Terms of Service
When you use the services of POSTERS ONLINE SHOP, you agree to the following terms and conditions. Please read the terms and conditions carefully before using the services.
POSTERS ONLINE SHOP Terms of Service
POSTERS ONLINE SHOP Terms of Service
Article 1 (Definitions)
The following terms used in Terms of Service shall have the following meanings.
- "Terms of Service" means POSTERS ONLINE SHOP’s terms of use.
- "Company" means OUR FAVOURITE SHOP Co., Ltd.
- "Website" means the website of POSTERS ONLINE SHOP operated by Company.
- "Services" means the various services provided by Company on Website, including online sales services.
- "Product" means a POSTERS work that is a product sold through Services (including, but not limited to, a work reproduced with the permission of the copyright holder).
- "Partner Service" means "Startbahn Cert." that is the service provided by Startbahn Co., Ltd. (hereinafter referred to as "Partner Company"), which is affiliated with Company. "Startbahn Cert." is used for authenticating and recording the ownership history of Product.
- "User" means a customer using Service and Website, and includes customer who wishes to become User.
- "Member" means User using Service who has completed membership registration in accordance with the method specified by Company, and includes customer who wishes to become a member.
- "Minor": A person who has not reached the age of majority to enter into a valid sales contract alone. The age of majority shall be in accordance with the laws of the country or region where User resides.
Article 2 (Scope of application and priority)
- Terms of Service shall apply to all transactions between User and Company conducted through Website and Services. If User does not agree to Terms of Service, User may not use Website or Services.
- In the event that the page with details about Product on Website contain terms and conditions that are inconsistent with Terms of Service, the terms and conditions on the page with details about Product shall prevail.
Article 3 (Disclosure and Amendment)
- Terms of Service shall be disclosed to User by posting on Website or by other means designated by Company.
- Company reserves the right to amend Terms of Service. Company may amend Terms of Service if the amendment to Terms of Service comforts the general interest of User; or if the amendment to Terms of Service does not violate the purpose of the contract, and it is reasonable in light of the circumstances concerning the amendment such as the necessity of the amendment, the appropriateness of the details. In such cases, Company does not have to obtain the consent of User, and the terms and conditions of use of Website and Services shall be governed by Terms of Service as amended.
- In the event that Company determines that any of the amendments described in the preceding paragraph are important amendments that may be detrimental to the general interests of User, Company will provide a reasonable period of advance notice to User by posting a notice on Website to the effect that amendments will be made, the details of the amendments, and the effective date of the amendments.
- If User uses Website or Services after the amendments to Terms of Service become effective, the User shall be deemed to have agreed to all of the contents of Terms of Service after the amendments. If User does not agree to the revised Terms of Service, User may not use Services.
Article 4 (Membership Registration and Withdrawal Procedures)
- User may use services for Member by completing the membership registration in accordance with the method specified by Company.
- User are registered as a Member when User enters their name, e-mail address, and account password into Website.
- Notwithstanding the provisions of the preceding paragraph, in the event that Member is found to fall under any of the following items, Company may, at its discretion, restrict the use of Services. Company shall not be liable for any damages, etc. incurred by Member or third parties, and shall not be obligated to disclose the reasons for the restrictions.
- When the information that is provided at registration contains false information.
- When the same person registers more than two account.
- In the past, in relation to any services provided by Company or Partner Service, there has been a delay in payment of fees, unreceivable of Product or refusal to receive Product, etc., including excessive requests for returns or exchanges for which there is no due reasons, or any other default.
- With respect to Services, when there is a delay in payment or other default of obligations similar to the preceding item.
- When Member falls under any of the items in Article 15, Paragraphs 1 and 2.
- When Member has been suspended from using the service or had their membership registration terminated in the past for Services or any other service provided by Company or Partner Service.
- When Company reasonably determines from objective facts that Member has violated or is likely to violate Terms of Service.
- When Company determines that Member belongs to an anti-social force such as a crime syndicate, a member of a crime syndicate, a quasi-member of a crime syndicate, a company related to a crime syndicate, a corporate extortionist or other socially motivated group, or a special intelligent violence group.
- In addition to the preceding items, when Company reasonably judges from objective facts that it is inappropriate to provide the Services.
- Member may withdraw from Member at any time in accordance with the method specified by Company. Members shall lose their membership status at the time Company receives their withdrawal request.
Article 5 (Management of Registered Email Address and Password)
- Member shall use the email address (hereinafter referred to as "Registered Email Address") and password registered at the time of membership registration to use the Services. Member shall manage their Registered Email Address and password at their own responsibility.
- Member shall not disclose, leak, lend, assign, transfer, buy or sell, collateralize their Registered Email Address and password. Member also shall not allow a third party (including other Member) to use and otherwise the Registered Email Address and password.
