Conditions of Use
The following conditions of use are for the website Design Tshirts Store graniph (referred to herein as the service ) which is owned and operated by graphis Inc. (referred to here in as graphis ).
Article 1: Applicable Scope and Modification of Conditions of Use
- 1. The conditions of use outlined in this document apply to the supply (by graphis) and use (by users as defined in Article 3) of the service.
- 2. graphis reserves the right to modify these conditions of use at any time without prior notice or consent.
Article 2: Use of the Service
- 1. In using the service the user undertakes to adhere to the current conditions of use and conditions stipulated by graphis in other relevant documents such as the HELP.
- 2. graphis may modify the content of the service without prior notification.
Article 3: Users
User is defined as any individual engaging in activities such as viewing the website and purchasing goods from the service. Users of the service agree to comply with the currently applicable conditions of use.
Article 4: Suspension of Service and Order Deletion
graphis reserves the right to suspend service and/or delete the orders of users to whom one or more of the following items are applicable.
- (1) It is confirmed that the user has in the past had service suspended and/or order(s) deleted.
- (2) Payments due for the use of service are delayed or otherwise unfulfilled.
- (3) It is confirmed that prohibited activities (refer to Article 5) have been engaged in by the user.
- (4) Any other situation which constitutes a violation of these conditions of use has occurred.
Article 5: Prohibited Activities
Users shall not engage in any of the following:
- (1) Entering fraudulent information at the time of purchase.
- (2) Engaging in any activity which interferes with (or may possibility interfere with) the service.
- (3) Fraudulent use of credit cards while using the service.
- (4) Fraudulent use of email addresses and/or passwords.
- (5) Engaging in any activity which results in (or may possibly result in) an annoyance, loss or damage to other users, third parties or graphis.
- (6) Engaging in any activity which infringes upon (or may possibly infringe upon) the trademarks, copyrights and privacy of other users, third parties or graphis.
- (7) Engaging in any activities which are illegal or violate (or may possibly violate) public order.
- (8) Engaging in any other activities which graphis deems to be undesirable.
The above Prohibited Activities constitute not only violations of etiquette but are violations of the Japanese Criminal Code, the Unauthorized Computer Access Law, Trademark Law, Copyright Law, and National Commercial Law Regulations. Users engaging in such activities may face criminal prosecution or bear civil liability for damages.
Article 6: Intellectual Property Rights
- 1. Regarding information gained through use of the service, users shall not (without the permission of the copyright holder) engage in activities such as copying for private use which fall outside the boundaries of use allowed by copyright law.
- 2. In the event that conflict between the user and copyright holders or other third parties arises through violation of this article the user will accept full responsibility for, and bear all costs incurred in the resolution of the conflict while ensuring that no inconvenience or damage is caused to graphis.
Article 7: User Personal Information
All user personal information acquired by graphis will not be disclosed or supplied to third parties expect in the following situations.
- (1) The user permits disclosure of personal information such as name, address, gender, age, email address et cetera.
- (2) graniph supplies data (in such a way that individual anonymity is ensured) to a third party for the purposes of determining usage or other trends relevant to the service.
- (3) When doing so is essential to the adequate provision of service (for example, disclosing the name, address and phone number of the user to a shipping company when shipping purchased items).
- (4) Other instances, as outlined in the HELP.
Article 8: Purchase
- 1. Users can use the service to purchase items.
- 2. When purchasing items users shall make an application for purchase in accordance with the purchase procedure stipulated by graphis.
- 3. In reference to the application for purchase noted above, when the user clicks on the purchase button a purchase contract concerning the applicable item is formed between the user and graphis.
- 4. Cancellation of the application for purchase noted in 2 (above) shall be executed according to the procedures stipulated by graphis in the separate document HELP.
Article 9: Contract Cancellation
1. In any or all of the following situations, graphis reserves the right to cancel the corresponding (purchase) contract.
- (1) The user violates the conditions of use.
