Established: August 24, 2026 | Last revised: August 24, 2026
Our store is operated from Japan, under the laws of Japan. The governing
language of these Terms is Japanese. This English version is provided for
reference; where there is any conflict, the Japanese version prevails.
1. General
1.1. These Terms set out the conditions on which you use artisano.jp and
artisano.shop (together, the "Platform") and purchase products
through it. The Platform is operated by Artisano Inc. (legal name: アーティザノ株式会社)
("we", "us"). The Platform includes the services made
available in your jurisdiction through the Platform ("Services"), the
graphics, texts, videos, images, and other materials provided through the
Platform ("Materials"), and the products offered for sale through the
Platform ("Items").
1.2. We may publish additional guidelines and conditions for particular
parts of the Platform. Those form part of these Terms. Our Privacy Policy and
our Notation Based on the Act on Specified Commercial Transactions form part of
these Terms.
1.3. If you do not agree to these Terms, please do not use the Platform.
1.4. Except where a product page states otherwise, we are the seller and the
contract of sale is between you and us (see Clause 17.1(F)).
1.5. In these Terms, the "Artisano Parties" means us and our
officers, directors, employees and agents, together with our affiliates and
their officers, directors, employees and agents. Independent sellers and
artisans who sell Seller Items (Clause 1.6) are not Artisano Parties.
1.6. Clauses 9 to 12 describe purchases where we are the seller. Where a
product page identifies an independent seller or artisan as the seller, that
Item is a "Seller Item": the contract of sale is between you and that
seller; the seller's own sales conditions and legally required disclosures
apply to that sale; and our role is limited to that described in Clauses
17.1(F) and 17.1(H), which use the same term. We state clearly, on the listing
and at checkout, who the seller of each Item is.
2. Secondhand dealing
2.1. We are licensed as a secondhand articles dealer under Japanese law.
- Licensing authority: Tokyo Metropolitan Public
Safety Commission (東京都公安委員会)
- Licence
number: No. 308892619685 (第308892619685号)
- Name as licensed: Artisano Inc. (アーティザノ株式会社)
2.2. We sell both new goods and secondhand goods, including antiques. Where
an item is sold as secondhand, the product page says so and describes its
condition.
2.3. If we buy secondhand goods from you, Japanese law requires us to verify
your name, address, occupation and age. If you are not willing to provide this,
we cannot proceed with the transaction.
2.4. We do not buy secondhand goods from anyone under 18.
2.5. If goods you sell us turn out to be stolen or otherwise unlawfully
obtained, we will act as the law requires.
3. Accounts
3.1. You may purchase as a guest or by registering an account.
3.2. You must give true and current information when registering and keep it
up to date. Where a notice fails to reach you because your registered
information was inaccurate or out of date, it is deemed to have arrived when it
would ordinarily have arrived.
3.3. You are responsible for keeping any passwords, passkeys, validation
codes, or any other security-related data confidential and for activity
conducted through your account, other than activity resulting from a failure on
our part.
3.4. You may close your account at any time. Closing it does not cancel
orders already placed.
4. Notices and electronic communications
4.1. We give notices by email to the address in your registration or order
information, by posting on the Platform, or by any other method we reasonably
consider appropriate. An email notice is deemed to have reached you at the
earlier of the time you are able to view it and 24 hours after we send it. We
are not responsible for the behavior of spam filters, anti-virus filters,
security software, or any other software that may impact your ability to
receive, view, or process any email communication from us. This does not apply
where your inability to receive a communication results from a failure on our
part.
4.2. You agree that all agreements, notices, disclosures and other
communications we provide to you electronically satisfy any legal requirement
that they be in writing, unless mandatory applicable law specifically requires
a different form.
5. Marketing
We may contact you to survey your opinion of the Platform, confirm the
status of a transaction, or follow up an enquiry. We contact you about
campaigns and offers only where you have consented, and every such message
contains a means of unsubscribing.
6. Minors
6.1. If you are a minor, you may use the Platform only with the consent of a
parent or guardian.
6.2. If we find that a minor is using the Platform without that consent, we
may suspend use of the Platform and cancel the order.
6.3. We may restrict the products available to customers below an age we
specify.
7. Prohibited conduct
7.1. When using the Platform you must not:
- break any law, court order or binding
administrative measure;
- act
contrary to public order or good morals;
- provide
any benefit or cooperation to organised crime;
- impersonate
another person or knowingly submit false information;
- apply
to purchase a product without the intention of purchasing it;
- purchase
using automated tools or bots, or scrape product pages, without our prior
permission;
- refuse
to accept delivery without legitimate reason;
- return
products repeatedly without legitimate reason;
- place
fictitious orders or transact with yourself or related parties;
- sell
or attempt to sell us goods that are stolen or otherwise unlawfully
obtained;
- infringe
or interfere with the rights of us, of craftspeople, of other customers or
of any third party;
- gain
or attempt to gain unauthorised access to the Platform;
- place
an excessive load on our servers or systems;
- transmit
malware or other harmful programs; or
- otherwise obstruct the operation of the Platform.
