Terms of service

Article 1 – Scope of the Terms of Use and Revisions

These Terms of Use govern solely the cross-border transactions (i.e., international orders shipped outside Japan) conducted through the Gymphlex online store (the “Site”) operated by BSHOP INC. (the “Company”).

The Terms of Use are applicable to the Company and the User (as defined in Article 2 below) with regard to the use of the Site. Purchases of products from the Company can be made through the Site (hereinafter referred to as the “Product”).

Users of the Site acknowledge that the Company has the right to revise or update, in whole or in part, these Terms of Use without obtaining prior consent from the User. The Company will inform the User of any such revision or update in a manner the Company deems appropriate. Once the Company revises or updates these Terms of Use, the revised or updated provisions shall apply to the User’s use of the Site. An order that has already been placed is governed by the version of these Terms of Use in force at the time the order was placed.

Cross-border purchases are made directly between the User and the Company, and the Company is the seller. The order processing, sales contract, payment, duties and taxes, delivery, returns and any other transaction-related matters are governed by these Terms of Use and, where applicable, by the mandatory consumer protection laws of the User’s country or region of residence, which these Terms of Use do not limit.

Article 2 – User and Member

The term “User” means any individual that uses the Site under the Terms of Use. Any use of the Site will constitute an acceptance of and agreement to comply with the Terms of Use.

The term “Member” means any User whose membership regarding the use of the Site was approved by the Company based on his/her application for membership registration by following the procedures prescribed by the Company. Registration submitted by an agent or representative shall not be approved.

The Company may at its discretion cancel the registration in the following cases:

(1) The applicant has breached any terms and conditions with respect to any services provided by the Company in the past, and the applicant’s membership was canceled as a penalty;

(2) A false statement has been included in the application information;

(3) The applicant delays fulfilling their obligation to make payments, and/or the Company is not able to confirm receipt of the Product for a long period of time, and/or refusal to return or exchange the Product, or other defaults in relation to the use of the Site;

(4) The membership application is determined to have been completed by an agent as described in Paragraph 2 above;

(5) Prohibited Conducts (as provided in Article 6 below) by the applicant in the past;

(6) For other reasons which the Company considers as reasonable in relation to operating and managing the Site.

Even in cases in which the Company cancels the membership registration pursuant to this Article 2, the User whose membership is canceled shall not be exempted from liability for obligations (including, but not limited to, payment obligations) that have already accrued under the Terms of Use.

Article 3 – Change of Registered Information

(1) If there is any change in any part of registered information submitted to the Company, the Member shall immediately update such registered information according to the method specified by the Company. In the absence of such update, any process carried out by the Company based on the Member’s registered information shall be deemed correct and valid.

(2) The Company shall not be liable for any damages or losses caused by the Member’s failure to properly update the registered information.

(3) The Company shall not be responsible for any delay, non-delivery, or return of the Product resulting from inaccurate or outdated registered information.

Article 4 – User ID and Password Management

Member shall be solely responsible for the use and management of the User ID and password they set in relation to registration for membership on the Site.

Member shall not assign, transfer, sell, lend, disclose, or leak their User ID or password to any third party.

Member shall immediately notify the Company of any unauthorized use of the Member’s account that is known or suspected by the Member.

The Company shall not be liable for any damages resulting from (a) inappropriate use or management of the User ID or password, as well as the Member’s credit card number, or (b) unauthorized or illegal use of the User ID, password, or credit card number by any third party.

Article 5 – Cancellation of Membership

If a Member wishes to cancel their membership, the Member shall contact the Company through the member account page of the Site to request cancellation.

