Terms of service

Terms of Service

These Terms of Service govern your use of CIELOHUK, the online store operated by 合同会社Cielosiro, a Japanese limited liability company ("we", "us" or "our").

Article 1. Scope and applicable conditions

These Terms apply to all use of CIELOHUK (the "Service"), including browsing, customer accounts, purchases and enquiries. Please read and agree to these Terms before using the Service. Purchases require your agreement to the Terms and other conditions displayed when you order.

Conditions displayed on product pages, at checkout, in the Returns and Refunds Policy or separately by us form part of these Terms. The Shopping Guide explains information relevant to shopping. If the Shopping Guide conflicts with these Terms, these Terms take priority. Where the Returns and Refunds Policy sets out more specific conditions for returns or refunds, those specific conditions apply. Special lead times, sales conditions or other conditions displayed on a product page apply to that product to the extent permitted by law.

The delivery, cancellation, return and refund conditions below concerning deliveries outside Japan apply according to the delivery destination. For deliveries within Japan, the domestic conditions in the Japanese Shopping Guide, Returns and Refunds Policy and Legal Notice apply. Selecting the English language does not change the conditions applicable to the delivery destination.

Japanese law governs our Terms of Service and sales contracts. If laws applicable to your transaction contain provisions that cannot be excluded by contract, those provisions apply to the extent required. All conditions below are subject to this rule.

Article 2. Definitions

In these Terms:

  • "Customer" means an individual or legal entity who browses or uses the Service.
  • "Member" means a customer who has created a customer account.
  • "Products and other offerings" means products, store credit and anything else we provide through the Service.
  • "Content" means text, images, videos, logos, designs, product information and other information published through the Service.

Article 3. Use of the Service

You must use the Service responsibly and comply with these Terms and applicable laws. If you are a minor, obtain the consent of a parent or other legal representative before using the Service or buying products. You are responsible for arranging and paying for the devices, internet connection, email access and other equipment needed to use the Service.

Article 4. Registration and account management

Provide truthful and accurate information when creating an account. Update your registered information promptly if it changes.

You are responsible for managing your registered email address, one-time codes, login details and other means of accessing your account. Do not allow others to use them, lend or transfer them, or share them. We treat actions performed using valid login details as actions by the member, unless we are responsible for unauthorised use by a third party. Contact us promptly if you discover or suspect unauthorised use.

We may refuse or cancel registration where there are reasonable grounds, including false registration information, misuse or previous violations of these Terms. You may request account closure using the method we provide. Obligations relating to outstanding orders or payments continue until they have been fulfilled.

Article 5. Product information

We aim to display product information as accurately as possible. Colours in product images may differ from the actual product because of photography conditions or your screen settings. Clothing and other measurements may vary by approximately 1–3 cm because of manufacturing differences or measurement methods. Props, accessories and other items shown in images are not included unless the product name or description states that they are included.

Minor details of specifications, packaging or accessories may change where the change does not impair the product's essential function or value. An inventory display does not guarantee that stock has been secured for your order. If an inventory discrepancy or lack of stock becomes apparent after ordering, Article 6 applies.

Article 6. Orders and formation of the sales contract

Submitting an order after entering the required information at checkout constitutes an offer to purchase from us.

For credit cards, PayPal and other payment methods completed at the time of ordering, the sales contract is formed once payment or the required payment authorisation is complete and either an order number appears on the order-confirmation screen or the order-confirmation notice reaches you, whichever occurs first.

For bank transfer, convenience-store payment or other advance-payment methods, the sales contract is formed when we have confirmed receipt of payment and the order-confirmation notice reaches you. A notice acknowledging an order before payment confirms receipt of your offer; it does not confirm formation of the sales contract. These advance-payment methods apply only when offered at checkout.

We may decline an order or cancel a sales contract after formation if:

  • We cannot secure stock.
  • There is an obvious error in the displayed price, inventory, specifications or other information.
  • Payment authorisation cannot be obtained.
  • The delivery destination is unclear, incomplete or cannot be served.
  • There are grounds to suspect an order intended for resale, fraud, impersonation or another purpose inconsistent with a normal transaction.
  • You have violated these Terms or previously failed to make payment.
  • There is another reasonable ground preventing fulfilment.

