Terms of service

 

Article 1
Purpose

  1. The purpose of these Terms of Use (hereinafter referred to as "The Terms") is to set forth the terms and conditions for the provision of the service and the rights and obligations between the bellow site's owner (hereinafter referred to as "d4") and the user of the bellow site (hereinafter referred to as "The User"). And the bellow site is hereinafter referred to as "This Site".

    ・Site’s name: "ARTiATE"

    ・Site’s URL: https://artiate.com

  2. The User must agree to The Terms by reading the entirety before using This Site and services of This Site.

 

Article 2
Scope

  1. The terms apply to all services (including transactions and contracts between d4 and users. Hereafter referred to as "The Service") performed through This Site.
  2. The rules posted on This Site constitute part of The Terms, and if there is any conflict between The Terms and the Rules or any other description regarding The Service not provided for herein, The Terms shall prevai

 

Article 3
Contract

  1. Sales contracts for products (including products that are attached as options such as picture frames. Hereinafter referred to as "The Products") handled on This Site (hereinafter referred to as "The Contracts") are concluded when The User makes an application for the purchase of The Products on This Site and d4 makes a contact for approval.
  2. After The Contracts described in the preceding paragraph is established, The User may cancel The Contracts only before the shipping procedure is completed, and after the shipping procedure is completed, for whatever reason, it may not be canceled.
  3. d4 may terminate The Contracts at any time in any of the following cases: d4 shall not be obligated to disclose the reason for the cancellation to The User.
    1. When there is a false, incorrect, or omission of all or part of the informations provided to d4 from The User.
    2. When The User is a person with limited ability (a minor, an adult ward, etc.), and The User has not obtained the consent of a legal representative or a legal guardian.
    3. When The User is an organized crime group, a member of an organized crime group, a related company or association of an organized crime group, and any other equivalent person of above (hereinafter referred to as " anti-social forces "), or, when d4 determines that The User has some relationship with anti-social forces.
    4. When d4 determines that The User is a person or a related person violating a contract with d4 in the past.
    5. When The User violates any of Article 9 of The Terms.
    6. When The User does not pay the full amount of money specified in Article 6 paragraph 1 of this agreement, and The User does not pay the full amount within a reasonable period even after receiving a reminder from d4.
    7. When The User may use The Service for unfair or unauthorized purposes.
    8. When The User receives a disposition such as cancellation of the business license or suspension from the relevant government agency.
    9. When The User causes a bill or check failure.
    10. When The User receives a request from the creditor for provisional seizure, provisional disposition, forced execution, auction, etc. or when The User files for bankruptcy, civil rehabilitation, corporate rehabilitation, or special liquidation.
    11. When The User suspends, changes, or resolves to dissolve.
    12. When The User is unable to perform under The Contracts due to force majeure such as earthquake, lightning strike, fire, storm and flood damage, power outage, natural disaster, epidemic such as illness.
    13. When The User can not perform The Contracts due to restrictions such as laws and regulations. Or, when d4 determines that it is necessary to suspend the transaction with The User at the request of the government or other administrative agencies.
    14. When d4 determines that delivery will be difficult or a large amount of money will occur due to the delivery address (hereinafter referred to as the "The Delivery Address") that The User described during the purchase procedure and the desired delivery date and time.
    15. When it is out of stock, or when d4 determines that it is difficult to procure or ship The Products.
    16. When d4 determines that The User's property status is or may be deteriorated.
  4. Even if d4 terminates The Contracts based on the preceding paragraph, d4 shall not be obliged to bear any liability to The User.

 

Article 4
Delivery

  1. After The User has paid the full price, d4 may ship The Products to The Delivery Address by any way d4 likes.
  2. The User shall bear the cost required for delivery of The Products (including the return cost when The Products needs to be returned, etc. and the storage cost when The Products needs to be stored).
  3. d4 may freely decide when to ship The Products. In particular, in the cases specified in the following items, it may take a long time before shipping.
    1. When The User wishes to deliver late or to a long distance.
    2. When the credit card payment method is used and the approval of the credit company is not obtained, or when it takes time for the credit company to examine.
    3. When the carrier is in the busy season, such as the period of year-end and year-end gifts.
    4. If the delivery is delayed because of the carrier.
    5. When delays occur due to natural disasters, bad weather, traffic accidents, traffic regulations, etc.
    6. When the destination is outside the standard service of d4, such as overseas destination or remote islands.
    7. When there is a special rule on the sales page of The Products.
    8. In addition, if there is a situation that delivery is delayed to d4 or the carrier.
  4. d4 shall not be obliged to warrant to The User delivery or shipping at The User's desired time or at the time of standard shipping. In addition, d4 shall not be obliged to be liable to The User even if delivery or shipping is not possible at The User's desired time or at the time of standard shipping.
  5. In the case of sub-paragraph 6 of paragraph 3 of this article, d4 may show shipping cost and schedule after The User making an application for the purchase of The Products on This Site.
  6. Regarding other matters related to delivery, the shipping policy specified separately by d4 shall be followed.