Article 6 – Prohibited Conducts

Users and Members are prohibited from engaging in any of the following acts:

• Acts that violate or may violate applicable laws or public policy.
• Acts that constitute or may constitute criminal behavior.
• Submitting registration information containing false or inaccurate details, including registering third-party information without authorization.
• Unauthorized use of a User ID or password, including allowing any third party to access or use the Site through the User’s credentials.
• Acts that infringe or may infringe intellectual property rights, image rights, privacy rights, publicity rights, or any other rights of other Users, third parties, or the Company.
• Defamatory acts, including libel, slander, or any behavior that harms or may harm the reputation of other Users, third parties, or the Company.
• Acts that cause or may cause inconvenience, loss, or damage to other Users, third parties, or the Company.
• Using the Site for business purposes, including reselling Products or making purchases under the instruction of a third party.
• Collecting, storing, or accumulating information related to other Users’ activity on the Site.
• Transferring or assigning membership rights or status to another User or third party, or allowing such parties to exercise those rights.
• Uploading, transmitting, or distributing computer viruses, malicious programs, or any data intended to interfere with, destroy, or limit the operation of systems, software, hardware, or communication equipment used by the Company.
• Improper or fraudulent use of credit cards or other payment methods in connection with the Site.
• Any other conduct that the Company deems inappropriate, including improper or fraudulent use of the Site.

Article 7 – Intellectual Property Rights

This Site, including all content, design elements, text, images, graphics, logos, product photographs, videos, software, and other materials made available through the Site (collectively, the “Content”), is protected by copyrights, trademarks, and other intellectual property rights owned by the Company or licensed to the Company by third parties.

Users may not reproduce, modify, adapt, translate, publish, sell, distribute, transmit, display, or otherwise use any part of the Content without the prior written permission of the Company. Any unauthorized use of the Content constitutes an infringement of intellectual property rights and may result in civil or criminal liability.

Users may download or print Content only when explicitly permitted by the Site and solely for personal and non-commercial purposes. Such permitted use does not grant any ownership rights or licenses to the User.

If any dispute arises between a User and a third party in connection with the User’s use of the Content or violation of intellectual property rights, the User shall resolve the matter at their own responsibility and expense, and shall indemnify the Company against any damages, claims, or losses arising therefrom.

Article 8 – Purchase, Payment and Delivery

(1) Users may purchase Products through the Site by submitting an offer to purchase according to the procedures specified on the Site.

(2) An order submitted by the User is an offer to purchase, and the Company may decline it, for example where a Product is unavailable or is incorrectly priced or described. The order confirmation email sent automatically after the order is placed only acknowledges receipt of the order and is not an acceptance of it. The sales contract between the User and the Company is formed when the Company sends the User a dispatch confirmation email as the Products are dispatched. Orders are shipped from Japan.

(3) The total amount payable by the User consists of the product price and shipping fees displayed at checkout, and any taxes shown at checkout. Prices are displayed and charged in the currency shown at checkout. The Company may change prices at any time without notice, but a change does not affect an order that has already been placed.

(4) Unless it is stated at checkout that import duties and taxes are included, the price does not include import duties, customs fees, or taxes imposed by the destination country or region. The User is responsible for paying them, and they may be collected by the carrier or customs authority before or upon delivery. The Company has no control over these charges. If the User refuses to accept the parcel or fails to pay these charges, and the parcel is returned to the Company, the Company may deduct the shipping and handling costs incurred from the refund, to the extent permitted by applicable laws.

(5) Payment is made by the payment methods displayed at checkout and is processed by third-party payment service providers integrated with the Site. Payment is confirmed when the order is placed. The User confirms that the payment method used is the User’s own. All payments are subject to validation checks and authorization by the payment service providers or card issuers; if a payment is refused or not authorized, the Company will not accept the order. The Company is not responsible for any fees charged by the User’s card issuer, bank or payment service provider. The Company does not store full credit card numbers.

(6) The Company reserves the right, at its sole discretion, to cancel any order in the event of pricing errors, stock discrepancies, system errors, or any other inaccuracies or omissions related to product information or availability. In that case, the Company will refund any amount already paid.

