Terms of Use
TISM(hereinafter referred to as "Company") hereby establishes the following terms and conditions of use (hereinafter referred to as the "Terms and Conditions") for the use of the "&T" brand website operated by TISM (hereinafter referred to as the "Website" and the services provided by TISM through the Website as the "Services").
Article 1 ：Definitions
The definitions of terms used in this Agreement shall be as set forth in the following items.
- "Merchandise" means collectively goods, rights, and services. Merchandise shall include electronic goods.
- "Site, etc." means collectively the Site and the Services. The Site shall also include our "&T" mobile site.
- "Member" shall collectively mean a customer who has agreed to the Terms and Conditions, has registered as a member in accordance with the procedures specified by the Company in the manner specified by the Company, and has been approved for membership by the Company.
- "Customers" collectively refers to customers and members who agree to these Terms and Conditions and use the Site.
- "Trademarks" collectively refers to the Company's trademarks, logos, and trade names.
- "Content" refers to the text, images, video, audio, and other copyrighted materials displayed on the Internet site.
- "Partner Company" means a business partner company with which the Company has entered into a contract for the provision of the Service.
Article 2 ：Customer Qualifications
Customers may use the Service on the Site in accordance with the Terms and Conditions.A person who wishes to use the Service shall, upon agreeing to the Terms and Conditions, complete the membership registration procedures for the Service in the manner prescribed by the Company, and membership registration shall be completed upon approval by the Company based on an admission screening process prescribed by the Company.
If the Company finds that a customer falls under any of the following items, the Company may disapprove the customer's membership application, suspend the customer's use of the site, or suspend delivery of goods in response to the customer's application, etc.
- If the customer does not exist.
- If the customer's membership is under suspension at the time of use, or if the customer's membership has been terminated in the past.
- If there are any false, erroneous, or incomplete information in the declaration at the time of use.
- In the event that a member has failed to make a payment to the Company.
- In the event that a petition for commencement of bankruptcy proceedings, civil rehabilitation proceedings, provisional seizure, provisional disposition, foreclosure proceedings, or any other proceedings by the customer himself/herself or a third party have significantly worsened the customer's financial situation.
- In the event of any hindrance to the execution of business or technology of the Company or its affiliated companies.
- In the event that the customer has engaged in any conduct that interferes with or hinders the use of this site by other customers.
- If you have violated these Terms of Use or any other terms and conditions of the Company in the past.
- In the event that the Company deems any other situation to be inappropriate.
Article 3 ：ID and Password
Members shall, at their own responsibility, properly manage and store their IDs and passwords for the Service, and shall not allow any third party to use them, or lend, transfer, change the name of, sell, or otherwise dispose of them.If it is discovered that an ID and password for the Service have been stolen or used by a third party, the member shall immediately notify the Company to that effect and follow the Company's instructions.
The member shall be responsible for any and all damages (including reasonable legal fees) incurred by the Company or other third parties due to insufficient management of the ID and password, errors in use, use by a third party, etc. The member shall be responsible for any and all damages (including reasonable legal fees) incurred by the Company or other third parties due to inadequate management of IDs and passwords, errors in use, or use by third parties.
Article 4 ：Notification Items
If there are any changes to the information provided to the Company, the customer shall notify the Company without delay in the form prescribed by the Company.
The Company shall notify you of necessary matters by displaying them on the Site, by sending an e-mail, or by any other method the Company deems appropriate.
Notification from the Company shall be deemed to have reached the customer at the time when it should normally reach the customer, by being sent to the contact address based on the items notified in advance by the Company in the manner prescribed by the Company (hereinafter referred to as "Notified Items"). We shall not be liable for any damage caused by failure to change the Notified Matters.
Article 5 ：Formation of Sales Contract
When a customer wishes to purchase a product, the customer shall make an offer to purchase the product in accordance with the method designated by the Company.If the Company accepts your application as described in the preceding paragraph, the Company will send an e-mail to the e-mail address you have provided or requested to confirm that the contract has been concluded. Upon receipt of the e-mail, a purchase agreement for the Service shall be established between the customer and the Company.
Notwithstanding the provisions of the preceding paragraph, in the event of fraudulent or inappropriate use of the Service, or in the event that the credit card company, etc. designated by the customer notifies the Company of credit default, etc., the Company may cancel or terminate the purchase agreement, suspend performance, or take any other appropriate action.
Article 6 ：Payment Method
Credit Card- The customer's name and the cardholder must be the same.
- To use a credit card, you are required to enter the type of credit card, name of the cardholder, number, and expiration date on the information entry page in accordance with the instructions on this site.
- Credit cards accepted are JCB, VISA, Master, AMERICAN EXPRESS, and DINERS.
- Payment of the product price by the customer is based on the membership agreement of each credit card company. Your credit card will be charged at the time your order is confirmed.
- Please note that even if you wish to pay by credit card, your application will be rejected if your credit card company does not approve the use of your credit card. In this case, please use another payment method.
- You will be required to enter your login information for the payment service before using the service.
- Available payment services are Shop Pay, Apple Pay, and Google Pay.
