- Users (as defined in Article 1) must read the entirety of these Terms of Service (as defined in Article 1) in advance and agree to them. These Terms of Service constitute a standard form contract as defined in Article 548-2 of the Civil Code. When a user agrees that these Terms of Service shall form the content of the contract regarding the use of this Service (as defined in Article 1) between the Company (as defined in Article 1) and the user, and the sales contract between the shop (as defined in Article 1) and the user, the user is also deemed to have agreed to the individual provisions of these Terms of Service.
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Article 1: Definitions
- "These Terms" refers to the Terms of Service defined below.
- "This Service" refers to the web services provided by the Company that are deployed on the site starting with the domain name "shop.emission-art.com" or a subdomain thereof.
- "Product" refers to the goods sold through this Service.
- "User" refers to the users of this Service.
- "Shop" refers to the operating company of the mail-order site operated under this Service, and said site is referred to as the "Shop Site."
- "The Company" refers to Lucent Design Inc., which provides this Service.
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Article 2: Application of These Terms, etc.
- These Terms apply to all users.
- Rules and explanations regarding how to use this Service or sales contracts between the shop and the user posted on the Shop Site (including the contents described in "Notation based on the Act on Specified Commercial Transactions"), regardless of their name, constitute a part of these Terms. Note that if such rules and explanations differ from the contents of these Terms, the provisions of these Terms shall take precedence.
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Article 3: Interruption or Suspension of the Provision of this Service on the Shop Site
The Company may suspend or interrupt the provision of all or part of this Service on the Shop Site in any of the following cases:
- (1) When it is necessary to perform urgent inspection or maintenance of the system
- (2) When the server, communication lines, etc. have stopped due to an accident
- (3) When this Service can no longer be provided due to force majeure such as natural disasters (earthquakes, lightning strikes, fires, etc.), war, civil strife, riots, epidemics, etc.
- (4) In other cases where the Shop determines that it is necessary to suspend or interrupt the provision of this Service
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Article 4: Termination of the Content of this Service on the Shop Site
- The Company may terminate the provision of all or part of this Service on the Shop Site at any time for its own convenience.
- In the case of the preceding paragraph, the Company will notify the user to that effect by posting on the website or by other means at least one month before the end of the service provision. However, in cases where the Company terminates the provision of all or part of this Service on the Shop Site due to unforeseen or unavoidable reasons and cannot provide notification one month in advance, the Company shall notify the user as soon as possible.
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Article 5: Changes to These Terms
- The Company may change these Terms at its discretion in the following cases:
- (1) When the change to these Terms conforms to the general interests of the users
- (2) When the change to these Terms does not violate the purpose for which the contract was entered into and is reasonable in light of the necessity of the change, the appropriateness of the content after the change, and other circumstances related to the change
- When changing these Terms under the preceding paragraph, the Company will notify users by posting on the Shop Site to the effect that these Terms will be changed, the contents of these Terms after the change, and the effective date of the change, at least one month before said effective date.
- The Company and the Shop shall not be liable for any damages incurred by the user due to changes or additions to these Terms, regardless of whether such damages are direct or indirect, or whether they were foreseeable.
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Article 6: Purchase of Products
- Users shall use this Service to apply to the Shop for the purchase of products.
- A sales contract for products between the user and the Shop shall be established when the user confirms the delivery address and order details entered during the application using this Service, clicks the "Confirm Order" button, and the user receives an email from the Company confirming the order details through this Service.
- Even after the sales contract is established, if there is any fraudulent or inappropriate act by the user regarding the use of this Service or the Shop Site, the Shop may cancel the sales contract. Furthermore, individuals with limited capacity, such as minors, cannot purchase products using this Service or the Shop Site if they have not obtained the consent of a statutory agent or similar party.
- In principle, changes to order details and cancellations by the user after the establishment of the sales contract will not be accepted. However, this shall not apply to returns based on Article 9, Paragraph 2.