(7) To the extent permitted by applicable laws, the Company shall not be liable for any delays, denials, costs, or other issues arising from the processing of payments by payment service providers, or from taxes and customs procedures imposed by public authorities.

(8) Orders are sent to the delivery address entered by the User at checkout. The Company is not responsible for a failed or delayed delivery caused by an incorrect address. Products can be delivered only to the countries and regions shown at checkout.

(9) Title to the Products passes to the User on the later of (a) the date the Company receives payment in full for the Products and (b) the date the Products are delivered to the delivery address.

(10) The risk of loss of or damage to the Products passes to the User when the User (or a person nominated by the User) receives the Products.

(11) The Company may deliver the Products in instalments. If the Products in one order are delivered separately, the 14-day periods under Article 9(3) start on the day the last Product is received.

(12) Estimated dispatch and delivery times are shown at checkout or on the Site’s shipping information page. Actual delivery times may be affected by customs procedures, delivery providers and other circumstances outside the Company’s reasonable control.

Article 9 – Cancellation, Returns and Refunds

(1) For orders shipped outside Japan, all return, refund, and after-sales service inquiries must begin by contacting the Company through the customer support page or by email at info@gymphlex.com.

(2) A return may be permitted in the following cases:

・the Product is found to be defective;

・an incorrect Product was delivered; or

・the Product was damaged during shipping.

The User must contact the Company within 30 days after delivery, stating the order number and, where possible, attaching photos of the Product. The Company will verify the case and, if it is confirmed, guide the User through the return process, bear the return shipping costs, and arrange a replacement or a refund of the amount paid using the same payment method.

(3) Cancellation (all Users). If for any reason the User does not wish to keep a Product, the User may cancel the order by contacting the Company by email at info@gymphlex.com within 14 days after the day on which the User receives the Product (if the Products in one order are delivered separately, after receiving the last of them). The User must return the Product within 14 days after contacting the Company. The Product must be returned unused and in its original condition; please return it in its original packaging with its tags attached, together with proof of purchase. Return shipping costs are borne by the User. The Company will refund the price of the Product and the standard delivery charge to the original payment method within 14 days after receiving the returned Product. The Company may reduce the refund to reflect any loss in value caused by the User handling the Product in a way that would not be permitted in a shop. This paragraph does not apply to Products made to the User’s specifications or clearly personalised. After the 14-day period, a return is accepted only under paragraph (2).

(4) Users in the European Economic Area (EEA) and the United Kingdom who are consumers have statutory rights of withdrawal under mandatory law, and may use the model withdrawal form in the Annex to these Terms of Use (or any other clear statement) to exercise them. Where those rights are more favourable to the User than paragraph (3) (for example, as to the time within which a refund is made), the mandatory law applies. Such Users also have the benefit of the statutory legal guarantee of conformity for goods under the laws of their country or region, which these Terms of Use do not limit. Users in other countries or regions may likewise have rights under the mandatory laws of their country or region. These Terms of Use do not limit such rights.

(5) Returns must be sent to the address designated by the Company, which may be the address of the Company’s logistics partner. Returns sent to any other address may not be processed.

(6) Refunds are made to the original payment method. The time it takes for the refund to appear depends on the User’s payment service provider. Import duties, customs fees and taxes that the User paid on the original purchase cannot be refunded by the Company.

(7) No exchange service is offered, except for the replacement of a defective Product under paragraph (2). In any other case, if the User wishes to receive a replacement or a different item, the User must complete the return process and place a new order.

(8) The Company cannot accept the return of products that were not purchased from the Site.

Article 10 – Product-related Disclaimer

(1) Except as expressly provided in Article 9 or required under applicable laws and regulations, the Company makes no warranties, express or implied, regarding the quality, materials, functionality, performance, compatibility, or any other characteristics of the Products sold through the Site.

