Terms & Conditions
Welcome to Mizenka.com and thank you for visiting our website (this “Site”). Mizenka Co., Ltd. (trade name Mizenka Gallery, "Mizenka") provides site features and other artworks and services to you when you visit or shop at this Site. Mizenka provides the artworks and services above subject to these Terms & Conditions, including the Description Based on Japanese Specified Commercial Transaction Act below (collectively, the “Terms & Conditions”).
By using this Site, you agree to these Terms & Conditions. Please read them carefully.
Description Based on Japanese Specified Commercial Transaction Act
|Seller||Mizenka Co., Ltd. (trade name Mizenka Gallery)|
|Person Responsible for Sales||Mika Yano|
Azabu Green Terrace 5F, 3-20-1, Minami Azabu
Minato-ku, Tokyo, 106-0047, Japan
TEL: +81-3-6859-8559 E-mail: firstname.lastname@example.org
|Sale Price||For purchases, the sale price (including consumption tax) of each artwork will be displayed.|
|Necessary Charges Besides Artwork Price||
1. Consumption tax is included in the sale price.
2. For bank transfers, bank transfer fees shall be borne by you.
3. Shipping to destinations within Japan:
We generally charge shipping and handling fees.
Such charges may not incur for certain types of artwork.
4. Shipping to destinations outside of Japan:
Shipping and handling fees are charged depending on the artwork and destination.
|Effective Period of Offer||3 business days from the day we send you an order confirmation email|
|Defective Artworks||We sell artworks “as is”. If you would like to see the actual artwork at Mizenka Gallery, please contact us at the contact information above.|
|Sales Quantity||You may order from 1 artwork.|
1. Credit Card
2. Bank Transfer
Bank Account Details:
The Tokyo Tomin Bank, Ltd.
Branch Name：Azabu Branch
Swift Code: TOMIJPJT
Account Number：020-5004040 (first 3 digits are the bank branch code)
Payee：Mizenka Co., Ltd.
Payee Address: Azabu Green Terrace 5F
3-20-1, Minami Azabu
Minato-ku, Tokyo, 106-0047, Japan
For credit card payment, we will ship the artwork within 7 business days from the day on which your credit card was processed. For bank transfer payment, we will ship the artwork within 7 business days from the day on which we confirm receipt of the total amount due. If you wish to pick up the artwork, it will be available at Mizenka Gallery the next business day following the day on which your credit card is processed (in the case of credit card payment) or the day on which we confirm receipt of the total amount due (in the case of bank transfer payment).
※We will inform you by email if shipping or delivery will be delayed due to availability of the artwork or for other reasons. If there are any weekends or holidays between your order date and the shipping date, shipping will be delayed by 1 or 2 days. Shipping or delivery may be delayed due to acts of God, disaster, earthquake or transportation delay, or other reasons that are beyond the control of Mizenka Gallery.
|Payment Deadline||For bank transfer payment, payment is due within 5 days from your order confirmation date. For credit card payment, your card will be processed when your order is confirmed.|
|Shipping||For shipping to destinations within Japan, we ship via Yamato Transport Co., Ltd. For shipping to destinations outside of Japan, we ship via FEDEX.|
|Return Policy||If you wish to return an artwork purchased through our website Mizenka.com, you may return the artwork by calling or emailing us at the contact information above within 5 days from the day on which you received the artwork; provided, however, that we do not accept the return of artwork damaged as a result of reasons that are not due to the fault of Mizenka Gallery. Fees (including but not limited to shipping and bank transfer fees) relating to the return of an artwork shall be borne by you.|
|Cancellation||You may cancel an order by emailing email@example.com within 24 hours after placing your order. Orders cancelled after the 24 hour window may be subject to the Return Policy above if such order has already been shipped.|
Changes to Terms & Conditions
Mizenka may modify the Terms & Conditions at any time and such modifications, additions or deletions will be effective immediately upon posting on this Site. Your use of this Site after such posting shall be deemed to constitute acceptance by you of such modifications.
Changes to Site
Mizenka may change or discontinue any aspect, service or feature of this Site at any time, including, but not limited to, content, hours of availability, and equipment needed for access or use.
View in a Room
Some artworks are available on this Site for viewing in various rooms or settings. You acknowledge and agree that images on this Site for viewing in various rooms or settings are provided by Mizenka only as examples. Mizenka makes no representation or warranty that the images will appear in a similar manner in the purchaser's room.
The Currency Converter on this Site is provided for reference only. Mizenka charges all prices in Japanese Yen. Your credit card company or bank will determine the exchange rate at which your credit card or bank account will be charged, and this may differ from the amount shown in the Currency Converter on this Site.
This Site, Mizenka’s Facebook page and Mizenka’s Twitter may contain comments sections or other interactive features (“Interactive Areas”) in which you may post or upload comments or user-generated content such as video, photos, messages, other materials or items (collectively, “User Content"). You are solely responsible for your use of any Interactive Areas and you use them at your own risk. By submitting User Content to an Interactive Area, you represent that you are legally an adult. If you are not legally an adult, you may not participate in the Interactive Areas or upload User Content.
