships with Antisocial Forces
- "Antisocial Forces" used in this Article mean any of the following:
  - So-called boryokudan and its affiliated organizations, and/or their members
  - Organizations or individuals who pursue economic gain through the use of violence, force, or fraudulent methods
  - Other persons similar to the foregoing clauses
- The User hereby represents and warrants the following:
  - the User himself/herself neither falls under the category of Antisocial Forces, nor will fall under the same in the future.
  - the User himself/herself neither has any inappropriate relationship with any Antisocial Forces, nor will have any inappropriate relationships with the same in the future.
- In the event that the Company, Etc. determine that the User falls under an category of Antisocial Forces, the Company, Etc. have the right to immediately suspend the provision of the Services to said User without any notice or reminder, and to claim compensation for any and all damages (including special damages such as lost profits, as well as attorney fees) incurred by such suspension.
- The Company, Etc. shall not be liable for any damage or disadvantage incurred by the User in case of the preceding paragraph.
Article 17 Severability
If any part of the provisions of these Terms of Use is held by law or competent court of jurisdiction to be illegal, invalid, or unenforceable, or if any provision of these Terms of Use is deemed not to have been agreed to, the other provisions of these Terms of Use shall remain in full force and effect.
Article 18 Governing Law
These Terms of Use are governed by and construed in accordance with the substantive laws of Japan, without regard to any conflict of law principles.
Article 19 Jurisdiction
The Tokyo District Court or the Tokyo Summary Court shall have exclusive jurisdiction in the first instance over any and all disputes related to these Terms of Use.
Established on August 1st, 2018, and revised as of February 16th, 2019, April 1st, 2020 and April 1st, 2022