 

Article 5
Transfer of ownership

Ownership of The Products shall be transferred when the full amount of payment has been made by The User and The Products reaches The Delivery Address by the method specified in the preceding paragraph. However, this does not apply if The User selects the payment method by credit card payment and there is a contract with the credit company that the ownership is retained by the credit company.

 

Article 6
Payment

  1. The User shall pay the total amount of each of the following items (hereinafter referred to as "the Price") when The Contracts are concluded. In addition, each amount of money posted on This Site will be displayed excluding tax.
    1. The price of The Products
    2. Product delivery charges, shipping charges, cash-on-delivery charges (including return costs, storage costs, etc.)
    3. Other, paid service fees
    4. Amount equivalent to consumption tax and local consumption tax for the previous items
    5. Customs fees, tariffs, and other similar items associated with delivery
  2. The payment method of The Products price etc. shall be one of the following.
    1. Credit card payment
    2. Paypal
    3. Convenience store payment
  3. If The Delivery Address is an area where the prescribed delivery method of d4 may not be used, d4 will estimate the delivery cost and then contact The User from d4. After this notification, The User shall pay d4 the costs immediately by the way specified by d4.

 

Article 7
Non-conformity

  1. d4 sells The Products to The User as it is.
  2. Except for those specified in the following items, d4 shall not be obligated to take any responsibility to The User and to be liable for completion, reduction of payment, compensation for damages, cancellation, invalidation or cancellation of The Contracts, even if a quality problem of The Products is
    1. Wrong target product
    2. Shortage of product quantity
  3. In the case of each of the above paragraph’s sub-paragraph, The User may require to provide the shortage or substitutes. But, even though in the case of each of the above paragraph’s sub-paragraph, The User may not require reduction claims, damages, invalidation and cancellation of The Contracts to d4.
  4. The User shall inspect The Products within 30 days from the date The Products arrive at The Delivery Address and report the result to d4.
  5. If there is a report that there is no reason for each item of paragraph 2’s sub-paragraph of this Article by the period specified in the preceding paragraph, or if there is no report specified in the preceding paragraph by the period specified in the preceding paragraph, The Products delivered by d4 is considered that there is no reason for contract non-compliance, and The User may not claim for any damages to d4.

 

Article 8
The User’s information

  1. The User agrees to abide by The Terms when making The Contracts with d4, and provides certain specified information specified by d4 (hereinafter referred to as "The Registration Information"), through the method specified by d4. By doing so, The User applies for The Contracts.
  2. When introducing a password or ID on This Site, at his own risk, The User shall properly manage and store the password or ID related to This Site. And The User shall not let a third party use it, lend or transfer it, change the name of the person, or sell.
  3. The User shall be responsible for damages caused by insufficient management of passwords or IDs, errors in use, use by third parties, etc., and d4 shall not be obliged to take any responsibility.

 

Article 9
Acts prohibited

  1. The User shall not perform any of the following actions or any other actions that may interfere with the operation of The Service.
    1. Acts that violate laws or are related to criminal acts.
    2. Acts that commit a fraud or threaten d4, other users of This Site or other third parties.
    3. Acts that violate public order and morals.
    4. Acts that transfer of The User status (regardless of money transfer).
    5. Acts of recording, or similar actions of the exchanges between The User and d4, and disclosing the contents of the communications.
    6. Acts of publishing information obtained through The Service (oral, in writing, posting on the Internet or SNS, etc.) without the written permission of d4.
    7. Acts that do business similar to each business conducted by d4, based on the information obtained from This Site (whether for profit or non-profit, or for location, business format, etc.).
    8. Acts that put an excessive load on the network or system of This Site.
    9. Acts that use the ID or password of another User of This Site.
    10. Acts that collect informations of other Users of This Site.
    11. Acts that provide false information to d4 (including the act of presenting false ages).
    12. Acts that use This Site (including contract application) without obtaining the consent of a legal representative when The User is a person with limited ability.
    13. Acts that cause disadvantage, damage, or discomfort to d4, other Users of This Site or other third parties.
    14. Other actions that may hinder the operation of d4's business (including services on This Site).

