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Zenshop Terms of Service

These terms of service (“Terms of Service”) apply to all who use the website found at https://zenmono.jp/shops (“Website”), which is operated by enmono Co., Ltd. (“Company”). By using the Website, you agree to all the terms in the Terms of Service. 

1. Definitions
(1) The word “Services” refers to the selling of merchandise, such as products and design data, by the Company to an MO (defined in clause (3) of this section) through the Website and other services offered by the Company related to the selling. 
(2) A “Member” refers to an individual or a legal entity (such as a company) that agrees to the Terms of Service and has completed the registration that is required by the Company in order to use the various services offered on the Website.
(3) A Member or Other (“MO”) is defined as a Member, someone applying for membership, or someone who visits the Website.  
(4) A “Usage Fee” covers the cost of selling merchandise etc. through the Services and all other costs incurred for using the Services.

2. Using the Services: terms and conditions
(1) You must agree to the Terms of Service to use the Services. The Services cannot be used without agreeing to the Terms of Service.
(2) In the case that an MO resides in a country where the use of the Services is banned by law, or the use of the Services is banned by law in a relevant country, such as a country through which the MO must access the Services, the Services cannot be used. 
(3) The Company shall comply with laws and regulations, and it is responsible for providing MOs with detailed information on merchandise (e.g., downloadable file formats and operating environments) and for clearly laying out the terms and conditions of transactions. 
(4) To complete the registration and become a Member, an applicant must provide their own accurate information (“Member Information”). When any portion of the Member Information is no longer accurate for any reason, the Member must bring the Member Information up to date.
(5) The Member shall bear the responsibility for safeguarding the ID and password that they are given by the Company at the time of registration. The responsibility for any loss or damage resulting from actions such as negligence, misuse, or use of the ID or password by a third party shall be borne by the Member and not by the Company in any way.

3. Buying merchandise
(1) Through the Services, an MO can buy original merchandise produced by the Company or merchandise that the Company sells under a distribution or usage license agreement with the creator. 
(2) An MO who wishes to buy merchandise will complete an application to buy merchandise according to the procedure described on the Website.
(3) After receiving the application from the MO, the Company will notify the MO via an e-mail that the application to buy merchandise has been accepted. When that e-mail is registered in the MO’s mail server in such a way that the recipient can read the content, an individual sales contract (“Individual Contract”) is established between the MO and the Company regarding the purchase of the merchandise that has been applied for. 
(4) Once the Individual Contract is established, the Company will deliver the merchandise to the MO according to the time frame set out by the Company, and the MO will pay the fees associated with the purchase (“Fees”), which include the price of the merchandise (including consumption tax), the shipping fee, handling fees, etc.
(5) Unless authorized by applicable law or by a term in the Terms of Service, the applicability of which should be explicitly stated, cancellations or changes to an order cannot be made after the Individual Contract has been established. By establishing an Individual Contract, an MO accepts all the terms and conditions defined therein. 
(6) Regardless of clause (3) of this section, when there is misconduct or inappropriate behavior by an MO in using the Services, the Company has the right to revoke, cancel, or take other appropriate action in regard to the individual sales contract. The Company also reserves the right to revoke an Individual Contract in the event that an error is found in the terms and conditions of sale that are published on the Website.
(7) Shipment of merchandise through the Services is limited to destinations within Japan and other destinations as specified by the Company: countries within the European Union, Afghanistan, the United Arab Emirates, Yemen, Israel, Iraq, Iran, Oman, Qatar, Kuwait, Saudi Arabia, Turkey, Bahrain, Jordan, India, Thailand, Indonesia, Malaysia, the Philippines, Singapore, Taiwan, Hong Kong, the Republic of Korea, Russia, Australia, New Zealand, the United States, Canada, and Mexico.

Zenshop Terms of Service

These terms of service (“Terms of Service”) apply to all who use the website found at https://zenmono.jp/shops (“Website”), which is operated by enmono Co., Ltd. (“Company”). By using the Website, you agree to all the terms in the Terms of Service. 

