Terms and Conditions | amana art photo | Explore and Collect Japanese Photography

TERMS & CONDITIONS

amana inc. (hereinafter referred to as “the Company”) sells photographic artwork
(hereinafter referred to as “the Work”)
which it has been commissioned to sell by dealers in photographic artworks (hereinafter referred to as “Dealers”)
on the website called the “Online Art Sales Site” (http://www.amanaartphoto.com)
(hereinafter referred to as “the Website”) operated by amana, and provides various services related to the Work.
These Terms of Use of the Online Art Sales Site (hereinafter referred to as “these Terms”) apply to sales of the Work on the Website and the use of services incidental thereto.
Article 1 (User)
For the purposes of these Terms, “User” means an individual who has agreed to these Terms and completed the user registration process by filling in the required information using the method designated by the Company. Please note, however, that any person using the Site is deemed to have agreed to comply with and be bound by these Terms, even if the user registration process is incomplete.
Article 2 (Terms)
  • 1)

    Other terms (hereinafter referred to as “Specific Terms, etc.”) to be announced by the Company as necessary on the Website, including various rules and the Basic Information Security Policy, form an integral part of these Terms. In the event of any conflict between these Terms and Specific Terms, etc., the Specific Terms, etc. shall supersede and prevail over these Terms.

  • 2)

    The Company may change these Terms and the Specific Terms, etc. where necessary, without first obtaining consent from the User. Please read these Terms before using the Website, as the changed Terms will apply to the User from the date of their publication on the Website.

Article 3 (Copyright)
Copyrights and other types of intellectual property rights in the content published on the Website (hereinafter referred to as “the Content”; including but not limited to images of the Work, images of photographic artwork or similar images published on the Website other than the Work, explanations, keywords, and interviews accompanying the Work or photographic artwork, articles, news, etc. related to the Work or photographic artwork, and other relevant information) are owned by the Company, Dealers or other rights holders.
Article 4 (Obligations of the User)
  • 1)

    The User shall use the Website in accordance with these Terms and Specific Terms, etc.

  • 2)

    The User shall be responsible for managing and retaining the email address and password used at the time of user registration, and may not transfer, loan or otherwise make these available to any third party.

  • 3)

    If the User discovers any unauthorized use of his or her email address or password by a third party, the User shall immediately notify the Company to this effect and follow any instructions given by the Company.

  • 4)

    The User shall be responsible for resolving at his or her own expense any damage to the User caused as a result of the use of his or her email address or password by a third party through no fault of the Company.

  • 5)

    The User shall answer inquiries from the Company about his or her usage history, method of use, etc. of the Website.

  • 6)

    The User shall promptly notify the Company by the Company’s prescribed method of any change in the User’s address, telephone number or other details registered with the Company at the time of user registration.

Article 5(Prohibited Activities)

The Company prohibits the following activities on the Website. The Company may demand compensation from the User for any damage caused to the Company as a result of violation of these provisions, and the User shall compensate the Company for such damage.

  • (i) Using the email address or password of another person or making his or her own email address or password available to any third party.

  • (ii) Downloading, reproducing, altering, adapting, distributing, transferring, loaning, transmitting or selling images of the Work without obtaining proper authorization from the Company.

  • (iii) Using the services provided by the Company through illicit use of a credit card.

  • (iv) Infringing the intellectual property rights, such as copyrights, or other rights of the Company or any third party.

  • (v) Preventing other users of the Website from using the services provided by the Company.
(vi) Wrongfully interfering with operation of the services provided by the Company and causing or potentially causing disadvantage for the Company.

  • (vii) Slandering, defaming or causing dishonor or discredit to the Company or any third party.

  • (viii) Using a computer virus or other harmful program against the Website.

  • (ix) Compelling a third party to engage in the activities from (i) to (viii) above or aiding and abetting any third party in such activities.

  • (x) Other activities deemed inappropriate by the Company.

Article 6 (Improper Use)

  • 1)

    If the User or an unregistered individual uses the Content improperly (including use without the Company’s authorization), the offender or the individual who used the Content improperly shall pay the Company a penalty to be established separately by the Company. Aside from the penalty, the individual who used the Content improperly shall compensate the Company, Dealers, the owners of the copyright in the Work and/or any type of individual or company related to the Content separately for any damage suffered.

  • 2)

    In the case under the preceding paragraph, the offender or the individual who used the Content improperly shall, at the Company’s request, disclose all information related to improper use requested by the Company and other details including the name, address and telephone number of any third party involved and the name of the person in charge.

Article 7 (Disclaimer)
  • 1)

    The Company is under no obligation whatsoever to modify, change or add equipment, systems or software under its management nor change the method by which it provides the Website to ensure compatibility with the communication equipment or software used by the User when accessing the Website.

  • 2)

    The Company assumes no liability whatsoever for any damage to the User resulting from its provision of the Website, including delays in service provision, changes to the content of the Website, and service interruption, suspension or discontinuation.