- If a user selects "Bank Transfer" as the payment method for product prices to the Shop, the Shop may cancel the sales contract if it cannot confirm payment from the user within the number of days specified in the "Notation based on the Act on Specified Commercial Transactions" after the sales contract is established based on Paragraph 2.
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Article 7: Changes to Registered Information
- The Shop is only required to fulfill its obligations under the sales contract based on the registration information entered by the user at the time of product purchase, and shall not be held liable for any damages incurred by the user due to input errors or changes in registered information.
- Notwithstanding the preceding paragraph, if there is any change to all or part of the registration information entered at the time of purchase, the user shall promptly contact the Shop. However, the preceding paragraph shall apply to procedures for transactions that the Shop has already completed before the user's notification of changes reaches the Shop.
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Article 8: Payment Methods
- The payment amount for a product is the total of the selling price displayed on the Shop Site (including prices applicable to options if any), consumption tax, shipping fees, and various other charges.
- Regarding payment for purchased products, if the product is to be delivered within Japan, the user can choose from three payment methods: (1) credit card payment, (2) bank transfer, or (3) cash on delivery by the carrier, unless the Shop has specified a particular payment method in the "Notation based on the Act on Specified Commercial Transactions." If the product is to be delivered outside of Japan, credit card payment is the only available method. Please check the Shop's "Notation based on the Act on Specified Commercial Transactions" each time you purchase a product from a Shop.
- When a user makes a payment by credit card, the credit card used must be in the user's own name. Note that in the case of credit card payment, the payment is finalized at the time the sales contract is established, but the withdrawal date of the payment amount will be based on the terms and conditions separately contracted between the user and the credit card company.
- If any dispute arises between the user and the credit card company stipulated in the preceding paragraph, the user shall resolve it with the credit card company, and the user shall not cause any trouble or damage to the Company or the Shop.
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Article 9: Delivery Time and Returns
- The delivery time for products shall be as specified by the Shop in the "Notation based on the Act on Specified Commercial Transactions."
- The Shop will not accept requests from users to return purchased products unless the product is defective. Note that the method and costs for returning defective products shall be as specified in the "Notation based on the Act on Specified Commercial Transactions" posted on the Shop.
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Article 10: Handling of Personal Information
The Company and the Shop shall handle users' personal information appropriately in accordance with the separately established "Privacy Policy."
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Article 11: Prohibited Acts
- The Company and the Shop prohibit users from engaging in the following acts:
- Acts that infringe or may infringe on the intellectual property rights (copyrights, design rights, patent rights, utility model rights, trademark rights, industrial property rights, etc.) and other rights of other users, other third parties, or the Company or the Shop
- Acts that infringe or may infringe on the property, credit, or privacy of other users, other third parties, or the Company or the Shop
- Acts that cause or may cause disadvantage to other users, other third parties, or the Company or the Shop
- Acts that slander or defame other users, other third parties, or the Company or the Shop, or cause discomfort
- Acts that are contrary to public order and morals, may be so, or promote such acts
- Acts that violate laws and regulations, criminal acts, or acts that may lead to such, or aiding in such acts
- Acts where the user uses content obtained through this Service or the Shop outside the scope of private use
- Acts of reproducing, selling, publishing, distributing, or disclosing content obtained through this Service or the Shop, through other users or third parties, and similar acts
- Acts that interfere with the operation of the Company or the Shop, or damage the credit or reputation of the Company or the Shop
- Other acts that the Company or the Shop deems inappropriate
- If a user engages in any of the acts listed in the items of the preceding paragraph, the perpetrator shall compensate the Company or the Shop for damages (including special damages such as lost profits and attorney's fees) incurred by the Company or the Shop as a result of such acts.
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Article 12: Disclaimers
- If a user causes damage to a third party when using this Service, said user shall resolve it at their own expense and responsibility, and the Company and the Shop shall bear no responsibility whatsoever.