- Member shall be responsible for any damage caused by inadequate management of their Registered Email Address and password, errors in use, or allowing a third party (including other Member) to use and otherwise their email address and password, and Company shall not be liable for any compensation or damages.
- In the event that Member discovers that their Registered Email Address and password are used illegally by a third party (including other Member), Member shall immediately contact Company and follow any instructions given by Company.
- When the login information that is sent in connection with access to Website is the same as the login information registered with Company, Company may deem that Member has logged in.
- When Member wants to change their Registered Email Address or password, Member shall take procedures in accordance with the method specified by Company.
Article 6 (Protection of Privacy)
In accordance with "Privacy Policy" established by Company, Company shall properly handle Member’s information, including personal information, obtained by Company in connection with the use of Website or Services (Please refer to "Privacy Policy" for details).
Article 7 (Provision of Services and Partner Service)
- Services provided on Website shall be as follows. However, please also check the detail information of Services separately displayed on Website.
- Online sales of Product through Website.
- Supporting for User to use Partner Service.
- Other services incidental or related to the preceding items.
- Company may add, delete, and change the contents of Services as specified in the preceding paragraph without the consent of User. Company shall not be liable for any damages, etc. incurred by User due to the deletion or change of Services.
- Partner Service shall be provided to User by linking to, or otherwise, the website or resource operated by Partner Company. The details of Partner Service are displayed on Partner Company’s website. User shall comply with the terms and conditions of Partner Company when using Partner Service. (Please refer to the Partner Company’s website for details).
Article 8 (Procedure of Purchase and Payment)
- When User wants to purchase Product, User shall order for purchase according to the procedure specified by Company. In addition, User shall register as a user of Partner Service on the "Partner Company website" when making payment for the first time. The policies regarding purchase orders, changes and cancellations of the purchase order, vary depending on the product (Please refer to "The page with details about Product" and the "User Guide" or "FAQ" for other purchase policies).
- If the User is minor, User may not order for the purchase.
- Payment for Product shall be made in accordance with the following items.
- The purchase price of Product displayed on Website includes only the price of Product, and does not include shipping and handling charges, customs duties, taxes, or customs clearance fees. Please note that User must pay the costs separately.
- The payment method for Product shall be limited to credit card payment in the User's name, PayPal, or any other payment method separately approved by Company.
- In the case of payment by credit card or PayPal, User shall comply with the terms and conditions applied between the User and the credit card company or payment service operator. If any dispute arises between the User and the credit card company or payment service provider in relation to payment, User shall resolve the dispute at their own risk. Company does not retain information on the credit card used by User for payment.
- When Company sends User an order completion email, purchase agreement for Product shall be established between User and Company.
- Notwithstanding the provisions of the preceding paragraph, in the event of fraudulent or inappropriate conduct by User with respect to the use of Services, Company may terminate the purchase agreement or take any other action deemed appropriate by Company.
Article 9 (Obligation of Delivery and Transfer of Ownership)
- Company shall deliver Product to the address specified by User at the time of order for purchase. Company shall be deemed to have completed the performance of its obligation to deliver Product as the Seller when the delivery completion is confirmed by the delivery company entrusted by Company.
- The ownership of Product purchased by User shall be transferred to User when User receives Product.
The ownership of Product purchased by User shall be transferred to User when User receives Product.
Return of Product shall be accepted only if any of the following items applies and Company is notified within a certain period that is determined by Company. (For details of the procedure, etc., please refer to "FAQ")
- In the event that Product does not conform to the terms of the purchase agreement before the delivery of Product.
- In the event that User receives Product that is different from the one ordered.
- In the event that it may be concretely determined from objective facts that Product was damaged during delivery.
Article 11 (Delivery and Redelivery)
- Product may be delivered within Japan and to other countries and regions as specified separately (please refer to the FAQ for countries and regions where delivery is possible and handling charges). Depending on the specific Product, it may not be delivered to the specified country or region. Company shall deliver only the country or region where User who purchased Product resides.
- The available period and conditions for redelivery vary depending on the country, region, and delivery company.
- In the event that User is unable to receive Product even after redelivery, or User refuses to receive Product without due reasons, User may be held legally responsible for defaulting on the purchase agreement.
- The estimated date of arrival of Product and the URL of the shipping Company's website for checking delivery status will be included in the e-mail sent by Company to inform you of the shipment of Product. Company will make every effort to deliver Product by the scheduled arrival date, but delivery may be delayed due to unavoidable circumstances. In addition, delivery may not be possible even in areas where delivery is available due to social conditions, natural disasters, or other reasons not attributable to Company (hereinafter referred to as "Force Majeure"). Company shall not be held responsible for any damages incurred by User due to delays in the arrival of Product or the impossibility to deliver due to Force Majeure.
- Important information regarding the delivery of Product shall be provided separately on Website (Please refer to the "FAQ" for details).