  • 3)

    The Company assumes no liability whatsoever for any impact on the User’s terminal equipment, communication devices, recording media and software, etc. or any damage to data occurring in connection with the User’s use of the Website.

  • 4)

    The Company makes no guarantee whatsoever that the Website, the server, the Content and emails sent to the User from the Website are free from viruses and other harmful elements.

  • 5)

    The Company assumes no liability whatsoever for any disadvantage caused to the User as a result of the User’s failure to complete procedures to change information or deregister provided for in Paragraph 6 of Article 4.

Article 8 (Delisting of User and Suspension of Website Use)
The User accepts in advance that the Company may disqualify the User without advance notice if the User:
  • (i)

    violates these Terms;

  • (ii)

    has made a false declaration to the Company or provided false information when registering with the Company;

  • (iii)

    is found to have been disqualified from the Website or another service operated by the Company (or its affiliated companies) in the past;

  • (iv)

    has engaged in activities that otherwise undermine the Company’s trust in the User;

  • (v)

    is an antisocial force or any person equivalent thereto (hereinafter referred to as “Antisocial Force, etc.”) or is found to have been involved in illicit donation, coercion, act of injury to business reputation, obstruction of business, fraud, organized crime or act of making unreasonable demands beyond legal liability;

  • (vi)

    is found to have some kind of financial relationship or other affiliation with an Antisocial Force, etc., either directly or indirectly, or is found to have funded an Antisocial Force, etc. or engaged in similar acts under whatever pretext; or

  • (vii)

    is judged by the Company to have intentionally obstructed operation of the Website.

Article 9 (Personal Information of the User)
The Company shall record the User’s access information to improve the Content and the services it provides. The Company shall manage the personal information of the User obtained through use of the Site in an appropriate manner in accordance with the Act on the Protection of Personal Information. Details of the Company’s Basic Information Security Policy are as specified separately.
Article 10 (Other)
  • 1)

    The construction, validity, performance and interpretation of these Terms shall be governed by the laws of Japan.

  • 2)

    If any part of a provision of these Terms is found to be legally invalid, the other parts of the provision found to be invalid and other provisions will remain in force and will apply to the Company and the User.

  • 3)

    The User and the Company shall consult with each other in good faith to resolve any issues arising between them in connection with the Content and the service provided by the Website. The Tokyo District Court shall be the court of first instance with exclusive jurisdiction over any dispute that cannot be resolved through consultation.

  • 4)

    In the event of discrepancy between the English version and the Japanese version of these Terms, the Japanese language-version shall prevail.



Enacted february 10, 2016

Article 1 (Seller of the Product and Conditions of Sale)
  • 1)

    The Seller of every product sold through the Service (hereinafter referred to as “Product”) is the Company.

  • 2)

    The sale and purchase of the Product is subject to the conditions of sale/purchase set out in these Terms of Online Purchase as well as the conditions published on any homepage to be specified by the Company separately for each Product (hereinafter referred to as “Special Conditions”).

  • 3)

    In the event of inconsistencies between these Terms of Online Purchase and the Special Conditions, the Special Conditions shall prevail.

Article 2 (Order)
An application to purchase a Product (hereinafter referred to as “Order”) shall be made by filling in the Order details on the webpage to be designated separately by the Company and sending this online to the Company via the Internet (hereinafter referred to as “Online Order”).
Article 3 (Payment)
  • 1)

    The price of the Product shown for each Product does not include consumption tax or regional consumption tax (hereinafter referred to as “Consumption Tax, etc.”). Consumption tax is charged only if the buyer is based in Japan.

  • 2)

    The order confirmation screen for the ordered Product displays the total amount of the price of the Product, the delivery charge, insurance and packaging costs (exclusive of consumption tax, etc.) (hereinafter referred to collectively as the “Cost of the Product”). For details of delivery charges, insurance and packaging costs, please visit http://www.amanaartphoto.com/declarations/.

  • 3)

    All tariffs and other import taxes, customs clearance charges and other costs required to deliver the Product to the location or country of residence of the User shall be borne by the User.

  • 4)

    The Order for the Product that appears in the order confirmation screen for the ordered Product should be paid for using the PayPal service operated by PayPal Pte. Ltd. PayPal is a service that allows users to pay with just an email address and password rather than giving credit card details. 
Please use the service in accordance with the payment terms, etc. set out by PayPal Pte. Ltd.

Article 4 (Conclusion, Amendment and Cancellation of Sale Contract)
  • 1)

    The sale contract between the User and the Company shall be concluded when the formal order acceptance procedure to be established by the Company is completed with respect to the Product ordered by the User. “Completion of the formal order acceptance procedure” is when the Company has sent the User notification that the Product is definitely in stock and notification concerning payment and the User has then made payment for the Product purchase.

