Terms of service
Preamble
These Terms of Use (the "Terms") set out the conditions for use of the online store "B-OWND" (including membership services at the physical gallery) and related services (together, the "Service"), operated by Tanseisha Co., Ltd. (the "Company"). Registered users ("Users") shall use the Service in accordance with these Terms.
Article 1 (Application)
1. These Terms shall apply to all relationships concerning the use of this Service between the user and our company.
2. Any individual terms separately established by us for this service (including terms relating to certificate services, campaigns, etc.) shall constitute part of these Terms. In the event of any conflict between these Terms and such individual terms, the individual terms shall take precedence.
Article 2 (Registration for Use)
1. User registration shall be completed when an applicant applies for registration by the method prescribed by the Company and the Company approves the application. User registration is limited to persons aged 18 or older.
2. If the Company determines that an applicant for user registration falls under any of the following grounds, the Company may decline to approve the registration application, and shall bear no obligation whatsoever to disclose its reasons.
(1) Where false information was provided in the application for membership registration
(2) Where the application is from a person who has previously violated these Terms
(3) When the applicant for registration is under 18 years of age
(4) Where the Company otherwise determines that membership registration is not appropriate
3. Users represent and warrant that they do not fall under the category of an antisocial force (meaning organized crime groups, their members, or persons equivalent to them), and that they have no socially condemnable relationship with any antisocial force.
4. Purchasing a work on this service's e-commerce site requires user registration. Purchases made in person at the gallery may be made without user registration, but only within an amount specified by the Company.
Article 3 (Management of User ID and Password)
1. Users shall, at their own responsibility, properly manage their user ID and password for this Service.
2. Users may not, under any circumstances, transfer or lend their user ID or password to a third party. The Company will treat any login using a matching combination of registered user ID and password as use by the registered user themselves.
3. The account for the external service required to use the certificate-of-authenticity service (Startrail, provided by Startbahn Inc.) shall be opened and managed by the user at their own responsibility.
4. The Company shall bear no liability whatsoever for any damage arising from the use of a user's ID and password by a third party, except where the Company has acted with intent or gross negligence.
Article 4 (Ownership of Rights and Posted Content)
1. All intellectual property rights in any content displayed on the website through this service (images, videos, graphics, logos, text, etc.) belong to the Company or the content's provider. Permission to use this service under these Terms does not imply any license to use the intellectual property rights of the Company or the content's provider.
2. Users represent and warrant to us that they hold the legitimate rights to provide the content they submit, and that the submitted content does not infringe upon the rights of any third party.
3. For reviews, comments, and other content posted by users on this service, the Company may use such content free of charge (including reproduction, public transmission, and adaptation) to the extent necessary for operating and advertising this service, and may delete any post it deems inappropriate.
Article 5 (Prohibited Conduct)
In using this service, users must not engage in any of the following acts.
(1) Acts that violate laws or public order and morals, or acts that may do so
(2) Acts related to criminal conduct
(3) Acts that infringe upon the copyrights, trademark rights, or other intellectual property rights contained in the content of this Service
(4) Acts that destroy or interfere with the functions of our servers or network
(5) Acts that interfere with the operation of our service, or acts that may do so
(6) Acts that infringe or are likely to infringe upon the privacy or other rights of other users
(7) Using this service for unlawful purposes
(8) Impersonating another user
(9) Acts that cause or are likely to cause disadvantage or damage to other users or our company
(10) Acts of fraudulently obtaining or using a user ID, credit card information, or the like
(11) Acts of directly or indirectly providing benefits to antisocial forces in connection with our services
(12) Refusing, without justifiable reason, to cooperate with identity verification requested by us
(13) Purchasing works for the purpose of resale or other commercial gain
(14) Any other conduct the Company deems inappropriate
Article 6 (Formation of the Sales Contract)
1. A sales contract for a work shall be established at the point when the user has completed the ordering procedure on this service and the Company has sent the user an order-confirmation email.
2. Notwithstanding the preceding paragraph, if bank transfer is selected as the payment method and payment cannot be confirmed within the period specified by the Company (3 business days), the Company may cancel the order in question.
3. The Company may request identity verification documents and a confirmation form specified by the Company for purchases above a certain amount or in other cases the Company deems necessary. Additional supporting materials may also be requested; if such cooperation is not provided, the Company may decline to accept the order or withhold delivery of the work.
4. In cases involving multiple purchases of works by the same artist or other cases it deems necessary, the Company may, at its discretion, limit purchase quantities, cancel excess orders, or request identity verification cooperation. If circumvention of such limits using multiple accounts or similar means is confirmed, the Company may refuse further transactions.
Article 7 (Method of Payment)
1. Payment for works on the e-commerce site shall be made by credit card or bank transfer. Bank transfer fees shall be borne by the user.
2. Purchases made in person at the gallery shall be paid for at the register on-site, by credit card or another payment method designated by the facility. Cash is not accepted.
Article 8 (Delivery of the Artwork)
1. Works are shipped by the artist or by the Company (our office or gallery). Delivery of works is limited to destinations within Japan.
2. If you purchase the certificate-of-authenticity option, the NFC tag will be delivered directly to you by Startbahn Inc., separately from the work itself.
Article 9 (Returns, Exchanges, Cancellations)
1. Returns, exchanges, and cancellations for reasons attributable to the user after an order is confirmed will not be accepted.
2. If the delivered work differs from the order, or if it is damaged or defective, the user shall notify us within 7 days of the work’s arrival, and we will handle the matter—including exchange or refund—at our own responsibility and expense.
