Terms of service
preamble
These Terms of Use (hereinafter referred to as ``Terms'') apply to the online store ``Tanseisha Co., Ltd.'' (hereinafter referred to as ``the Company'').B-OWND” (including member services at brick-and-mortar galleries) and related services (hereinafter collectively referred to as the “Services”). All registered users (hereinafter referred to as "Users") must use this Service in accordance with these Terms.
Article 1 (Application)
1. These Terms shall apply to all relationships between users and the Company regarding the use of this Service.
2. Individual regulations separately established by the Company on this Service (including regulations regarding certificate services, regulations regarding campaigns, etc.) shall constitute a part of these Terms. If there is a conflict between these Terms and the provisions of the individual provisions, the provisions of the individual provisions shall take precedence.
Article 2 (User Registration)
1. The person who wishes to register applies for registration using the method specified by the Company, and the registration is completed when the Company approves the application. Registration is limited to those over the age of 18.
2. If the Company determines that the applicant has any of the following reasons, the Company may not approve the application for user registration, and shall not be obligated to disclose any of the reasons.
(1) If false information is reported when applying for user registration
(2) If the application is from a person who has violated these Terms.
(3) If the applicant for user registration is under 18 years of age
(4) In other cases where the Company determines that the registration for use is inappropriate.
3. Users represent and warrant that they do not fall under any anti-social forces (meaning organized crime groups, organized crime members, or other similar persons), and that they do not have socially reprehensible relationships with anti-social forces.
4. To purchase works on the EC site of this service, registration is required. Purchases at gallery stores can be made without registration as long as the amount is within the amount determined by our company.
Article 3 (Management of user ID and password)
1. Users shall appropriately manage their user IDs and passwords for this service at their own responsibility.
2. Users may not transfer or lend their user ID and password to a third party under any circumstances. When a user logs in with a combination of user ID and password that matches the registered information, the Company considers that the user ID is being used by the registered user.
3. Users are responsible for opening and managing an account for an external service (Startrail provided by Startbahn Co., Ltd.) required to use the Work Certification Service.
4. The Company shall not be liable for any damage caused by the use of the user ID and password by a third party, unless there is intentional or gross negligence on the part of the Company.
Article 4 (Attribution of rights and posted content)
1. All intellectual property rights regarding all content (images, videos, graphics, logos, text, etc.) displayed on the website by this service belong to our company or the content provider, and the license to use this service based on these Terms does not mean a license to use the intellectual property rights of our company or content provider regarding this service.
2. Users represent and warrant to the Company that they have the legal rights to provide the provided content and that the provided content does not infringe on the rights of third parties.
3. The Company may use reviews, comments, and other content posted by users on the Service free of charge (including reproduction, public transmission, and adaptation) to the extent necessary for the operation and advertising of the Service, and the Company may delete any posts that the Company deems inappropriate.
Article 5 (Prohibited matters)
Users must not engage in the following acts when using this service.
(1) Acts that violate laws or public order and morals, or that may be likely to do so.
(2) Acts related to criminal acts
(3) Acts that infringe on copyrights, trademark rights, and other intellectual property rights contained in this service, such as the content of this service.
(4) Acts that destroy or interfere with the functions of our server or network.
(5) Acts that interfere with the operation of our services, or acts that are likely to do so.
(6) Acts that violate the privacy or other rights of other users, or acts that are likely to do so.
(7) Acts of using this service for illegal purposes
(8) Acts of impersonating other users
(9) Acts that cause disadvantage or damage to other users or the Company, or acts that are likely to do so.
(10) Acts of fraudulently acquiring or using user IDs, credit card information, etc.
(11) Acts that directly or indirectly provide benefits to antisocial forces in connection with our services.
(12) Acts of refusing without justifiable reason to cooperate in identity verification requested by the Company.
(13) Acts of purchasing works for resale or other commercial purposes
(14) Other acts that our company deems inappropriate.
Article 6 (Establishment of sales contract)
1. The sales contract for works shall be concluded when the user completes the order procedure on this service and the Company sends an order confirmation email to the user.
2. Notwithstanding the preceding paragraph, if bank transfer is selected as the payment method, if the payment cannot be confirmed within the period (3 business days) specified by the Company, the Company may cancel the order.
3. When making purchases over a certain amount or in other cases where the Company deems it necessary, the Company may request the presentation of identity verification documents and a confirmation form prescribed by the Company. We may ask you to submit additional supporting materials as necessary, and if you do not cooperate, we may not accept your order or withhold delivery of the work.
4. If you purchase a large number of works by the same artist, or if we deem it necessary, we may, at our discretion, limit the quantity purchased, cancel any orders in excess, or request your cooperation in verifying your identity. If it is confirmed that restrictions are being circumvented using multiple accounts, future transactions may be refused.
Article 7 (Payment method)
1. Payment for works on the EC site must be made by credit card or bank transfer. Bank transfer fees will be borne by the user.
2. For purchases at the gallery store, please pay by credit card, etc. (according to the facility's designated payment method) at the cash register installed at the store. Cash is not accepted.
Article 8 (Delivery of works)
1. Works will be shipped by the artist or our company (office or gallery). Works can only be shipped within Japan.
2. If you purchase the work certificate option, Startburn Co., Ltd. will deliver the NFC tag directly to the purchaser separately from the work.