If we refund money already received following such cancellation, we normally use the original payment method. The store-credit procedure in Article 13 applies if a refund to that method is unavailable.

Unless we specifically agree otherwise, changes to an order are treated as a new order and cancellation of the original order, subject to the applicable cancellation conditions.

Article 7. Prices and payment

The product price, applicable taxes, shipping charges, fees and total amount payable are displayed at checkout.

You can pay by credit card and other methods processed through Shopify Payments, or by PayPal. Other payment methods may also be available depending on your country or region and your order. Please check the options displayed at checkout for the methods available to you.

You must pay in accordance with the selected payment provider's conditions. Unless otherwise stated, bank-transfer fees and other costs charged to you in connection with payment are your responsibility. If bank transfer or convenience-store payment is offered, payment must be received within 10 days of the order date. The order is automatically cancelled if payment is not received by that deadline.

The payment provider's conditions apply to screening, usage restrictions, payment timing, instalments, refunds and other payment matters.

Article 8. Preparation for dispatch

We begin preparing an order for dispatch immediately after the sales contract is formed. Warehouse work, inspection, packing, delivery arrangements, payment processing and other costs may arise once preparation begins. Depending on the stage reached, changing an order, stopping processing or reselling an item may be difficult. These preparation arrangements are the basis for the cancellation conditions in Article 11.

Article 9. Delivery

Delivery estimates, shipping charges and delivery arrangements are displayed in the Shopping Guide, product pages, checkout or Legal Notice. We may dispatch items from a multi-item order separately. We select the carrier according to the product, destination and other circumstances; you cannot choose the carrier. Delivery is completed when the product is handed over at the delivery destination you specified.

For deliveries outside Japan:

Shipping charges depend on the destination and the weight of the items in your order. Charges increase as the weight increases. You can check the shipping charge by entering your delivery address at checkout. Shipping charges include customs duties and import taxes for all our supported delivery destinations.

If you are charged customs duties or import taxes separately, contact us with your order number and evidence such as an invoice or receipt showing the charge. We will review the evidence and refund the confirmed additional amount to the payment method used for your order.

The customs duties and import taxes covered by the shipping charge will not be charged again by us after your order has been confirmed.

Orders are normally prepared for dispatch within approximately 3–10 days after confirmation. Delivery times after dispatch vary by destination. See the destination table in our Shopping Guide for the applicable estimate; it excludes preparation before dispatch. If a product page states a separate lead time, please check that information. Customs clearance, weather and transport conditions may cause delays beyond these estimates.

If we split your order into separate shipments for our own operational reasons, we will not charge additional shipping or import costs.

Provide an accurate recipient name, address, postal code and telephone number, and arrange to receive your order.

You may request a change to your delivery address before dispatch, provided that the change does not alter the shipping charge. Contact us before dispatch if you need to change the address. Delivery addresses cannot be changed after dispatch.

If we, customs, the carrier or our fulfilment provider request a correction to an incomplete or incorrect address, provide the required information by the stated deadline using the address-correction form or other method we specify. Where we request a correction after dispatch, it is limited to correcting missing or incorrect details of the same registered destination. This does not allow a change to another destination, recipient name or telephone number.

If missing or incorrect address information prevents customs clearance or delivery, the product may be held temporarily and then returned or disposed of if the necessary correction is not completed by the deadline. Refused shipments and shipments that cannot be delivered because of prolonged absence or other customer circumstances may also be held and then returned or disposed of.

For deliveries outside Japan:

If delivery cannot be completed because you refuse the shipment or because the address you provided is incomplete or incorrect, we do not refund the product price, shipping charge or other amounts paid for that order. Refusing delivery does not cancel your order. Please check your delivery details carefully before confirming your order.

These conditions do not exclude responsibility for circumstances attributable to us. If we agree to redelivery, you must pay the actual costs of redelivery, return, storage and related handling. We are not obliged to arrange free redelivery.