 

Article 10
Warranty and Damages

  1. d4 shall not be obliged to be responsible for transactions, communications, disputes, etc. that occur between The User and other Users or third parties related to The Contracts and The Products.
  2. If The User violates The Terms, or if The User acts to damage the rights, profits, business, etc. of d4, d4 may claim for damages to The User (including indirect as well as direct damages).
  3. The images of The Products displayed on This Site etc. are merely reference materials, and d4 shall not be obliged to guarantee that The Products are in the same state as the above images etc.
  4. Even if d4 is liable for damages, d4's liability shall be limited to the amount of the actual product price received and shall not be obliged to be liable for further damages.
  5. If The Products are lost or damaged during delivery, d4 shall not be obligated to provide The User with a substitute product or to compensate for damages. Damages due to loss or damage shall be processed between The User and the shipping company.
  6. In the event of delay or non-performance of the obligations under The Contract for reasons beyond the reasonable control of d4 (hereinafter referred to as "Force Majeure"), d4 shall not be obliged to bear any liability to The User. Force Majeure includes, but is not limited to:
    • Catastrophe, war, fear of war, war-like situations, hostilities, war regimes, blockades, suspensions of trade, detention, revolutions, riots, port disruptions, looting, strikes, lockouts, epidemics or other plagues.
    • Destruction or damage of goods or facilities, fire, typhoon, earthquake, flood or accident.
    • The act of a governmental authority or quasi-governmental organization, any political department, post or agency.
    • ・Insufficiency or interruption of labor, materials, means of transportation, public interest equipment.
    • Labor dispute at the business office of each party or its supplier, accident during shipping.

 

Article 11
Advertisements

  1. d4 may provide The Users with advertisements for related The Products and d4’s services including This Site.
  2. d4 may send in The User's email address or display on This Site, about updates to This Site, events, information, and other messages related to d4’s services, and The User accepts this I shall.

 

Article 12
Confidential Informations

  1. The User and d4, without the prior written consent of the other party, any information required by the other party through The Contracts to be treated as confidential, or any information such as ideas or know-how disclosed verbally or in writing (hereinafter "the Confidential Information") shall not be used for any purpose other than the performance of this business and shall not be disclosed or leaked to a third party.
  2. Notwithstanding the provisions of the preceding paragraph, The User and d4 shall not be obliged to be required to maintain the confidentiality specified in this article if the information received from the other party falls under any of the following items.
    1. Information that was already publicly known / publicly used at the time of receiving the information, or information publicized / publicly used after receiving the information, regardless of the responsibility of the recipient.
    2. Information that was legitimately obtained from a third party who has the right to disclose information without obligation of confidentiality.
    3. Information already known at the time of receiving the information.
    4. Information required or required to be disclosed in accordance with laws and regulations or the request of the administrative body.
  3. d4 may allow its own officers and employees to use confidential information etc. in fulfilling the obligation under The Contracts. In addition, d4 shall exercise caution not to violate confidentiality obligations of the officers and employees concerned.

 

Article 13
The handling of The User’s information

  1. The handling of The User’s information by d4 is subject to the privacy policy separately set by d4.
  2. d4 may use and publish the information provided by The User to d4 as statistical information after it has been converted into a form that can not be specified by an individual, and The User consents to this in advance.

 

Article 14
Permission of advertisement by contents’ creator

The User agrees in advance that the creators of The Products sold by This Site may use the name, image, video, etc. of The Products that become The Products in connection with his / her advertisement and announcement, etc., pledges not to make any claims or objections to d4 and creators.

 

Article 15
Amendment

d4 reserves the right to amend or change The Terms when d4 finds it necessary. In the event of any amendment or change to The Terms, d4 shall inform the effective time and content of the amended or changed Terms by posting on the Website or other appropriate way. After the modification is made, The Terms modified shall apply and The User accepts it.

 

Article 16
Notice

Inquiries regarding The Products and The Contracts and other communications or notifications from Users to d4 shall be made according to the method specified by d4.

 

Article17
Assignment

  1. The User shall not assign, transfer, grant security interests on or its rights or obligations under The Terms without the prior written consent of d4.
  2. In cases where d4 transfers the business regarding The Service of This Site to a third party (including the Corporation established by d4), d4 may, as part of such transfer, assign to the third party, the rights and obligations of d4 under The Terms, and The Registration Information and other information relating to The User, and The User hereby agrees to such transfer in The business transfer referred to above in this Paragraph shall include, in addition to the usual form of business transfer, a company split or any other form that would result in a business transfer.

 

Article 18
Severability

If any provision of The Terms or a part thereof is held to be invalid or unenforceable under laws of Japan or other laws or regulations, the remaining provisions hereof or the remaining portion of the provision held invalid or unenforceable in part shall remain in full force and effect.

 

Article19
Language

There are Japanese and English versions of The Terms and various policies. In case of any discrepancy or inconsistency in the description, the Japanese version will prevail for any document.

 

Article 20
Governing Law and Jurisdiction

  1. The Terms and policies shall be governed by and construed in accordance with laws of Japan.
  2. Any and all disputes arising out of or in connection with The Terms or The Service Agreement shall be submitted to the exclusive jurisdiction of the Okayama District Court of Japan in the first instance.

 

2020.6.11

 Updated August 25, 2020