Article 9 (Returns/Exchanges/Cancellations)
1. We do not accept returns, exchanges, or cancellations due to the user's convenience after the order is confirmed.
2. If the delivered work is different from what was ordered, or if it is damaged or defective, the user must contact the Company within 7 days after receiving the work, and the Company will take measures such as replacement or refund at the Company's responsibility and expense.
3. For made-to-order items, we cannot accept cancellations after production has begun.
4. If the work is not received due to the purchaser's circumstances, or if the work is returned due to reasons attributable to the purchaser, the cost of returning the work will be borne by the purchaser.
Article 10 (Certificate of work)
1. Issuance of work certificates (blockchain certificates, hereinafter referred to as "certificates") is a paid option. Prices are subject to change, so please check our website and purchase screen for the latest prices.
2. To issue a certificate, you will need a Startrail account provided by Startbahn Co., Ltd.
3. If you purchase the certificate option, in order to deliver the NFC tag to the purchaser, the name, address, etc. of the purchaser will be handled by Startbahn Co., Ltd., a subcontractor of our company, under our supervision. The handling of information that users provide directly to the company when opening a Startrail account is determined by the company's privacy policy.
4. If an order is canceled or returned, the certificates associated with the work will be invalidated and cannot be used in the future. You can either return your NFC tag or destroy it yourself (if you send it back, we will cover the shipping costs).
5. When transferring a work to a third party, the certificate transfer procedure must be performed by the user himself/herself on Startrail. The same applies to transfers to recipients if purchased as a gift.
6. If the procedure for receiving a certificate is not carried out for a long period of time, the handling will be in accordance with our guidance.
7. If you lose or damage your NFC tag, we will charge a fee to reissue it. Reissue fees and procedures will be determined by our company.
Article 11 (Made to order)
1. Registration is required to apply for made-to-order production. When applying, you will be asked to provide your name, address, telephone number, and other information specified by our company.
2. Payment for made-to-order works will be made at the time production begins (when the production content and delivery date have been agreed upon).
3. We will not accept cancellations after production has started.
4. The content of production and delivery date will be determined by contacting our office. Depending on the production situation, the delivery date may be extended.
Article 12 (Suspension of provision of this service, etc.)
1. If the Company determines that any of the following reasons exists, the Company may suspend or suspend the provision of all or part of the Service without prior notice to the User.
(1) When performing maintenance, inspection or updating of computer systems related to this service
(2) If it becomes difficult to provide this service due to force majeure such as earthquake, lightning, fire, power outage, or natural disaster.
(3) If a computer or communication line, etc. stops due to an accident.
(4) In other cases where the Company determines that it is difficult to provide this service.
2. The Company shall not be liable for any disadvantage or damage incurred by the User or any third party due to the suspension or interruption of the provision of this Service.
Article 13 (Withdrawal)
1. Users may withdraw from this service by following the withdrawal procedures established by our company.
2. If you cancel your membership, your purchase history and other registered information will be deleted and cannot be restored. The handling of issued certificates on Startrail is in accordance with the regulations of Startrail Co., Ltd.
Article 14 (Use restrictions and registration cancellation)
1. If the user falls under any of the following, the Company may restrict the user from using all or part of the Service or cancel the user's registration without prior notice.
(1) If you violate any of the provisions of these Terms.
(2) If it is discovered that there are false facts in the registered information
(3) In other cases where the Company determines that the use of this service is inappropriate.
2. The Company shall not be liable for any damage caused to the User due to the Company's actions pursuant to this article.
Article 15 (Disclaimer of Warranty and Disclaimer)
1. The Company does not explicitly or implicitly guarantee that the Service is free from actual or legal defects (including defects in safety, reliability, accuracy, completeness, effectiveness, suitability for a particular purpose, security, etc., errors, bugs, infringement of rights, etc.).
2. Our company's liability for non-performance shall be waived if the failure is not due to our intention or gross negligence.
3. Even if the Company is liable for any reason, the Company shall be liable for compensation only to the extent that it does not violate the Consumer Contract Act or other mandatory laws and regulations, and only within the scope of damages that would normally occur.
4. The Company shall not be responsible for any transactions, communications, or disputes that arise between Users and other Users or third parties regarding this Service.
Article 16 (Changes in service content, etc.)
The Company may change the content of the Service or discontinue the provision of the Service after notifying the User in advance. However, this does not apply in the case of an emergency.
Article 17 (Changes to Terms of Use)
1. The Company may change these Terms based on the provisions of Article 548-4 of the Civil Code (Changes to Standard Terms and Conditions).
2. When changing these Terms, the Company will set an effective date and will notify the revised content and effective date on the website of this service at least a reasonable period of time before the effective date.
Article 18 (Handling of personal information)
The Company will appropriately handle personal information obtained through the use of this service in accordance with the Company's "Handling of Personal Information (Privacy Policy)" and "Cookie Policy."
Article 19 (Notification or Communication)
Notifications or communications between users and the Company shall be made by the method specified by the Company.
Article 20 (Prohibition of transfer of rights and obligations)
Users 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 21 (Governing law/jurisdiction)
1. When interpreting these Terms, Japanese law shall be the governing law. The same applies even if the user is located outside of Japan.
2. In the event of a dispute regarding this service, the court with jurisdiction over the location of our company's head office shall have exclusive jurisdiction.
Supplementary provisions
Enactment date: September 1, 2026
That's all