1. Definitions

(1) The word “Services” refers to the selling of merchandise, such as products and design data, by the Company to an MO (defined in clause (3) of this section) through the Website and other services offered by the Company related to the selling. 

(2) A “Member” refers to an individual or a legal entity (such as a company) that agrees to the Terms of Service and has completed the registration that is required by the Company in order to use the various services offered on the Website.

(3) A Member or Other (“MO”) is defined as a Member, someone applying for membership, or someone who visits the Website.  

(4) A “Usage Fee” covers the cost of selling merchandise etc. through the Services and all other costs incurred for using the Services.

2. Using the Services: terms and conditions

(1) You must agree to the Terms of Service to use the Services. The Services cannot be used without agreeing to the Terms of Service.

(2) In the case that an MO resides in a country where the use of the Services is banned by law, or the use of the Services is banned by law in a relevant country, such as a country through which the MO must access the Services, the Services cannot be used. 

(3) The Company shall comply with laws and regulations, and it is responsible for providing MOs with detailed information on merchandise (e.g., downloadable file formats and operating environments) and for clearly laying out the terms and conditions of transactions. 

(4) To complete the registration and become a Member, an applicant must provide their own accurate information (“Member Information”). When any portion of the Member Information is no longer accurate for any reason, the Member must bring the Member Information up to date.

(5) The Member shall bear the responsibility for safeguarding the ID and password that they are given by the Company at the time of registration. The responsibility for any loss or damage resulting from actions such as negligence, misuse, or use of the ID or password by a third party shall be borne by the Member and not by the Company in any way.

3. Buying merchandise

(1) Through the Services, an MO can buy original merchandise produced by the Company or merchandise that the Company sells under a distribution or usage license agreement with a “Player”. 

(2) An MO who wishes to buy merchandise will complete an application to buy merchandise according to the procedure described on the Website.

(3) After receiving the application from the MO, the Company will notify the MO via an e-mail that the application to buy merchandise has been accepted. When that e-mail is registered in the MO’s mail server in such a way that the recipient can read the content, an individual sales contract (“Individual Contract”) is established between the MO and the Company regarding the purchase of the merchandise that has been applied for. 

(4) Once the Individual Contract is established, the Company will deliver the merchandise to the MO according to the time frame set out by the Company, and the MO will pay the fees associated with the purchase (“Fees”), which include the price of the merchandise (including consumption tax), the shipping fee, handling fees, etc.

(5) Unless authorized by applicable law or by a term in the Terms of Service, the applicability of which should be explicitly stated, cancellations or changes to an order cannot be made after the Individual Contract has been established. By establishing an Individual Contract, an MO accepts all the terms and conditions defined therein. 

(6) Regardless of clause (3) of this section, when there is misconduct or inappropriate behavior by an MO in using the Services, the Company has the right to revoke, cancel, or take other appropriate action in regard to the individual sales contract. The Company also reserves the right to revoke an Individual Contract in the event that an error is found in the terms and conditions of sale that are published on the Website.

(7) Shipment of merchandise through the Services is limited to destinations within Japan and other countries and regions as specified by the Company: countries within the European Union, Afghanistan, the United Arab Emirates, Yemen, Israel, Iraq, Iran, Oman, Qatar, Kuwait, Saudi Arabia, Turkey, Bahrain, Jordan, India, Thailand, Indonesia, Malaysia, the Philippines, Singapore, Taiwan, Hong Kong, the Republic of Korea, Russia, Australia, New Zealand, the United States, Canada, and Mexico.

(8) When purchasing merchandise, an MO will pay attention to and thoroughly review the information provided by the Company regarding the merchandise, the application completed by the MO, words of caution provided to the MO by the Company about applying to buy merchandise, and the Terms of Service. 

(9) The Company reserves the right to refuse orders from an MO with whom there was a dispute concerning a previous order, an MO who previously violated the Terms of Service or whom the Company deems may currently be involved in fraudulent activity based on reasonable grounds, or an MO whom the Company concludes that it should not trade with for any other legitimate reason.

4. Services Usage Fee and payment methods

(1) You may need to pay a Usage Fee to use the system for the Services. Rates and other details are as defined in the price list.