Inspection, dispatch preparation, warehouse operations, customs clearance, weather, traffic, disasters, carrier operations and other circumstances beyond our reasonable control may delay delivery beyond the estimate.

Article 10. Ownership and risk

Ownership transfers to you when the product price has been paid in full and the product has been delivered to you. After delivery, loss, damage or other harm caused by circumstances for which you are responsible is your responsibility. If you suspect loss or damage in transit, promptly contact us and the carrier.

For deliveries outside Japan:

We issue a refund when tracking information confirms that an item has been lost in transit. If your order has not arrived, contact us with your order number and tracking number.

Article 11. Cancellations after order confirmation

Our systems are linked with fulfilment providers and warehouses, and preparation begins immediately after the sales contract is formed as described in Article 8. Once preparation has begun, costs arise and stopping processing, returning or reselling products may be difficult.

For deliveries outside Japan:

Once your order has been confirmed, we do not accept cancellations for personal reasons, even before dispatch. We do not accept cancellations after dispatch.

If an item has not been dispatched after 30 days have elapsed from the order date because of a dispatch delay, you may request cancellation of that unshipped item. If some items have already been dispatched, only the unshipped items are eligible. If the product page stated a lead time longer than 30 days when you ordered, the lead time and conditions on that page apply instead.

To request cancellation, contact us through the support chat at the bottom of the store with your order number and the reason for your request.

The restriction on cancellation for personal reasons does not prevent remedies for defective or incorrect items, a cancellation we specifically agree to, or rights that cannot be excluded under Article 1. Requesting a payment stop, payment dispute or chargeback from a payment provider does not constitute a cancellation request to us.

Article 12. Returns, refunds and exchanges

The Returns and Refunds Policy applies in addition to these Terms. For deliveries outside Japan:

We do not accept returns for personal reasons, including a change of mind or differences in fit, colour or personal expectations. Please check the product description, size and colour carefully before ordering.

Check the contents and condition of your order before wearing, using or washing the items. If an item is defective or differs from what you ordered, contact us within 7 days, counting the day of delivery as day 1. Provide your order number and both photos and videos clearly showing the problem or difference.

We will review the photos, videos and order details. If we confirm a defect or an incorrect item, we will send a new replacement or issue a refund. We decide which remedy to provide based on the circumstances and stock availability. If we cannot send a replacement, we will issue a refund. We may ask for additional photos, videos or other information if the materials provided are insufficient. Reporting a problem alone does not guarantee a replacement or refund.

You do not need to return the item. There is no additional shipping charge for a replacement when we confirm a defect or an incorrect item.

Size exchanges are currently unavailable. If the size we delivered differs from the size ordered, the defective or incorrect-item procedure applies.

Do not send products back without contacting us and obtaining approval. An unauthorised return is not accepted as a return. We will contact you to ask whether you wish the item to be sent back to you at your expense or disposed of. If you do not respond by the deadline we specify, or we cannot contact you, the item may be disposed of. Sending an item back without approval does not itself entitle you to a refund.

If all items in your order are eligible for a refund because of defects, incorrect items or loss in transit, we refund the full amount paid, including the original shipping charge. If only some items are eligible, we refund the amount actually paid for those items and their share of the original shipping charge. That share is calculated by multiplying the original shipping charge by the proportion of the order's total item weight attributable to the affected items.

Additional customs-duty or import-tax reimbursements are calculated from the additional charge confirmed under Article 9.

Article 13. Coupons and store credit

We may issue coupons or store credit to members. The conditions for issue and use, eligible products, expiry dates and other conditions are displayed when issued or through the Service.

Apply any coupon at checkout before confirming your order. A coupon cannot be added after order confirmation. Coupons cannot be exchanged for cash. Coupons and store credit cannot be transferred to another person or account, or used at another store.

For a paid order linked to a customer account, purchase-reward store credit is issued at 1% of the final order total after discounts, including shipping charges and taxes, rounded to the nearest yen. This purchase-reward credit expires one year after the order payment is completed. It may be used only for purchases through the Service and cannot be exchanged for cash.

Store credit issued under the domestic personal-return conditions has no expiry date. It is usable only for purchases through the Service and cannot be exchanged for cash.