3. For made-to-order pieces, cancellation cannot be accepted once production has begun.
4. If a work cannot be received due to circumstances on the purchaser's part, or is returned for any other reason attributable to the purchaser, the cost of return shipping shall be borne by the purchaser.
Article 10 (Certificate of Authenticity)
1. Issuance of a certificate of authenticity (a blockchain certificate; hereinafter the "Certificate") is a paid option. Fees are subject to change, so please check our website or the purchase screen for the latest pricing.
2. Issuance of the certificate requires a Startrail account provided by Startbahn, Inc.
3. If the certificate option is purchased, the purchaser's name, address, and other information will be handled, in order to deliver the NFC tag to the purchaser, by Startbahn, Inc., the Company's contracted service provider, under the Company's supervision. Handling of information users provide directly to Startbahn, Inc. in connection with opening a Startrail account is governed by that company's own privacy policy.
4. If an order is cancelled or a work returned, the certificate for that work will be uniformly invalidated and may not be used thereafter. The accompanying NFC tag may be returned to us or disposed of by the purchaser (if returned, shipping costs will be borne by the Company).
5. When transferring a work to a third party, the certificate transfer procedure on Startrail shall be carried out by the user themselves. The same shall apply to a transfer to the recipient when a work is purchased as a gift.
6. Handling in cases where the certificate receipt procedure is not carried out for an extended period shall follow our instructions.
7. Reissuance of an NFC tag that has been lost or damaged will be charged a fee. The fee and procedure for reissuance will follow the Company's instructions.
Article 11 (Made-to-Order Production)
1. An application for a made-to-order commission requires user registration. When applying, you will be asked to provide your name, address, phone number, and other information specified by the Company.
2. Payment for made-to-order works shall be made when production begins (when agreement is reached on the production details and delivery date).
3. Cancellations after production has begun cannot be accepted.
4. The production details and delivery date will be finalized through communication with our office. The delivery date may be extended depending on the production status.
Article 12 (Suspension of Provision of the Service, etc.)
1. The Company may suspend or interrupt the provision of all or part of this service without prior notice to users, if it determines that any of the following grounds applies.
(1) When performing maintenance, inspection, or updates of the computer systems related to this Service
(2) When provision of this Service becomes difficult due to force majeure such as earthquake, lightning, fire, power outage, or natural disaster
(3) Where computers or communication lines, etc. are suspended due to an accident
(4) Any other case in which we determine that providing this service is difficult
2. The Company shall bear no liability whatsoever for any disadvantage or damage incurred by a user or a third party as a result of the suspension or interruption of this service.
Article 13 (Withdrawal)
1. Users may withdraw from this Service by following the withdrawal procedure prescribed by our company.
2. Upon withdrawal, purchase history and other registered information will be deleted and cannot be restored. Handling of any already-issued certificates on Startrail shall be governed by the terms of Startbahn Inc.
Article 14 (Restriction of Use and Deregistration)
1. We may, without prior notice, restrict a user’s use of all or part of this service, or cancel their user registration, if the user falls under any of the following.
(1) In the event of a violation of any provision of these Terms
(2) If it is discovered that the registered information contains false statements
(3) Any other case in which we determine that use of this service is inappropriate
2. The Company shall bear no liability whatsoever for any damage incurred by a user as a result of actions taken by the Company under this article.
Article 15 (Disclaimer of Warranty and Exemption from Liability)
1. We make no warranty, express or implied, that this service is free of factual or legal defects (including defects, errors, or bugs relating to safety, reliability, accuracy, completeness, effectiveness, fitness for a particular purpose, or security, as well as infringement of rights).
2. Our liability for non-performance shall be exempted in cases not attributable to our willful misconduct or gross negligence.
3. Even where the Company bears liability for any reason, it shall be liable only within the scope of damages that would ordinarily arise, to the extent not in conflict with the Consumer Contract Act or other mandatory laws.
4. The Company shall bear no liability whatsoever for any transaction, communication, or dispute arising between a user and another user or third party in connection with this service.
Article 16 (Changes to Service Content, etc.)
The Company may, after providing prior notice to users, change the content of this service or discontinue its provision. However, this shall not apply in cases of urgent necessity.
Article 17 (Changes to the Terms of Use)
1. Our company may amend these Terms based on the provisions of Article 548-4 of the Civil Code (Modification of Standard Terms).
2. When amending these terms, the Company shall set an effective date and shall publish the revised content and the effective date on this service's website a reasonable period before that date.
Article 18 (Handling of Personal Information)
We shall handle personal information obtained through the use of this service appropriately, in accordance with our “Handling of Personal Information (Privacy Policy)” and “Cookie Policy.”
Article 19 (Notices and Communications)
Notices or communications between the user and our company shall be made in the manner prescribed by our company.
Article 20 (Prohibition of Assignment of Rights and Obligations)
A user may not, without the Company's prior written consent, assign to a third party their status under the terms of use, or any rights or obligations arising under these terms, nor provide them as security.
Article 21 (Governing Law and Jurisdiction)
1. In interpreting these Terms, Japanese law shall be the governing law. This shall apply equally even where the user is located outside Japan.
2. In the event of a dispute concerning this Service, the court with jurisdiction over the location of our head office shall be the exclusive agreed court of jurisdiction.
Supplementary Provisions
1. These Terms of Use,[Year] [Month] [Day] [Required: Enactment Date]and is hereby established,●/●/2026 [Required entry: Revision date (Publication date)]has been revised.
2. Changes to these Terms shall follow the procedures set forth in Article 548-4 of the Civil Code (Modification of Standard Terms).
End