7.2. If you breach Clause 7.1, we may, on notice to you: suspend your use of
the Platform; suspend or cancel your account; suspend performance of a
transaction; require payment by a different method; or cancel benefits obtained
improperly and require their return.
7.3. If we suffer loss as a result of your breach, you shall compensate us
for the loss actually and directly incurred.
8. Reviews and submissions
8.1. You retain ownership of any review, photograph or other content you
submit. You grant us a non-exclusive, royalty-free, worldwide licence to use,
reproduce and display it in connection with the Platform and its promotion.
8.2. You must not submit content that is false, that you do not have the
right to submit, or that infringes another person's rights.
8.3. We may remove content that breaches these Terms. We do not remove, edit
or reorder reviews on the basis that they are unfavourable, and we do not
publish incentivised reviews without disclosing the incentive.
8.4. To the extent permitted by law, you agree not to exercise your moral
rights (including rights of attribution and integrity) against the Artisano
Parties in respect of use of your content within the licence in Clause 8.1. The
licence in Clause 8.1 continues after you close your account, but we will stop
new uses of your content on your reasonable request.
9. Orders and formation of the contract
9.1. Product descriptions and prices are an invitation to treat, not an
offer. Your order is an offer to purchase.
9.2. The contract of sale is formed when we send you an email confirming
dispatch, or, if earlier, when we send you an express notice accepting your
order. An automated acknowledgement of receipt does not form the contract.
9.3. We may decline an order for any reason, including where the product is
unavailable, where we cannot ship to your destination, where the price or
description was materially incorrect, or where we suspect fraud. If we decline
after payment has been taken, we refund you in full.
9.4. Many products are one of a kind and held in a quantity of one. Where
two or more orders are placed at close to the same time, we accept the first to
complete payment and cancel and refund the others.
10. Prices and payment
10.1. Prices are as shown on the product page, including Japanese
consumption tax where applicable. Shipping is free of charge to all
destinations. Any other charges are shown at checkout before you confirm the
order.
10.2. We accept payment by instant electronic payment methods only, as
supported by our payment processing partner(s). Payment is taken when you place
your order. If the payment is not authorised, we cannot accept your order.
10.3. Except in cases where explicitly described on the website, duties,
import taxes, customs fees, value-added taxes, local sales taxes, and any other
cross-border charges or taxes in the recipient's region are not Artisano's
responsibility and are the responsibility of you or the recipient of the item
purchased. You recognize that international trade regulations are complex and
are subject to change at any time.
10-2. Shipping, delivery and risk
10-2.1. Dispatch and delivery times shown on the Platform are estimates and
not guarantees. If dispatch of your order will be significantly delayed, we
will tell you, and you may cancel any undispatched order under Clause 11.1 and
receive a full refund.
10-2.2. Risk of loss of or damage to an Item passes to you when the Item is
delivered to the address you gave us. Title passes on the later of delivery and
receipt of full payment.
10-2.3. Damage in transit is handled under Clause 11.1 — please photograph
the packaging and the Item and contact us, ideally within the 14-day reporting
window described there. As Clause 11.1 states, that window does not reduce your
statutory rights.
10-2.4. If a parcel cannot be delivered because the address you gave was
wrong or incomplete, or because you refused delivery without legitimate reason,
we may charge you the actual and reasonable costs of storage, return carriage
and redelivery that we in fact incur. If the Item remains unclaimed for 30 days
after we notify you, we may treat the order as cancelled and refund the price
less those costs.
11. Returns, exchanges and cancellations
11.1. Returns, exchanges and cancellations are governed by our Notation
Based on the Act on Specified Commercial Transactions, which forms part of
these Terms. In summary:
- Before dispatch — you may cancel
your order by contacting us, and we refund you in full.
- After
dispatch, change of mind — we do not accept returns or exchanges.
Please check the dimensions, materials and condition on the product page
before ordering, and ask us if anything is unclear.
- Faulty, damaged or incorrect items
— contact us within 14 days of delivery with photographs. Where our
assessment under Clause 11.2 confirms a defect, an incorrect item or
transit damage, we will refund or replace the item and bear all shipping
costs, refunding within 7 business days of completing that assessment
(and, where we asked you to return the item, within 7 business days of the
later of completing the assessment and receiving the item). This applies
equally to damage in transit. For secondhand items, pre-existing damage or
wear that is disclosed on the product page forms part of the item’s
described condition and is not a fault. In some cases we may refund or
replace without requiring a return. The 14-day window is how we ask you to
report issues promptly; it does not reduce any statutory right you have,
including under Clause 11.3.