(2) The Company is responsible for the Products until they are received by the User, as provided in Article 8(10). The Company is not responsible for delays or failures caused by customs inspections or procedures, by incorrect or incomplete delivery information provided by the User, or by events beyond the Company’s reasonable control. If a Product is lost or damaged in transit, the User should contact the Company promptly. The Company will cooperate with the delivery provider and handle the matter in accordance with Article 9.

(3) Product descriptions, images, colors, and sizing information displayed on the Site are provided for general guidance only. Actual colors, textures, or details may vary depending on device display settings, lighting conditions, or production variations. The Company shall not be liable for any discrepancies arising from such factors.

(4) Unless explicitly stated otherwise, the Company does not guarantee that the Product complies with any standards, regulations, or certification requirements outside Japan. Users are responsible for determining whether the Product is suitable for use, importation, or possession under the laws and regulations of their country or region.

(5) The Company shall not be liable for any losses, costs, or damages arising from:

(a) misuse, modification, or improper handling of the Product by the User;

(b) normal wear and tear;

(c) failure to follow instructions or care labels;

(d) the User’s independent judgment regarding the suitability or intended use of the Product.

(6) If any issue arises from inaccurate, incomplete, or incorrect information provided by the User (including delivery address, contact details, or order information), the Company shall not be liable for any resulting delays, delivery failures, or inability to complete the order.

(7) The Company supplies the Products for personal and domestic use only. The Company therefore has no liability to the User for any loss of profit, loss of business, business interruption, loss of business opportunity, loss of goodwill or any other business or economic loss. This does not limit the Company’s liability where it cannot be limited under applicable laws.

(8) Nothing in these Terms of Use excludes or limits any right or liability that cannot be excluded or limited under the mandatory laws of the User’s country or region of residence, including mandatory consumer protection laws.

Article 11 – Management of Information

(1) The Company may collect information relating to the User’s use of the Site, including access logs, IP address information, device identifiers, cookies, browsing data, and information provided by the User during account registration or the purchase process.

(2) The User agrees that the Company may entrust the processing or storage of such information to service providers, including but not limited to our online store platform provider (Shopify), payment service providers, our warehouse and logistics partner, delivery providers, and other third-party vendors engaged for data hosting, analytics, advertising, and customer service.

(3) The Company uses the collected information for the following purposes:

(1) User account administration

(2) Providing email newsletters and notifications

(3) Advertising, promotion, and introduction of the Company’s products and services

(4) Order processing, shipment, delivery management, and after-sales service

(5) Responding to inquiries and providing customer support

(6) Planning and operating campaigns or surveys

(7) Providing content related to the Company’s products and services

(8) Marketing and analytics (using anonymized or aggregated data)

(4) The Company will not disclose or provide personal information to third parties without the User’s prior consent, except in the following cases:

(1) Information processed as statistical data that does not identify the User

(2) Disclosure required by applicable laws or regulations

(3) Disclosure necessary to protect the rights, safety, or property of the Company or third parties

(4) Disclosure necessary for order processing, payment processing, shipment, or return/refund handling, in which case information may be provided to contracted service providers such as payment service providers, our warehouse and logistics partner, and delivery providers

(5) The Company may delete or restrict the use of comments, submissions, or other information provided by the User if such content is determined to constitute or potentially constitute defamation, infringement of rights, or a violation of applicable laws or regulations.

(6) Except as provided in this Article 11, the handling of personal information is governed by the Company’s separate Privacy Policy.

Article 12 – Privacy Policy

Use of the Site is subject to the Company’s separately established Privacy Policy, and by using the Site, the User acknowledges and agrees that their personal information will be collected, used, processed, and managed in accordance with that Privacy Policy.