- Please transfer the payment for the product to the bank account specified in the automatic order receipt e-mail within 5 days after the purchase order is processed.
- Upon confirmation of payment, we will send you an email confirming payment. If we are unable to confirm your payment for the product within the due date, we may cancel the order. Please note that bank transfer fees are the responsibility of the customer.
- The name of the applicant and the name of the payee must be the same. (*If the name of the applicant and the name of the payee differ, we will not be able to confirm the payment.)
Article 7 ：Delivery of Goods
Products and other deliveries ("Deliverables") shall be delivered only to addresses within Japan. Some Delivery Items may not be delivered to certain areas.Customers may not change the delivery address of the Products unless they notify us in accordance with our specified method.
Delivery shall be deemed complete when the delivery is made to the delivery address specified at the time of order (including cases where the delivery is refused or not received due to the recipient's prolonged absence or other reasons).
Except in some areas, our deliveries are delivered to you at the responsibility of the delivery company contracted by us. Matters related to delivery shall be in accordance with the terms and conditions stipulated by the delivery company.
Article 8 ：Transfer of Ownership
Ownership of the product(s) shall be transferred from the Company to the customer upon receipt of the product(s) by the customer or his/her designated delivery address.If you choose to pay by credit card, the credit card company may retain ownership of the products you apply for in accordance with their membership agreement or terms of use. For details, please check the credit card company's membership agreement or the terms and conditions of the credit card agreement.
Article 9 ：Returns and Exchanges
We will not accept returns or exchanges of products that have been damaged or defaced for any reason or at the customer's own risk. In the unlikely event of damage, defect, or wrong product during delivery, please contact "info@and-art.com." within 7 days after arrival. We will check the situation and respond as soon as possible.In the case of a return, the price paid will be refunded only in the case of damaged or incorrectly shipped merchandise, after informing you of the refund method.
Article 10 ：Changes and Cancellation
In principle, we do not accept cancellations or product changes due to customer reasons, as we begin production work after an order has been confirmed. Please understand this in advance.Article 11 ：Notification and Communication
The customer agrees that the Company may display advertisements and banners in all contents, including the Web and e-mail. You also agree in advance that the Company may provide you with product information by e-mail, fax, direct mail, or other means.Article 12 ：Handling of Personal Information
The Company's handling of your personal information shall be in accordance with the Company's Privacy Policy, and you agree that the Company shall handle your personal information in accordance with this Privacy Policy.Article 13 ：Prohibited Matters
When using the Service, the Customer shall not engage in any of the following acts or acts that may lead to such acts.- Use of the Site, etc. for any unauthorized purpose.
- Acts that infringe on the copyrights, trademarks, design rights, patents, or other intellectual property rights, rights of likeness, rights of publicity, or other rights of the Company, affiliated companies, or other legitimate right holders.
- Any act that infringes on the property, privacy rights, portrait rights, or publicity rights of the Company, its affiliated companies, or any other third party.
- Discriminate, threaten, slander, or defame us, our affiliated companies, or other third parties, or damage their credibility or reputation, whether true or false.
- Actions that cause disadvantage or damage to the Company, the affiliated companies, or other third parties.
- Act to use this Site, etc. by impersonating a third party.
- Actions that transmit, provide, or encourage the transmission or provision of computer viruses or other harmful programs.
- Actions that place an excessive burden on the network or system of this service.
- Falsifying or deleting information that can be used on the Site, etc. by the Company, affiliated companies, or other third parties.
- To make unauthorized use of the facilities of the Company, affiliated companies, or other third parties, or to interfere with the operation of such facilities.
- Interfering with the operation of the Site or the Company.
- Violation of laws, regulations, or ordinances, or acts that offend public order and morals
- Actions that encourage or imply the commission of criminal acts or criminal acts.
- Acts that directly or indirectly provide benefits to antisocial forces.
- Actions that violate these Terms of Use or any other terms and conditions stipulated by the Company.
- Other acts that the Company deems inappropriate.
Article 14 ：Copyright
The copyrights to the contents (information, materials, images, sounds, etc.) in the Service are owned by the Company and protected by the Japanese Copyright Law and international treaties, unless otherwise expressly stated individually. No reproduction, diversion, sale, or other use of the contents of this service (information, materials, images, audio, etc.) beyond the legally permissible scope, whether for profit or non-profit purposes, or any transformation, alteration, revision, or adaptation of the contents, is permitted without the prior written agreement of the Company in each case. The Company does not permit the reproduction, conversion, sale, etc., or transformation, modification, addition, revision, adaptation, etc., of the content without the prior written agreement of the Company.Article 15 ：Suspension and Expulsion of Customer Status
The Company may, without prior notice or demand to you and without your consent, temporarily suspend your use of the Site, etc., suspend or expel your qualification as a customer, and suspend delivery of goods to you in response to your application, etc., if any of the following grounds are applicable The Company shall not be obligated to disclose the reason for such suspension or expulsion.- In the event that you use or cause to be used this Site, etc. illegally.
- In the event that you fail to make payment to us.
- When it is found that there is a false entry in the registration, such as a notification item.