- If a user causes damage to a third party due to a violation of these Terms, etc., said user shall resolve it at their own expense and responsibility, and the Company and the Shop shall bear no responsibility whatsoever.
- The Company does not guarantee the completeness, accuracy, certainty, or usefulness of the contents described on the Shop Site and information that the user obtains through the Shop.
- The Company shall not be liable for any of the following cases:
- Cases where there is false or misleading language in the content of products displayed on the Shop Site, and the user suffers damage as a result
- Cases where the user suffers damage due to the quality, material, function, performance, compatibility with other products, or other defects of products sold through the Shop
- In the following cases, the Shop's obligation to deliver the product is fulfilled by contacting the contact address registered by the user and bringing or shipping the product to the delivery address specified at the time of product purchase, and neither the Company nor the Shop shall bear any responsibility thereafter:
- When the user neglects or refuses to receive the product
- When the user cannot receive the product due to long-term absence without prior notice
- When the delivery address is unknown
- When the user cannot receive the product due to other reasons attributable to the user
- The Company shall not be liable for any damages incurred by the user in using this Service, including the suspension, interruption, change of content, termination of the provision of this Service on the Shop Site by the Shop, or errors in information posted on the Shop Site.
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Article 13: Damages
- If the Company or the Shop is liable for damages (in cases such as the application of the Consumer Contract Act or other laws), the Company or the Shop shall be liable to compensate for direct and ordinary damages actually incurred by the user (excluding special damages such as lost profits and attorney's fees).
- The provisions in these Terms regarding the exemption of the Company or the Shop from liability shall not apply if the Company or the Shop has acted with intent or gross negligence.
- If any provision in these Terms that exempts or limits the responsibility of the Company or the Shop is determined to be invalid or deemed not to have been agreed upon under the Civil Code, the Consumer Contract Act, or other laws, the Company or the Shop shall be liable to compensate for direct and ordinary damages actually incurred by the user (excluding lost profits, attorney's fees, and other special damages).
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Article 14: Copyrights and Intellectual Property Rights
- Unless otherwise specified, all intellectual property rights, such as copyrights, provided through this Service belong to the Company, the Shop, or a third party holding legitimate rights (hereinafter collectively referred to as "Right Holders"), and users may not use them for purposes other than using this Service without the permission of the Right Holders.
- If a problem arises due to a violation of the preceding paragraph, the user shall resolve such problem at their own expense and responsibility and shall not cause any damage or disadvantage to the Right Holders. In the unlikely event that damage is caused to the Right Holders, the user shall compensate for such damage (including special damages such as lost profits and attorney's fees).
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Article 15: Assignment of Rights, etc.
The user shall not assign, transfer, pledge as collateral, or otherwise dispose of all or part of the rights or obligations related to these Terms to a third party without the prior written consent of the Company and the Shop.
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Article 16: Elimination of Antisocial Forces
- The Company and the Shop prohibit the use of this Service by antisocial forces or those equivalent thereto (organizations or individuals that pursue economic benefits by utilizing violence, power, or fraudulent methods, etc.; hereinafter "Antisocial Forces, etc.").
- The Company and the Shop may stop providing services to a user if it determines that the user falls under the category of Antisocial Forces, etc.
- The Company and the Shop shall not be responsible for any damages or disadvantages incurred by the user due to the preceding paragraph.
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Article 17: Severability
Even if a part of the provisions of these Terms is determined by laws, regulations, or a court of law to be illegal, invalid, impossible, or deemed not to have been agreed upon, the other provisions of these Terms shall remain valid and in effect.
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Article 18: Governing Law
Japanese law shall apply to the interpretation of these Terms and all other matters related to these Terms.
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Article 19: Agreed Jurisdiction
The Tokyo District Court or the Tokyo Summary Court shall be the exclusive agreed court of first instance for all disputes related to these Terms.