  • 2)

    Please note that when the Company receives information about an order as a result of an Online Order, the Company may send an email to the User based on the information in the order confirmation screen to notify the User of such receipt, but this is intended to notify the User that the Company has received the information in the order confirmation screen and it is not an indication of the Company’s intent to accept the Order.

  • 3)

    The Company cannot accept any cancellation of an Order by the User after completion of the formal order acceptance procedure. 


  • 4)

    A parent or guardian shall be deemed to have provided consent for any purchase by a person aged under 20 years old.

Article 5 (Delivery of the Product)
  • 1)

    The ordered Product will be delivered through a delivery service provided by a delivery firm designated by the Company.

  • 2)

    There will be a delivery for each product ordered, in principle. However, if the User has ordered more than one Product at the same time, the Company may, depending on the order details and the delivery dates of each Product, decide to deliver the items all together.

  • 3)

    Depending on the Product, the previously notified delivery date may be changed due to the circumstances of the delivery, etc., the delivery date may be delayed due to a lack of stock, etc., or the Company may be unable to accept the Order. Please note that, in this event, the Company assumes no liability whatsoever for any damage resulting from the change in the initially notified delivery date.

  • 4)

    Products cannot be delivered to a post office box, hotel or other temporary location. The Company does not assume any liability whatsoever for any delay in delivery of the product attributable to the delivery firm or damage caused to the User as a result of such delay.

Article 6 (Returns and Exchanges)
  • 1)

    Please check the Product as soon as it arrives, as the Company only approves returns under the following conditions. If you wish to make a return, please notify us in advance at customer@amanaartphoto.com. If the Product sold by the Company is damaged, destroyed, etc. (hereinafter referred to collectively as “damaged, etc.”) at the time of receipt by the User, the Company will refund the Cost of the Product in full, provided it receives a request to return the Product from the User together with a photograph confirming that the Product is damaged, etc. within five (5) days of arrival of the Product, and the Company confirms that the Product is damaged, etc. and judges that this is attributable to the Company. A Product that is damaged, etc. cannot be returned if the Product was damaged through the fault of the User or if the Product was altered, after its arrival, irrespective of the return period.
    The Company cannot accept returns for any reason other than damage, etc. attributable to the Company. Any delivery charge, overseas delivery commission, insurance or packaging costs shall be refunded in full, except in the case of return to suit the User’s convenience. The Cost of the Product and costs for the return such as delivery charges shall be refunded through PayPal.

  • 2)

    Please note that, unless otherwise provided for by law, the Company will not accept returns made more than five (5) days after arrival of the Product, even if the Product is damaged, etc. through the fault of the Company, Dealers or the delivery firm.

  • 3)

    The Company makes every effort to dispatch the Product ordered by the User. However, in the event of delivery of a different Product from the one ordered, the Company will, at its own discretion, check that the Product ordered is in stock and either send the relevant Product or refund the Cost of the Product in full. Regarding refund of the Cost of the Product, once the Company has received return of the mistakenly delivered Product from the User, the Company will refund the Cost of the Product, the delivery charge and other related costs via PayPal.

Article 7 (Transfer of Ownership)
  • 1)

    The ownership of the Product shall transfer to the User when the User receives the ordered Product.

  • 2)

    If the User returns the Product to the Company in accordance with the preceding Article, ownership of the Product shall not transfer to the User.

Article 8 (Prohibited Activities)
  • 1)

    The User shall not engage in any of the following activities when using the Service. Make an order using another person’s email address or another person’s name or a fictitious PayPal account, expiry date, etc. Transfer rights or obligations arising in connection with the Service to any third party or pledge them as collateral, without the Company’s permission. Compel a third party to engage in the activities specified in (i) and (ii) above or aid and abet such activities.

  • 2)

    If any of the preceding Paragraph applies to the User, the Company may, at its own discretion, stop the User from using the Service.

  • 3)

    If the User engages in the activities specified in Paragraph 1 of this Article after the sales contract is concluded or if the Company judges that the User might engage in such activities, the Company may cancel the sales contract concluded with the User, stop dispatch of the Product and take other actions judged necessary by the Company.

Article 9 (Other)
  • 1)

    The construction, validity, performance and interpretation of these Terms shall be governed by the laws of Japan.

  • 2)

    If any part of a provision of these Terms is found to be legally invalid, the other parts of the provision found to be invalid and other provisions will remain in force and will apply to the Company and the User.

  • 3)

    The User and the Company shall consult with each other in good faith to resolve any issues arising between them in connection with Service. The Tokyo District Court shall be the court of first instance with exclusive jurisdiction over any dispute that cannot be resolved through consultation.

  • 4)

    In the event of discrepancy between the English version and the Japanese version of the Terms, the Japanese language-version shall prevail.

  • 5)

    The Company may change these Terms and the Specific Terms, etc. as necessary, without first obtaining consent from the User. The changed Terms shall apply to the User from the date they are published on the Website.



Enacted february 10, 2016