- If a petition for seizure, provisional seizure, provisional disposition, compulsory execution, bankruptcy, or civil rehabilitation is filed against the customer, or if the customer files such a petition.
- In the event that the information provided by the Site, etc. is used in an unauthorized manner.
- If we determine that there is a risk of causing damage to us, our partners, or other third parties.
- If you commit any of the prohibited acts set forth in Article 13.
- If you violate any of the provisions of these Terms of Use or any other terms and conditions set forth by the Company.
- If we deem you to be inappropriate to use this site, etc.
- In any other case in which we deem you to be unsuitable as a customer.
Article 16 ：Representations and Assurances Concerning Anti-Social Forces
The customer hereby declares that they, their family members (including those who are in a de facto marriage or similar relationship, as well as relatives of those in such circumstances), individuals or entities who have a dominant influence on their business activities through self-investment, loans, transactions, or other relationships (including major shareholders in the case of corporations), their own officers (including individuals considered to have equal or greater control than officers), employees, or other individuals engaged in business activities (collectively referred to as "themselves") are not associated with organized crime groups (including designated organized crime groups and organized crime group unions) as defined by the Act on Prevention of Unjust Acts by Organized Crime Group Members, individuals who have not passed five years since ceasing to be organized crime group members, quasi-members of organized crime groups, organized crime-related companies, racketeers, or similar individuals, as well as individuals associated with organized crime groups, social movement bōsō goro, special intelligence violent groups, or individuals with close relationships with these groups or similar individuals (hereinafter referred to as "antisocial forces"). The customer further affirms that they will not engage in or be involved in any such activities in the future.
The customer shall ensure that he/she will not directly or indirectly engage in any of the following acts
- Violent demand acts.
- Unreasonable demands beyond legal responsibility.
- Acting or behaving in a threatening manner or using violence in connection with a transaction.
- Acts of spreading rumors, using deceptive means, or using force to damage the Company's credibility or obstruct the Company's business.
- Providing funds or other benefits to antisocial forces.
- Conducting transactions with a third party, regardless of the name of the third party, knowing the third party to be an antisocial force.
- Any other acts similar to those described in the preceding items.
In the event of termination of a related contract pursuant to the preceding paragraph, the customer shall forfeit the benefit of time with respect to all debts owed to the Company and shall immediately repay all such debts.
Article 17 ：Disclaimer
The Company does not warrant that you will not be damaged by computer viruses or other harmful programs when using the Site.The Company shall not guarantee the operation of any equipment or software that you use when using the Site.
The Company shall not bear any communication costs incurred by you in using the Site, etc.
The Company shall not be liable to you for any damages incurred by you arising out of or in connection with your use of the Site, etc.
The Company shall not be liable to you for any damages you cause to other customers or third parties arising out of or in connection with your use of the Service, or for any damages a third party causes to you arising out of or in connection with a third party's viewing of the Service (including damages caused by a third party with malicious intent collecting personal information in some manner, which causes you to suffer damages, (including cases where a malicious third party collects personal information in some way and you suffer damages as a result), as well as any disputes between you and other customers or third parties.
This Article defines our entire liability to you, and in no event shall we be liable for your lost profits, indirect damages, special damages, attorney's fees, or any other damages not provided for in this Article.
Article 18 ：Interruption or Suspension of the Service
The Company may temporarily suspend or discontinue all or part of the Service without prior notice or approval in any of the following cases- In the event of system maintenance, inspection, updating, or other maintenance, etc.
- In the event of fire, power outage, natural disaster, war, riot, disturbance, labor dispute, or other similar event.
- In the event of system trouble that makes it difficult to provide this service.
- In the event that necessary telecommunications carrier services are not provided.
- When there are other operational or technical reasons similar to the preceding item.
- In any other cases where the Company deems it necessary to temporarily suspend or discontinue the Service.
Article 19 ：Change and Termination of the Service
The Company may change or terminate all or part of the Service at any time without prior notice or consent. The Company shall not be liable for any disadvantage or damage incurred by the customer as a result of such modification or termination.Article 20 ：Compensation for Damages
If the Company is liable in default or tort for damages incurred by the Customer arising out of or in connection with the use of the Service, the Company shall compensate the Customer only for direct and ordinary damages actually incurred by the Customer, up to the value of the Products purchased by the Customer. We shall not be liable for damages arising from special circumstances (including cases where we foresaw or could have foreseen the occurrence of damages). We shall not be liable for any damages arising from special circumstances (including cases in which we foresee or could have foreseen the occurrence of damages).Article 21 ：Modification of Terms
The Company may modify the Terms and Conditions at any time when the Company deems it necessary. In the event of modification of the Terms of Use, the Company shall notify the customer of the effective date and content of the modified Terms of Use by posting on the Site or by other appropriate means. However, in the case of changes that require the consent of the customer under the law, the consent of the customer shall be obtained in the manner prescribed by the Company.Article 22 ：Governing Law and Agreed Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of Japan.In the event of any dispute arising in connection with these Terms and Conditions, the Nagoya Summary Court or the Nagoya District Court shall have exclusive jurisdiction as the court of first instance, depending on the amount of the suit.
Enacted on September 1, 2023