11.2. Where a buyer reports an issue with an item, we will assess, acting
reasonably and by reference to the standards ordinarily applicable to handmade
goods of the relevant type, whether the issue constitutes inherent variation as
described in Clause 12.1, the disclosed condition of a secondhand item as
described in Clause 12.2 (including disclosed pre-existing damage), or a
genuine defect or transit damage. We may request photographs or the return of
the item for inspection. Our assessment will be communicated in writing with
reasons, and a buyer who disagrees may request one review by a senior member of
our team. Nothing in this clause limits or excludes any statutory rights the
buyer may have.
11.3. Clause 11.1 does not limit your rights where an item is faulty, does
not match its description, or is not the item you ordered. In those cases we
bear all costs.
11.4. Nothing in this Clause affects any right you have under the mandatory
consumer protection law of your country of residence.
12. Our products
12.1. Many of the products we sell are made by hand. Colour, grain, glaze,
dimensions and weight may vary between individual pieces — most markedly in
handmade pieces — and photographs are representative rather than exact. All
items sold may have minor variations in colour, texture, finish, shape,
dimensions, weight, and surface character — including but not limited to small
irregularities, tool and firing marks, minor blemishes, and incidental surface
imperfections. These characteristics are inherent to the materials and making
of the goods, are not manufacturing defects, and do not render the item faulty,
not as described, or of unsatisfactory quality. Accordingly, such variations
are not grounds for return, refund, replacement, or exchange. This does not
affect your rights in respect of items that arrive damaged in transit or that
contain a genuine defect materially affecting their function or intended use.
12.2. Secondhand items may show wear, marks, discolouration or evidence of
past repair consistent with their age, and may contain pre-existing damage. We
describe the condition on the product page and supply the item as it is.
12.3. Nothing in this Clause limits your rights where an item is genuinely
faulty or does not match its description.
12.4. Please follow the care and use instructions on each product page.
Traditional crafts are often unsuitable for dishwashers, microwave ovens,
direct flame or sudden temperature change, and the product page will indicate
where that applies. We are not responsible for damage or injury to the extent
it is caused by use contrary to those instructions.
13. Personal information
We handle personal information obtained through your use of the Platform in
accordance with our Privacy Policy.
14. Intellectual property
All rights in the Platform, including its text, photographs, design and
software, belong to us or to our licensors, including the craftspeople whose
work is shown. Nothing in these Terms transfers any of those rights to you.
15. Assignment
15.1. You may not assign, lend or otherwise transfer to a third party your
rights or obligations relating to use of the Platform.
15.2. If we transfer the business to which these Terms relate to another
party (including by business transfer or company split), we may transfer to
that party our position under these Terms and our rights and obligations, and
you are deemed to have consented to that transfer of contractual position in
advance. Your registration and transaction information may be provided to the
successor in accordance with the Act on the Protection of Personal Information,
which permits provision in connection with a succession of business. We will
notify you of any such transfer.
16. Indemnification
16.1. If your breach of these Terms or your unlawful act (including
submitting content in breach of Clause 8.2) gives rise to a claim, demand or
proceeding by a third party against any of the Artisano Parties, you will, at
our request, cooperate reasonably in the response to it and compensate the
Artisano Party concerned for the loss it actually and directly incurs as a
result, including reasonable legal fees, except to the extent the loss is
caused by an Artisano Party's own breach of these Terms or negligence.
16.2. Nothing in this Clause requires a consumer to pay more than the
compensation permitted by mandatory law.
17. Disclaimer, limitation of liability, and force
majeure
17.1. Disclaimer and Limitation of Liability
(A) THE PLATFORM IS SUPPLIED IN ITS CURRENT
CONDITION
SUBJECT ALWAYS TO PARAGRAPH (B), THE PLATFORM AND EVERYTHING MADE AVAILABLE
THROUGH IT — THE SERVICES, THE MATERIALS, AND THE ITEMS — IS SUPPLIED TO YOU IN
ITS CURRENT CONDITION AND SUBJECT TO ITS CURRENT AVAILABILITY. THE ARTISANO
PARTIES GIVE NO ASSURANCE, UNDERTAKING, GUARANTEE, OR CONDITION OF ANY KIND
CONCERNING THE PLATFORM, WHETHER STATED OUTRIGHT OR IMPLIED, AND THIS INCLUDES
ANY ASSURANCE THAT WOULD OTHERWISE ARISE FROM THE PARTIES' PRIOR COURSE OF
DEALING, FROM INDUSTRY PRACTICE, OR FROM TRADE CUSTOM.