For refunds that would otherwise be made in money:

Refunds are normally made to the payment method used for the order. If payment-provider restrictions or other limitations prevent a refund to the original payment method, we issue the refund as store credit.

Store credit issued as a refund has no expiry date. You may request a monetary payout of its unused balance through the support chat. We check the order history and the store-credit usage before processing the request. This payout procedure applies to store credit issued as a refund; purchase-reward credit cannot be exchanged for cash.

The time it takes for a refund to appear on your statement depends on the payment provider.

We may adjust coupons or store credit used in an order when that order is cancelled or returned. We may revoke coupons or store credit obtained or used improperly, issued because of a system error, or issued without a valid basis.

Article 14. Intellectual property

Copyrights, trademarks and other intellectual property rights in the Service and Content belong to us or the respective rights holders. Except for private use, you must not reproduce, republish, modify, distribute, sell, scrape or otherwise use Content without permission from us or the rights holder. These Terms do not transfer any intellectual property rights to you.

Article 15. Prohibited conduct

You must not:

  • Order using false information, impersonate another person or use another person's payment method without authorisation.
  • Place orders without intending to pay, repeatedly refuse delivery, or place orders for purposes inconsistent with normal transactions.
  • Misuse multiple accounts to avoid conditions relating to coupons, store credit, purchase limits or other matters.
  • Falsely claim that return conditions have been met or conceal the condition of used products when requesting a return.
  • Submit false claims to obtain a payment dispute or chargeback without legitimate grounds.
  • Infringe the rights, reputation, creditworthiness or privacy of us, other customers, delivery providers, business partners or other third parties.
  • Threaten, insult, discriminate against, make excessive demands of, or obstruct the work of us or persons involved in our operations.
  • Gain unauthorised access to our systems, transmit harmful software or interfere with operations.
  • Use automated means to impose loads beyond normal use or obtain information improperly.
  • Use the Service for business, advertising, solicitation or other commercial purposes without our permission.
  • Act unlawfully or contrary to public order or accepted standards of conduct.
  • Assist, encourage or attempt any of the above.
  • Engage in other conduct that we reasonably determine to be inappropriate.

Article 16. Restrictions and account suspension

We may cancel orders, suspend transactions, restrict account access or cancel registration without advance notice if:

  • You violate these Terms.
  • You fail to pay an amount due.
  • Your registered information is false or materially incorrect.
  • There is misuse or a security risk.
  • Your creditworthiness seriously deteriorates, including suspension of payments or bankruptcy.
  • We cannot contact you for a prolonged period.
  • There is another reasonable ground making continued use inappropriate.

Your outstanding payment and other obligations continue after such action. Where the situation is not urgent, we will explain the reason for the action or the steps required to the extent possible.

Article 17. Exclusion of organised crime groups

You represent and warrant that you are not, and will not become, an organised crime group, a member of such a group, an associated company or another equivalent antisocial force as understood under Japanese law, and that you do not have a socially condemnable relationship with such persons or entities.

You must not make violent demands or unjustified demands beyond legal responsibility, use threatening language or behaviour, spread rumours, or use deception or force to damage creditworthiness or obstruct business. If you violate these conditions, we may terminate transactions and suspend your use of the Service without notice or demand.

Article 18. Compensation and chargebacks

If you violate these Terms and cause loss to us or a third party, you are responsible for compensating that loss.

If you raise a dispute with your card issuer, PayPal or another payment provider, we may submit order details, dispatch status, communications, applicable conditions and other records in accordance with that provider's procedures. The payment provider determines the outcome of the dispute or chargeback.

If a payment reversal, dispute or chargeback for personal reasons is made despite the order being ineligible for cancellation under these Terms, we may claim:

  • A cancellation fee equivalent to 30% of the product price.
  • Product-related costs, shipping charges, handling charges, warehouse receiving and dispatch fees, inspection, packing, payment fees and other actual costs already incurred in processing the order that cannot be recovered through refunds, returns, resale or other means.
  • Chargeback fees and other processing costs actually charged to us by the payment provider and not returned.