Article 12 (Customs duties and procedures for delivery outside Japan)
- In the event that User receives Product in a country or region other than Japan, User will be charged taxes (Duty, Tax, VAT) and customs fees. Taxes will be calculated and billed based on Product price and shipping charges shown on the invoice.
- Depending on the country or region to which Product is to be shipped, the delivery company may require User to submit additional documents. User shall take procedures in accordance with the instructions given by the shipping company. Please note that if the prescribed procedures are not taken, Company may not deliver Product.
Article 13 (Non-warranty of Product Images)
- Company shall make every effort to reproduce the actual color tone of Product as much as possible when displaying the images of Product on Website, but the color tone and texture may differ depending on the devices, settings, and communication environment, etc. used by User. User shall understand and acknowledge that the Product images do not represent the colors of Product completely and accurately. Company does not guarantee the completeness and accuracy of the Product images.
- User agrees not to export, re-export, or transfer Product to any country or region subject to trade embargoes and sanctions, or to any vendor identified on the U.S. Treasury Department's list of Specified Nationals or the European Union Sanctions List. Company shall not be liable for any damage caused by User's violation of this paragraph.
Article 14 (Compliance with the Transfer of Product)
- In the event that User transfers ownership of Product (limited to posters with certificates) by resale or free transfer, User shall use Partner Service to apply for the recording of the transfer of ownership (Please refer to the Partner Company website for details).
- In the event that Product is resold or transferred free of charge without the application set forth in the preceding paragraph, Partner Service will not be able to keep a record of the ownership history of Product, and in any case it will be impossible to prove the authenticity of Product.
Article 15 (Prohibited Acts)
- In using Website or Services, User shall not commit any act that falls under or may fall under any of the following items. In case such action is recognized, at Company’s discretion, without prior notice to User, Company may suspend part or all of Website or Services, or may disqualify Membership.
- The act of reproducing, distributing, transmission to the public, modifying, licensing to a third party, or otherwise using Website or Services for any purpose other than User's own personal use of Website or the digital data or programs on Website.
- Deleting the copyright owner’s notice on Website.
- Reverse engineering, decompiling, or disassembling of Website.
- Unauthorized access to, falsification of, or deletion of Website, Services, or Partner Service.
- Sending information that contains computer viruses, ransomware, or other harmful programs, or making such information available to third parties.
- Accessing the facilities of a third party or the facilities for Website (including communication facilities, computers, and other equipment and software prepared by Company to provide Services) without authorization, or interfering with their use or operation.
- Infringement on the rights or interests of Company or any other third party.
- To slander or insult Company or any other third party, to damage the honor, trust, or privacy, etc. of Company or any other third party, or to interfere with the business of Company or any other third party by excessive transmission, threats, harassment, or any other means that deviate from the purpose of using Services.
- Actions that violate the provisions of Terms of Service, laws, penal regulations, or public policy.
- In addition to the above, acts that Company deems inappropriate based on objective facts.
- In using Services, User shall not commit any act that falls under or may fall under any of the following items. In case such action is recognized, at Company’s discretion, without prior notice to User, Company may suspend part or all of Services, or may disqualify Membership.
- Using of Services or Partner Service by impersonating a third party.
- The act of underage User purchasing Product, including falsifying his/her age.
- Using the Registered Email Address and password for wrongful purposes.
- When there is a delay in payment.
- Returning Product without a due reasons.
- Refusal of acceptance of Product without due reasons.
- Reproducing, distributing, transmission to the public, modifying, licensing to a third party, or otherwise using Product in whole or in part for any purpose other than User's own personal use.
- Using of Product for commercial purposes (including exhibiting Product and obtaining admission fees), advertising, solicitation, political or religious activities, etc. without Company's permission.
- Actions that violate the provisions of Article 13, Paragraph 2.
- Resale in violation of the provisions of the preceding Article.
- In addition to the foregoing, acts that Company deems inappropriate based on objective facts.
- When it is recognized that User falls under any of the following items, in addition to the previous two paragraphs, Company may suspend part or all of Services without prior notice to User at Company’s discretion.
- In the past, in relation to any services provided by Company or Partner Service, there has been a delay in payment of fees, unreceivable of Product or refusal to receive Product, etc., including excessive requests for returns or exchanges for which there is no due reasons, or any other default.
- When User has been suspended from using the service or had their membership registration terminated in the past for Services or any other service provided by Company or Partner Service.
- When Company reasonably determines from objective facts that User has violated or is likely to violate Terms of Service.
- When Company determines that User belongs to an anti-social force such as a crime syndicate, a member of a crime syndicate, a quasi-member of a crime syndicate, a company related to a crime syndicate, a corporate extortionist or other socially motivated group, or a special intelligent violence group.