(2) The Usage Fee described in the previous clause (clause (1)) should be paid with a credit card through the Services’ online payment system.

(3) In order to make a payment to use the Services, a Member needs to add a payment method by entering the information for a bank account or a valid credit card that belongs to the Member into the Services’ online payment system. In the event of a change in the registered credit card or bank account information, or when the Member no longer owns the registered credit card or bank account, the Member must provide new, current information for a valid credit card or bank account that belongs to the Member and that can be used to make or receive payments.

(4) Receipts or similar statements will not be issued with regard to the money paid to use the Services.

(5) The Usage Fee for the Services may be modified in the future when deemed necessary by the Company. Any change in Usage Fee will take effect when it is posted on the Website. However, in the event of a rise in the Usage Fee, the price rise will be announced on the Website 30 days in advance. At the end of the 30 days from the announcement, the price rise will take effect and will be deemed to have been accepted by the user.

5. Returns and exchanges of merchandise

5. Returns and exchanges of merchandise

(1) If within 30 days of the delivery of merchandise, the Company will accept a request from the MO for return, exchange, or repair of unused and unopened merchandise only. When returning items from outside Japan, the expenses incurred for the return shall be borne by the MO. In addition, the MO shall not hold the Company liable in any way for damages relating to latent defects in the merchandise. 

(2) Notwithstanding the previous clause, returns will not be accepted for downloaded data such as design data.

(3) An MO understands that the Company does not require that the MO accept returns or exchanges if the provisions set forth in clause (1) of this section are not fulfilled. Note, in addition, that “unused and unopened merchandise” in clause (1) of this section refers to merchandise that meets all requirements listed below.
(i) Price tags, sales tags, and other tags/labels are attached to the merchandise.
(ii) Product accessories, attachments, invoices, etc. are all in their original conditions (conditions at the time of delivery). 
(iii) Requirements as specified otherwise by the Company

(4) An MO shall handle returns and exchanges described in clauses (1) and (3) of this section according to procedures specified by the Company.

(5) When a shipment is returned either because it is denied receipt, because of non-delivery resulting from circumstances pertaining to the MO, or because of the MO’s prolonged absence (the exact length of which depends on the shipping company’s mail-holding service policy), the Company will consider this a product return for MO preference reasons upon confirming with the MO by e-mail or telephone within seven days after the shipment is returned to the Company from the shipping company. If an order is requested to be reshipped, the handling fee and shipping fee for the reshipment will be borne by the MO. Any handling fee or shipping fee incurred because of a shipment’s denied receipt or the recipient's prolonged absence will be borne by the MO. 

6. Inventory

(1) An item of merchandise for sale and the associated price are displayed on the Website on the premise that the item is in stock, and if the item is out of stock, you will be notified at the time of order. Note, however, that in the event that multiple MOs place orders for the same item simultaneously, there is a small chance that an error or a correction will occur.

(2) When an order that has been placed cannot be shipped, the MO will be notified by e-mail or telephone as soon as possible. In such a case, the MO will be requested to change the order details by choosing different items or to cancel the order. 

(3) Any sum of money that is debited from an MO’s bank account and is associated with a cancelled order will be refunded. (Refunds will be handled by credit card companies, so the exact timing of a refund will depend on the credit card companies’ policies.) 

(4) The Company is not responsible for any matter related to merchandise being out of stock or needing to be restocked.

(5) The Company reserves the right to make changes to the merchandise listed on the Website at any time without prior notice.

7. Prohibited Acts

(1) An MO may not commit any of the following acts (“Prohibited Acts”). An act is widely defined and includes expressions, verbal and otherwise.
(i) Violate the Terms of Service
(ii) Violate a law or regulation (this includes laws, cabinet orders, ministerial ordinances, ordinances, and other decrees); induce or encourage the foregoing
(iii) Place undue burden on the Services’ network, system, or servers
(iv) Introduce data containing a computer virus and other harmful computer program
(v) Gain unauthorized access to the Company’s network, system, etc. or attempt to gain such access
(vi) Collect data of or on other users of the Services
(vii) Interfere with the operation of the Services or with the network or system 
(viii) Interfere with the access or operations of another MO
(ix) Provide benefit to Anti-Social Forces (an organized crime group or a member thereof)
(x) Other act that runs contrary to public order, morality, or common sense
(xi) Other act deemed inappropriate by the Company because it may constitute an above-mentioned act

(2) MOs who commit any of the Prohibited Acts described in the previous clause (clause (1)), whether intentionally or because of negligence, shall be jointly and severally liable for all consequences, including damages for loss or injury suffered by the Company or a third party because of the committed Prohibited Act.