If you submit any User Content or participate in an Interactive Area within or in connection with this Site, you agree to abide by the following rules of conduct:
• You agree not to upload, post or otherwise transmit any User Content that violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others;
• You agree not to upload, post or otherwise transmit any User Content that is offensive to the online community, including expressions of bigotry, racism, abusiveness, vulgarity or profanity;
• You agree not to upload, post or otherwise transmit any material that is understood by that as offensive or obscene, including, but not limited to pornography;
• You agree not to upload, post or otherwise transmit any User Content that violates any law or engage in activity that would constitute a criminal offense or give rise to civil liability;
• You agree not to upload, post or otherwise transmit any User Content that advocates or provides instruction on illegal activity or discuss illegal activities with the intent to commit them;
• You agree not to upload, post or otherwise transmit, without Mizenka’s express prior approval, User Content which contains advertising or any solicitation with respect to products or services;
• You agree not to upload, post or otherwise transmit User Content that does not generally pertain to the designated topic or theme of any Interactive Area;
• You agree not to impersonate any person or entity, including, but not limited to, any Mizenka employee or staff, or falsely state or otherwise misrepresent your affiliation with any person or entity;
• You agree not to interfere with any other user’s right to privacy, including by harvesting or collecting personally-identifiable information about this Site’s users or posting private information about a third party;
• You agree not to upload, post or otherwise transmit any User Content, software or other materials which contain a virus or other harmful or disruptive component;
• You agree not to interfere with or disrupt this Site or the servers or networks connected to this Site, or disobey any requirements, procedures, policies or regulations of networks connected to this Site;
• You agree not to upload, post, E-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
• You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of this Site, use of this Site, or access to this Site;
• You agree not to upload, post, or otherwise transmit any User Content protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right. The burden of determining that any User Content is not protected by copyright, trademark, trade secret, right of publicity or other proprietary right rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from such a submission. Any person determined by Mizenka, in its sole discretion, to have violated the intellectual property or other rights of others shall be barred from uploading, submitting or posting any further material on this Site;
• You agree that if necessary, you have the consent of each and every identifiable natural person in any submission to use such person's name or likeness in the manner contemplated by this Site;
Any conduct that in Mizenka’s sole discretion restricts or inhibits anyone else from using or enjoying this Site, Mizenka’s Facebook page and/or Mizenka’s Twitter will not be permitted. Mizenka reserves the right in its sole discretion to remove or edit User Content by you and to terminate your Account for any reason. Mizenka is not responsible for User Content submitted to this Site or posted in comments sections, chat rooms, on bulletin boards or on other Interactive Areas by users of this Site.
Mizenka shall have the right, but not the obligation, to monitor User Content posted, transmitted or uploaded to this Site to determine compliance with these Terms & Conditions and any operating rules established by Mizenka and to satisfy any law, regulation or authorized government request. Although Mizenka has no obligation to monitor, screen, edit or remove any of the User Content posted, transmitted or uploaded to this Site, Mizenka reserves the right, and has absolute discretion, to screen, edit, refuse to post or remove without notice any User Content posted, transmitted or uploaded to this Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content posted to this Site at your sole cost and expense.
License to User Content
By submitting User Content to this Site, you automatically grant Mizenka the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sub-license and otherwise exploit such User Content (in whole or in part) worldwide in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such User Content. You warrant that such User Content is accurate and not misleading, and that use and posting or other transmission of such User Content does not violate these Terms & Conditions and will not violate any rights of or cause injury to any person or entity. You further grant Mizenka the right to pursue at law any person or entity that violates your or Mizenka's rights in the User Content by a breach of these Terms & Conditions.
This Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound. Mizenka owns copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Mizenka and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material from this Site, Mizenka’s Facebook page or Mizenka’s Twitter.
Third Party Content
Mizenka is a distributor (and not a publisher) of content supplied by third parties and users. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers or users of this Site, are those of the respective author(s) or distributor(s) and not of Mizenka. Neither Mizenka nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
In many instances, the content available through this Site represents the opinions and judgments of the respective user or information provider not under contract with Mizenka. Mizenka neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on this Site by any third party. Under no circumstances will Mizenka be liable for any loss or damage caused by your use or reliance on information obtained through this Site. Mizenka is not responsible for any actions or inaction on your part based on the information that is presented on this Site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through this Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
Advertisements and Promotions
Mizenka may run advertisements and promotions from third parties on this Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Mizenka, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Mizenka is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on this Site.
Intellectual Property Rights Complaints
Mizenka respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify us immediately by sending an email to: firstname.lastname@example.org
Mizenka attempts to be as accurate as possible in describing and representing our artworks online. However, Mizenka does not warrant that artwork descriptions or other content of any Mizenka service is accurate, complete, reliable, current, or error-free. If an artwork offered by this Site itself is not as described and you purchase the artwork online on this Site, your sole remedy is to return it in unused condition pursuant to our return policy above.
Third Party Businesses
This Site may provide links to the sites of certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. Mizenka does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other terms and conditions of use.
Disclaimer of Warranties and Limitation of Liability
MIZENKA’S SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, ARTWORKS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY MIZENKA ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. MIZENKA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICESS OR ARTWORKS OFFERED OR SOLD ON THIS SITE, OR THE INFORMATION, CONTENT, MATERIALS, ARTWORKS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE, MIZENKA’S FACEBOOK, MIZENKA’S TWITTER AND/OR THE PURCHASE OF THE ARTWORKS AND SERVICES OFFERED AT THIS SITE, ON MIZENKA’S FACEBOOK PAGE AND/OR MIZENKA’S TWITTER IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MIZENKA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MIZENKA DOES NOT WARRANT THAT THE INFORMATION, CONTENT, MATERIALS, ARTWORKS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, MIZENKA'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM MIZENKA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MIZENKA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY MIZENKA SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, ARTWORKS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY MIZENKA SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
These Terms & Conditions were last modified on December 1, 2014.