Article 16 (Maintenance of Communication Environment)
- User shall prepare the communication equipment, software, and all other equipment necessary to use the Service at their own expense and responsibility. User shall also prepare the communication environment necessary to use the Service at their own expense and responsibility. In addition, User shall use Services via any communication service of their choice.
- User shall take security measures (e.g., prevention of computer virus infection, unauthorized access, and information leakage) appropriate to their own usage environment at their own expense and responsibility.
Article 17 (Intellectual Property Rights)
- All copyrights (including the rights stipulated in Articles 27 and 28 of the Japanese Copyright Act) and other intellectual property rights related to Product, Website, and Services shall belong to Company or to third parties who have licensed Company to use them. User may not use All copyrights and other intellectual property rights related to Product, Website, and Services beyond the scope of conditions of use set forth in Terms of Service or the scope of reproduction for private use as permitted by the Copyright Act.
- User may not allow any third party to perform any act in violation of the preceding paragraph.
- In the event that a dispute arises between User and a third party in violation of the provisions of this Article, User shall resolve the dispute at User’s own responsibility and expense, and shall not cause any disadvantage or damage to Company.
Article 18 (Disclaimer and Non-Warranty)
- Company shall not be held responsible for any damages incurred by User in relation to the use of Services unless there is a reason attributable to the Company.
- Company shall not be liable for any damages incurred by User in connection with the use of Partner Service.
- Company does not warrant the functionality, performance, usefulness, beneficialness, asset value, or compatibility with other products or business purposes of Product in any way.
- We do not warrant the completeness, usefulness, beneficialness, including the absence of defects or failures, or the compatibility with other services or the suitability for any purpose of Services or Partner Services.
- In the event that User causes damage to Company, Partner Company or a third party (including other User), or a dispute arises between User and Partner Company or a third party (including other User) in relation to the use of Services or Partner Service, User shall resolve such dispute at its own expense and responsibility and Company shall not bear any responsibility.
- If the Consumer Contract Act is applied to the relationship between Company and User, the provisions of the preceding paragraphs and other exemption provisions in Terms of Service shall not apply. In the event that the Consumer Contract Act applies to the relationship between Company and User, notwithstanding any other limitation of liability provisions in Terms of Service, the scope and maximum limits of damages set forth in such provisions shall apply only to damages incurred by User due to Company's slight negligence; and in the event of damage to User caused by Company's intentional or gross negligence, Company shall compensate User for any damage to the extent deemed within legally sufficient cause.
- In the event that Company is held liable for damages in relation to the use of Services, Company shall be held liable for damages up to the total amount actually received by Company as revenue out of the amount paid by User to Company as consideration for Services.
Article 19 (Delay, Interruption and Suspension)
- Company may temporarily delay, interrupt, or suspend the provision of all or part of Website and Services without prior notice to User in the event of any of the following events
- In the event of periodic or emergency maintenance and inspection of the equipment, etc. used to provide Website and Services.
- In the event that the provision of Website or Services becomes impossible due to Force Majeure, such as natural disasters.
- In addition to the preceding items, if the cause not attributable to Company.
- In any other cases where Company deems it necessary.
- Company shall endeavor to ensure the continuous operation of Website and Services, but shall have no further obligation. Therefore, Company shall not be held responsible for any damages incurred by User or third parties due to any of the items in the preceding paragraph.
Article 20 (Termination)
- Company may, at its sole discretion, terminate the provision of all or part of Website and Services after giving prior notice to User.
- The notice to User in the preceding paragraph shall be made by posting on Website or other reasonable methods.
- Company shall not be liable for any damages incurred by User as a result of the termination of Website or Services.
Article 21 (Notice)
- Company and User shall, in principle, notify or contact the other party by e-mail using English or Japanese.
- The governing language of Terms of Service shall be Japanese. In the event of any discrepancy between the Japanese version and a translation of Terms of Service in another language, the Japanese version shall prevail.
Article 22 (Severability)
If any part of these Terms of Service or any provision thereof is subsequently held invalid or unenforceable by any court or other tribunal of competent jurisdiction, such invalidity or unenforceable shall in no way affect the invalidity or unenforceability of any other provisions thereof. If any part of Terms of Service or any provision is found to be invalid or unenforceable, but would be valid or enforceable if that part of the provision were deleted, it shall apply with such modifications as are necessary to make the provision valid.
Article 23 (Governing Law and Jurisdiction)
- The conclusion, validity, performance, and interpretation of Terms of Service shall be governed by the laws of Japan.
- Any and all disputes arising out of or in connection with using of Services shall be submitted to the agreed exclusive jurisdiction of the Tokyo District Court at the first instance.
Article 24 (Consultation)
In the event that a problem arises regarding the use of Services that cannot be resolved in accordance with Terms of Service, Company and User shall discuss and resolve the problem in good faith.