8. Liability disclaimer

(1) The Company will not bear any responsibility for loss or damage to an MO or third party arising from an addition or modification to the Services, a failure of the Services, or some other unexpected event. 

(2) When an MO violates the Terms of Service or a law or regulation, or when some other form of misconduct is discovered, the Company has the right to terminate the MO’s use of the Website. The Company will not bear any responsibility for loss or damage arising out of the termination. 

(3) In the process of refusing the use of the Services to those who violate the Terms of Service (such as those who cause damage to other MOs or a third party) or those who try to use the Services for unlawful or inappropriate purposes, the Company reserves the right to share information such as name, address, and usage that allow for the identification of individuals with partnering organizations etc.

(4) Any responsibility relating to a product that is sold or purchased on the Website and in which a defect is found shall be borne by the product’s manufacturer and not by the Company in any way.

(5) Any dispute or other problem between MOs shall be resolved by the parties involved, and the Company shall not be held responsible. 

(6) The Company shall not bear any responsibility for any loss or damage that results from visiting a URL through a link in an advertisement in an e-mail sent to an MO by the Company.

(7) The Company shall not bear any responsibility for any loss or damage caused directly or indirectly by the services provided on the Company’s website, by the state of the services at any given time, connection status, the environment in which the services are being used, or any other aspect relating to the services provided on the Website.

(8) The Company has the right to delete the account of a Member who does not use the Services for one year or longer. 

9. Intellectual property rights

Patent rights, utility model rights, design rights, trademark rights, rights relating to know-how and computer programs, copyrights, other intellectual property rights, and all rights related to the above rights that protect content provided by the Company in relation to the Services (“Content”), such as images, designs, text, and characters, belong to the Company or the licensor permitting the use of the Content to the Company. Use of Content is limited to the extent permitted by the right holder.

10. Modifications to the Services or the Terms of Service

(1) The Company may modify, correct, delete, or add portions of the Services and the Terms of Service at its discretion without prior notice to an MO. With the exception of the provisions laid out in (4) of Section 4 of the Terms of Service, any modification, correction, deletion, or addition in the Terms of Service is effective immediately upon posting on the Website. A modification, correction, deletion, or addition is deemed to have been agreed to by an MO if the MO does not terminate their membership within ten days of the change becoming effective or if the MO uses the Services at any time after the change comes into effect.

(2) An MO or a third party shall not hold the Company responsible in any way for any loss or damage to an MO or a third party that arises out of a modification, correction, deletion, or addition in the Terms of Service, whether the loss or damage is direct or consequential, or whether the loss or damage was foreseeable or not.

11. Termination, suspension, etc. of the Services

(1) At its discretion, the Company reserves the right to terminate, cancel, or temporarily suspend the Services, entirely or in part, without prior notice to an MO. 

12. Severability, partial invalidation, etc.

1. When a term in the Terms of Service is deemed, based on a law or regulation, invalid or unenforceable, entirely or in part, efforts shall still be made to interpret that term in accordance with the original intent as much as possible. In addition, if there are any parts of that term that are not invalidated, those parts will remain valid, as will the other terms of the Terms of Service.
2. When part of a term in the Terms of Service is invalidated or becomes void with reference to one MO, the Terms of Service remain valid in relation to other MOs. 

13. Applicable law and jurisdiction
1. Japanese law will apply to the Terms of Service. In the context of the Services, the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply even when the sale or purchase of goods is involved.
2. Any dispute arising out of or relating to the Terms of Service shall be submitted by consent to the exclusive jurisdiction of the Tokyo District Court or the Tokyo Summary Court in the first instance.