Article 13 – Change, Termination or Suspension of the Service through the Site

(1) The Company may change, suspend, or terminate all or part of the services provided through the Site (the “Service”) without prior notice to or consent from the User in any of the following cases:

(1) When ordinary or emergency maintenance, inspection, or updating of the computer systems used for the Service (the “System”) is required;

(2) When operation of the System becomes difficult due to fire, power outage, natural disaster, war, riot, civil commotion, labor dispute, epidemic, changes in laws or regulations, governmental orders, or any other event of force majeure or circumstances beyond the Company’s reasonable control;

(3) When operation of the System becomes difficult due to interference, unauthorized access, or other obstructive acts by a third party;

(4) In any other case where the Company reasonably determines that suspension or termination of the System or the Service is necessary for operational or technical reasons.

(2) In any case of change, suspension, or termination of the Service pursuant to this Article 13, the Company shall not be liable for any damages or losses arising therefrom, to the maximum extent permitted by applicable laws and regulations.

Article 14 – Governing Law and Jurisdiction

These Terms of Use shall be governed by and interpreted in accordance with the laws of Japan, without regard to principles of conflict of laws.

Any dispute, controversy, or claim arising out of or relating to the use of the Site or these Terms of Use shall be submitted to the exclusive jurisdiction of the Tokyo District Court as the court of first instance. Users agree to this jurisdiction by using the Site.

This Article does not deprive a User who is a consumer of the protection of the mandatory provisions of the law of the country or region where they live, or of any right to bring proceedings before the courts of that country or region where mandatory law so provides.

Article 15 – Suspension or Termination by the Company

The Company may, at its sole discretion, suspend the User’s access to the Site, restrict the use of certain services, or cancel the User’s membership without prior notice in any of the following circumstances:

(1) The User has previously had their membership revoked due to a violation of any terms or conditions applicable to services provided by the Company.

(2) The User is found to have submitted false, inaccurate, or incomplete registration information.

(3) The User, without just cause:

・delays payment obligations,

・fails to receive the Product for an extended period,

・makes unreasonable demands for returns or exchanges, or

・otherwise defaults on obligations arising from the use of the Site.

(4) The User has engaged in any conduct falling under “Prohibited Conducts” described in Article 6.

(5) The Company reasonably determines that suspension or cancellation is necessary for the operation, security, or management of the Site.

Even if a User’s access is suspended or their membership is cancelled, the User shall not be exempt from fulfilling obligations already incurred under these Terms of Use, including but not limited to payment obligations.

Article 16 – General Provisions

(1) The Company may transfer, assign or sub-contract all or any of its rights and obligations under these Terms of Use, provided that the User’s rights are not affected. The User may not assign, sub-contract or otherwise transfer any of the User’s rights or obligations under these Terms of Use without the Company’s written consent.

(2) The Company is not responsible for any delay or failure to perform its obligations under these Terms of Use if the delay or failure arises from causes beyond its reasonable control.

(3) Each provision of these Terms of Use is to be interpreted separately. If any provision is found to be invalid, void or unenforceable, it is severed from the rest and does not affect the validity or enforceability of the other provisions.

(4) These Terms of Use do not affect the User’s statutory rights as a consumer.

(5) These Terms of Use are written in English and translated into Japanese for reference. If there is any inconsistency between the two versions, the English version prevails.

Article 17 – Contact Information

If you have any questions about the Site or these Terms of Use, or any complaint about a Product you purchased, please contact us:

BSHOP INC. – Gymphlex Official Site Customer Center
Address: 9th Floor, Kobe Asahi Building, 59 Naniwacho, Chuo-ku, Kobe City, Hyogo Prefecture 650-0035, Japan
Email: info@gymphlex.com
Tel: +81-3-5775-3266

Annex – Model Withdrawal Form

(Complete and return this form only if you wish to withdraw from the contract.)

To: BSHOP INC., 9th Floor, Kobe Asahi Building, 59 Naniwacho, Chuo-ku, Kobe City, Hyogo Prefecture 650-0035, Japan; Email: info@gymphlex.com

I/We hereby give notice that I/We withdraw from my/our contract of sale of the following goods:

Ordered on / received on:

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s) (only if this form is notified on paper):

Date: