modernartshop is closed.
Terms of Service
Section 1. General Provisions
Article 1. Definitions
Agreement on Use of Stores.
Mail-order services that are provided by the store owner (“We,” “Our” or “Us”) through the Internet.
Article 2. Application of Agreement
We have established this Agreement to enable Users to make use of the Basic Service We provide on the Internet. By starting to use the Basic Service, the User is deemed to have accepted the terms and conditions of this Agreement.
Article 3. Changes to This Agreement
If deemed necessary, We may amend this Agreement within the scope of the purposes of the Basic Service. In the event of any amendment to this Agreement, we will notify Users and Purchasers, in advance, of the amended terms and conditions of this Agreement and the effective date of such amendment, by posting these on Our website or by other appropriate means. Users shall be deemed to have accepted the amended Agreement if such Users use the Basic Service on or after such effective date.
Section 2. Commodity Purchases, etc.
Article 4. Commodity Purchases
- Users may purchase commodities from Us by using the Basic Service.
- Users wishing to purchase commodities may apply for such purchases according to procedures specified elsewhere.
- In accordance with said application, after verifying the delivery address, order content, other information, etc. input and registered by the User, the User must click on the "Order" button. A purchase contract between the User and Us relative to said commodities is considered concluded from the time when Our letter of confirmation reaches said User.
- Regardless of the provisions set forth in the preceding article, in case of any wrongful or inappropriate act, We may cancel or rescind the purchase contract or take whatever other measures may be suitable.
- Minors may not use the Basic Service or make purchases without the consent of a competent legal representative, given in advance.
Article 5. Changes to Registered Information
In the event of changes, in whole or in part, to the name and/or address entered by a purchaser during a purchase and/or to any other information submitted by such purchaser to Us, such purchaser shall promptly notify Us of such changes. Notwithstanding the registration of such changes, any transaction already processed prior to such registration of changes shall be fulfilled based on the information prior to the registration of changes.
Article 6. Payment
- The amount of payment for goods shall be the total of the sales price of the goods listed on Our website, consumption tax, delivery charges, and commissions.
- Payment for goods purchased through the Basic Service shall be made only by any of the payment methods prescribed by Us.
- Payment by credit card shall be subject to the conditions separately agreed upon between the Purchaser and the credit-card company. Should any dispute arise in connection with use of a credit card between the Purchaser and the credit card company, the Purchaser and the credit card company shall be responsible for resolving the dispute between themselves.
- If a payment means is designated for the Basic Service and if a separate agreement (including any agreement to the terms and conditions of the payment means) is entered into between the Purchaser and the payment company having the payment means, the Purchaser shall be subject to the conditions of the separate agreement entered into between the Purchaser and the payment company. Should any dispute arise in connection with such payment means between the Purchaser and the payment company, the Purchaser and the payment company shall be responsible for resolving the dispute between themselves.
Article 7. Returns
We handle returns from Purchasers according to the “Special Provisions Item on Returns” contained in the Special Commercial Transaction Act posted on Our site.
Section 3. Treatment of Personal Information
Article 8. Handling of Personal Information
Section 4. Responsibilities Related to Usage
Article 9. Prohibitions
In using the Basic Service, Users and Purchasers shall be prohibited from engaging in any of the acts listed below.
- Any act that causes or is likely to cause trouble, disadvantage, or damage to any other User, third party or Us.
- Any act that infringes or is likely to infringe on any of Our or third-party rights, such as copyrights, patent rights or other intellectual-property rights, personal rights, portrait rights, privacy rights, and publicity rights.
- Any act that infringes on or is likely to infringe on public order and standards of decency and other laws and ordinances.
- To use any Content obtained through the Basic Service beyond the limits of personal use.
- To reproduce, sell, publish, distribute or publicly disclose, through any other User or other third party, any Content obtained through the Basic Service, or any act similar to any of the above.
- Any act that hinders the operations of the Basic Service or any other service provided by Us.
- Any act that is reasonably considered by Us to cause damage to or a loss of Our reputation.
- Any other act deemed inappropriate by Us.
Section 5. Disclaimers
Article 10. Disclaimers
- We accept no liability for any damage incurred by third parties as a result of any User’s or Purchaser’s breach of this Agreement.
- We make no warranty as to the completeness, accuracy, reliability, usefulness or any other aspect of: (i) the content of the Basic Service; or (ii) any information obtained by Users or Purchasers through the Basic Service.
- We do not generally accept any liability to Users or Purchasers for any damage arising from their use of the Basic Service, nor do We assume any obligation to compensate any Users or Purchasers for such damage. However, if these disclaimers are not applicable due to such reasons as that the contract executed between a User or Purchaser and Us under this Agreement constitutes a Consumer Contract as defined in Article 2, paragraph 3 of the Consumer Contract Act (Act No. 61 of 2000), such provisions of this Agreement as otherwise fully release Us from Our liability shall not apply. If such contract executed under this Agreement constitutes a Consumer Contract and if We assume liability for damages due to default or tort, then We shall assume liability for damages up to the amount paid by the User or Purchaser to Us under this Agreement for the period of one year preceding the date of occurrence of the damage, unless such damage is caused by intent or gross negligence on Our part.
- If a Purchaser fails or refuses to receive goods, or if a Purchaser is unable to receive goods due to his/her long absence, or if a Purchaser’s delivery address is unknown, or if a Purchaser is unable to receive goods for other reasons on the part of the Purchaser, then We shall fulfill Our obligation to deliver such goods through such means as contacting the contact details registered by the Purchaser and bringing or shipping the goods to the delivery address designated by the Purchaser during the purchase of the goods, whereupon We shall be released from such obligation.
Section 6. Miscellaneous Provisions
Article 11. Copyrights and Intellectual-property Rights
All Content provided by the Basic Service is vested exclusively in Us or duly authorized third parties. Should problems arise owing to infringement of this article between Users or Purchasers and third parties, said Users or Purchasers are to assume responsibility and costs for resolution without causing any damage, loss or disadvantage to Us.
Article 12. Applicable Legislation
This Agreement is subject to all the laws and ordinances of the nation of Japan.
Article 13. Negotiations and Court of Jurisdiction
We and the relevant User or Purchaser, as the case may be, shall strive to promptly resolve through consultation, in accordance with the principle of good faith, any matters not specified herein or any questions arising as to the interpretation of this Agreement. It is agreed in advance that the court having jurisdiction over Our location shall have exclusive jurisdiction as the court of first instance over all disputes related to this Agreement.