- (2) The credit card company designated by the user informs graphis that the card's limit has been exceeded.
- (3) Circumstances are such that the user's ability to fulfill payment obligations has been called into question.
- (4) The item is sold out, and it is impossible to deliver the item with ease.
- (5) The item is undeliverable as addressed(invalid, incomplete, or illegible address or absent address).
- 2. Notwithstanding the conditions outlined in the preceding paragraph (9.1), in the event of fraudulent or inappropriate activities by the user concerning the use of the service the purchase contract may be cancelled or subjected to any other appropriate measure.
Article 10: Payment
- 1. The amount payable at the time of purchase is the sum total of the purchase price of the relevant item(s), shipping and processing fees and consumption tax.
- 2. Payment for purchases will be made by credit card registered in the name of the user.
- 3. Payment by credit card shall be subject to the conditions of the separate contract made between the user and their credit card service provider.
In the event of a dispute between the user and their credit card service provider the matter will be settled between the two parties. graphis accepts no responsibility or liability in such instances.
Article 11: Returns
- 1. Returns, exchange of defective items, and contract cancellation for defective items that cannot be exchanged shall be made within the time limit designated separately by graphis.
- 2. The user shall return items according to the guidelines stipulated by graphis in separate documents such as the HELP.
Article 12: Information Management
- 1. graphis reserves the right to delete without user consent any comment or other information (herein referred to as 'information') sent or uploaded by the user if any of the following items are applicable.
- (1) It is determined that the information is a clear infringement of the copyright or other rights of graphis or third parties or if the information is considered to damage the credibility of, or defame, graphis or third parties.
- (2) graphis receives notification from a third party that the information damages its credibility or defames it, or is an infringement of its copyright or other rights.
- (3) It is determined that the information violates Japanese law or the law of any relevant country.
- (4) A request founded in law to remove the information is received from a government body or public/official organization.
- (5) The information is considered to be incompatible with the operation of the service.
- 2. graphis reserves the right to restrict user access at its own discretion and without prior notification to all or part of the service.
Article 13: Service Interruption
In order to continue to offer good service graphis reserves the right to interrupt the service without prior notification in the following situations.
- (1) Regular maintenance work or emergency repairs.
- (2) Fire, electricity failure, interference from third parties and other similar occurrences which present difficulties to the adequate running of the service.
- (3) Any other situation in which graphis deems service interruption to be necessary.
Article 14: Other Exemptions from Responsibility
- 1. When graphis has an obligation to notify the user regarding a given matter such notification shall be sent to the email address as registered with graphis by the user. Notification relating to the delivery of goods et cetera shall be sent to the address indicated by the user at the time of purchase.
- 2. Regardless of the legal grounds of action, graphis shall not bear any responsibility (other than that stipulated in the preceding articles) for any loss, damage or inconvenience related to the use of the service or goods purchased through the service.
- 3. graphis shall not bear any responsibility for any loss incurred by the user in the case that said user is unable to use the service.
- 4. graphis shall not bear any responsibility for problems or situations arising from the execution of business in accordance with user information/details as registered by the user.
- 5. Regardless of the legal grounds of action, graphis shall not bear any responsibility (other than that stipulated in the preceding articles) for any loss, damage or inconvenience arising from the use of the service.
- 6. In the case that the user harms another user or third party through the use of the service said user will bear all responsibility and costs and shall not inconvenience graphis in any way.
- 7. The user shall bear all costs relating to the use of the service, including but not limited to computer and communication equipment, telecommunications fees, LAN fees, application fees et cetera.
graphis shall not bear any responsibility for or accept any correspondence regarding problems such as incorrect screen display arising from the use of a browser not specified by graphis.
Article 15: Other
- 1. As a general rule, contact between graphis and the user shall be by email or telephone.
- 3. If, in the course of use of the service litigation becomes necessary the Tokyo District Court shall be the exclusive court of the first instance.