These Terms of Service (hereinafter referred to as "these Terms") define the conditions for using the online shop (hereinafter referred to as "the Service") provided on this website by Artworks Miyazawa Inc. (hereinafter referred to as "the Company"). Users (hereinafter referred to as "Users") shall use the Service in accordance with these Terms.
Article 1 (Application)
1.These Terms shall apply to all relationships between the User and the Company regarding the use of the Service.
2.In addition to these Terms, the Company may establish various rules and regulations regarding the Service (hereinafter referred to as "Individual Provisions"). Regardless of their name, these Individual Provisions shall constitute a part of these Terms.
3.If any provision of these Terms contradicts the Individual Provisions mentioned in the preceding paragraph, the Individual Provisions shall prevail unless otherwise specified.
Article 2 (Sales Contract)
1.A sales contract shall be established when a User applies to purchase a product through the Service and the Company notifies the User of its acceptance of the application. Ownership of the product shall transfer to the User at the time the Company delivers the product to the shipping carrier.
2.The Company may terminate the sales contract mentioned in the preceding paragraph without prior notice to the User if the User falls under any of the following:
・If the User violates these Terms.
・If delivery of the product cannot be completed due to an unknown destination or prolonged absence.
・In any other case where the Company deems that the relationship of trust with the User has been impaired.
3.Payment methods, shipping methods, cancellation methods for purchase applications, and return methods regarding the Service shall be governed by the methods separately determined by the Company (such as various policies).
Article 3 (Intellectual Property Rights)
Copyrights and other intellectual property rights of the products and other content provided through the Service (hereinafter referred to as "Content") belong to the Company, the content provider (the Artist), and other legitimate right holders. Users are prohibited from reproducing, reprinting, modifying, or making any other secondary use of the Content without authorization.
Article 4 (Prohibited Acts)
In using the Service, Users shall not engage in the following acts:
1.Acts that violate laws, regulations, or public order and morals.
2.Acts related to criminal activities.
3.Acts that infringe on copyrights, trademarks, or other intellectual property rights included in the Service.
4.Acts that destroy or interfere with the functions of the Company's servers or networks.
5.Commercial use of information obtained through the Service.
6.Acts that may interfere with the operation of the Company's services.
7.Unauthorized access or attempts to do so.
8.Collecting or accumulating personal information about other Users.
9.Impersonating another User.
10.Providing benefits directly or indirectly to anti-social forces in connection with the Company's services.
11.Any other acts that the Company deems inappropriate.
Article 5 (Suspension of the Service, etc.)
1.The Company may suspend or interrupt the provision of all or part of the Service without prior notice to the User if it determines that any of the following reasons exist:
・When performing maintenance, inspection, or updates of the computer system related to the Service.
・When the provision of the Service becomes difficult due to force majeure such as earthquakes, lightning, fire, power outages, or natural disasters.
・When computers or communication lines stop due to an accident.
・In any other case where the Company deems the provision of the Service to be difficult.
2.The Company shall not be liable for any disadvantage or damage suffered by the User or a third party due to the suspension or interruption of the Service, regardless of the reason.
Article 6 (Restriction of Use and De-registration)
1.The Company may restrict the use of all or part of the Service or terminate the User's registration without prior notice in the following cases:
・If the User violates any provision of these Terms.
・If it is found that there are false facts in the registration information.
・If the credit card registered by the User as a payment method is suspended.
・In the event of default in payment of fees or other obligations.
・If there is no response to communication from the Company for a certain period.
・If the Service has not been used for a certain period since the last use.
・In any other case where the Company deems the use of the Service to be inappropriate.
2.The Company shall not be liable for any damage caused to the User by the actions taken by the Company based on this Article.
Article 7 (Disclaimer of Warranties and Limitation of Liability)
1.The Company does not guarantee that the Service is free from factual or legal defects (including defects related to safety, reliability, accuracy, completeness, effectiveness, fitness for a particular purpose, security, errors, bugs, or infringement of rights).
2.The Company shall not be liable for any damage caused to the User by the Service. However, if the contract between the Company and the User regarding the Service (including these Terms) constitutes a consumer contract as defined by the Consumer Contract Act, this disclaimer shall not apply. Nevertheless, even in such cases, the Company shall not be liable for damages arising from special circumstances (including cases where the Company or the User foresaw or could have foreseen the occurrence of the damage) among the damages caused to the User due to the Company's negligence (excluding gross negligence).
3.The Company is not responsible for any transactions, communications, or disputes arising between the User and other Users or third parties regarding the Service.
Article 8 (Changes to Service Content, etc.)
The Company may change the content of the Service or discontinue the provision of the Service without notice to the User, and shall not be liable for any damage caused to the User as a result.
Article 9 (Changes to the Terms of Service)
The Company may change these Terms at any time without notice to the User if it deems it necessary. If the User starts using the Service after the changes to these Terms, the User shall be deemed to have agreed to the modified Terms.
Article 10 (Handling of Personal Information)
The Company shall appropriately handle personal information obtained through the use of the Service in accordance with the Company's "Privacy Policy."
Article 11 (Notification or Communication)
Notification or communication between the User and the Company shall be conducted by the method determined by the Company. Unless the User submits a change notification in accordance with the method separately determined by the Company, the Company will assume that the currently registered contact information is valid and conduct notifications or communications to that contact information, which shall be deemed to have reached the User at the time of dispatch.
Article 12 (Prohibition of Transfer of Rights and Obligations)
The User may not transfer their status under the usage contract or the rights or obligations based on these Terms to a third party or provide them as collateral without the prior written consent of the Company.
Article 13 (International Shipping, Customs Duties, and Import Restrictions, etc.)
1.Import duties, consumption taxes (VAT, etc.), and customs clearance fees incurred for shipments outside of Japan shall be borne entirely by the recipient (the User).
2.The Company shall not be liable for the purchase of products prohibited by the laws of the destination country or for any seizure by customs.
3.In the event that a product is returned to Japan due to refusal to pay customs duties or prolonged absence, the Company may terminate the sales contract and charge the User for the round-trip shipping costs and actual expenses incurred.
Article 14 (Product Reproduction/Representation)
While the Company strives to reproduce the colors of the actual products in the product images as accurately as possible, the actual colors may differ depending on the User's viewing environment. Returns or exchanges for this reason will not be accepted.
Article 15 (Prohibition of Commercial Use)
Users may not reproduce, resell, modify, or use any products or content obtained through the Service beyond the scope of private use without the prior written consent of the Company.
Article 16 (Use by Minors)
If a minor User uses the Service, they shall do so with the consent of a legal representative (such as a person with parental authority).
Article 17 (Governing Law and Jurisdiction)
1.In interpreting these Terms, the laws of Japan shall be the governing law. The application of the United Nations Convention on Contracts for the International Sale of Goods shall be excluded regarding the Service.
2.In the event of a dispute regarding the Service, the court having jurisdiction over the location of the Company's head office shall be the exclusive agreement jurisdictional court.
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