The 30% amount is intended to cover losses that typically arise for comparable orders from order processing, coordination with dispatch systems, procurement and stop instructions, and cancellation handling, separately from individual actual expenses. We do not count the same cost both in the cancellation fee and as an actual expense. Amounts returned by payment providers, logistics providers or business partners, or recovered through resale or otherwise, are deducted.

The amount claimed is limited to the loss actually incurred by us and the amount permitted by law. If products have already been dispatched or delivered, we may also request payment of an outstanding product price or return of the products.

This Article does not prevent you from raising a payment dispute on legitimate grounds, including defective products, incorrect items or unauthorised payment use.

Article 19. Personal information

We handle personal information in accordance with our Privacy Policy.

Article 20. Third-party services

The Service uses Shopify, payment providers, carriers and other third-party services. Their terms, privacy policies and other conditions may apply when you use those services. Some parts of the Service may be unavailable because of third-party outages, specification changes, usage restrictions or other circumstances beyond our reasonable control.

Article 21. Changes, interruption and termination of the Service

We may change the functions, content or means of providing the Service. We may temporarily interrupt all or part of the Service for:

  • Maintenance, updates or emergency measures.
  • Communication failures, third-party outages or unauthorised access.
  • Disasters, power outages, infectious disease, administrative measures or other events beyond our control.
  • Other interruptions necessary for safety or continued operation.

If we terminate the Service, we will normally give reasonable advance notice through the Service or another appropriate method. This may not be possible in an emergency or unavoidable circumstances. Unless separately stated, changes or termination will not unfairly prejudice your rights under existing sales contracts or valid store credit.

Article 22. Our responsibility

If we are responsible for a problem with a product or the Service, we respond in accordance with these Terms, the Returns and Refunds Policy and applicable laws. We are not liable for loss unless it results from our intentional misconduct or negligence. Where applicable law does not permit a limitation in this Article, that limitation does not apply to that extent.

For loss caused by our ordinary negligence, our liability is limited to ordinary and direct loss, up to the amount you actually paid us for the order that caused the loss. This limit does not apply to intentional misconduct or gross negligence.

We are not liable for delays or interruptions caused by weather, disasters, customs clearance, traffic, carriers, business partners, communications providers, payment providers or other circumstances beyond our reasonable control, except where liability is required by law.

Article 23. Notices and communications

We may send notices by displaying them through the Service, emailing your registered address, displaying them in your account or using another method we consider appropriate. Keep your registered email address able to receive messages and check domain-filtering settings, spam folders and other email settings.

If a notice cannot be checked because of incorrect registration details or your email settings, a notice sent normally to the correct registered destination is treated as received when it would normally have arrived. This does not apply where we are responsible, or to formation of a sales contract or another declaration for which actual receipt is required by law.

Submit cancellation requests, return requests and other applications through the support chat specified on the Service or another method we separately provide.

Article 24. Assignment

Without our prior written consent, you may not transfer, assign, pledge or otherwise pass to a third party your contractual position, rights or obligations under these Terms or a sales contract.

Article 25. Changes to these Terms

We may change these Terms in accordance with Japanese civil law and other applicable laws where:

  • The change serves customers' general interests.
  • The change is consistent with the purpose of the contract and reasonable in light of its necessity, the appropriateness of its terms and other circumstances.

We will announce the changes and effective date through the Service or another appropriate method before they take effect. The revised Terms apply from the announced effective date.

The conditions displayed when you ordered apply to the sale of products unless applicable law requires otherwise or a change is favourable to you.

Article 26. Severability

If any part of these Terms is held invalid or unenforceable under applicable law, the remaining provisions remain in effect.

Article 27. Governing law and jurisdiction

Japanese law governs our Terms of Service and sales contracts. If laws applicable to your transaction contain provisions that cannot be excluded by contract, those provisions apply to the extent required. All conditions below are subject to this rule.

To the extent permitted by law, the Tokyo District Court or Tokyo Summary Court has exclusive jurisdiction at first instance over disputes between you and us concerning the Service or these Terms.

Enquiries

For enquiries about these Terms, orders, cancellations or returns, use the support chat at the bottom of the store.