IN PARTICULAR, AND WITHOUT NARROWING THE PARAGRAPH ABOVE, THE ARTISANO
PARTIES DO NOT ASSURE YOU THAT:
- THE PLATFORM, THE SERVICES, THE MATERIALS, OR ANY
ITEM WILL BE SUITED TO A PURPOSE YOU HAVE IN MIND, WILL MEET ANY
PARTICULAR STANDARD OF QUALITY OR SALEABILITY, OR WILL BE FREE OF
COMPETING OWNERSHIP CLAIMS, ENCUMBRANCES, OR THIRD-PARTY INTELLECTUAL PROPERTY
CLAIMS;
- THE
PLATFORM, THE SERVICES, THE MATERIALS, OR ANY ITEM COMPLIES WITH THE LAW
OF ANY PARTICULAR JURISDICTION, WHETHER JAPAN OR ELSEWHERE;
- THE PLATFORM WILL RUN WITHOUT INTERRUPTION OR
ERROR, THAT ANY PARTICULAR FAULT WILL BE REPAIRED, OR THAT THE PLATFORM,
THE SERVICES, OR THE MATERIALS WILL BE FREE OF MALICIOUS CODE OR OTHER
DAMAGING ELEMENTS.
THIS PARAGRAPH (A) CONCERNS THE PLATFORM ITSELF. IT DOES NOT CUT DOWN THE
OBLIGATIONS ARTISANO OWES YOU AS SELLER OF AN ARTISANO ITEM UNDER PARAGRAPH
(G).
(B) WHAT THESE TERMS DO NOT DISCLAIM
NOTHING IN THESE TERMS, INCLUDING THIS SECTION 17.1, EXCLUDES OR LIMITS, AND
NO PART OF THEM MAY BE READ AS EXCLUDING OR LIMITING, ANY OF THE FOLLOWING
LIABILITIES OF ANY OF THE ARTISANO PARTIES:
- LIABILITY ARISING FROM INTENTIONAL MISCONDUCT (故意)
OR GROSS NEGLIGENCE (重過失);
- LIABILITY
FOR DEATH OR PERSONAL INJURY;
- LIABILITY
ARISING FROM A DEFECT KNOWN TO THE RELEVANT ARTISANO PARTY AND NOT
DISCLOSED TO YOU;
- OBLIGATIONS
OWED TO A CONSUMER UNDER THE CONSUMER CONTRACT ACT (消費者契約法),
THE PRODUCT LIABILITY ACT (製造物責任法), THE ACT ON SPECIFIED
COMMERCIAL TRANSACTIONS (特定商取引法), THE ACT ON PROTECTION OF
CONSUMERS USING TRANSACTION DIGITAL PLATFORMS (取引デジタルプラットフォーム法),
OR ANY OTHER MANDATORY PROVISION OF JAPANESE LAW;
- LIABILITY FOR NON-CONFORMITY OF AN ITEM WITH THE
CONTRACT (契約不適合責任) TO THE EXTENT THAT LIABILITY CANNOT BE VARIED
BY AGREEMENT.
THIS PARAGRAPH (B) PREVAILS OVER EVERY OTHER PROVISION OF THESE TERMS. WHERE
ANY PROVISION WOULD OTHERWISE CONFLICT WITH IT, THAT PROVISION APPLIES ONLY SO
FAR AS IT DOES NOT CONFLICT, AND THE REMAINDER OF THESE TERMS CONTINUES IN FULL
FORCE. THIS RULE APPLIES WHETHER OR NOT YOU ARE A CONSUMER.
(C) INFORMATION AND ADVICE CREATE NO SEPARATE ASSURANCES
SUBJECT ALWAYS TO PARAGRAPHS (B) AND (G), NOTHING SAID OR WRITTEN TO YOU IN
CONNECTION WITH THE PLATFORM — WHETHER BY AN ARTISANO PARTY, BY A SELLER OR
ARTISAN, BY ANOTHER USER, OR BY ANY OTHER PERSON, AND WHETHER SPOKEN OR
RECORDED IN WRITING — GIVES RISE TO ANY ASSURANCE BEYOND THOSE WRITTEN INTO
THESE TERMS. THIS COVERS PRODUCT DESCRIPTIONS PREPARED BY THIRD PARTIES,
SUPPORT CORRESPONDENCE, GUIDANCE, AND PUBLISHED MATERIALS.
(D) RISKS YOU ACCEPT
YOU DECIDE FOR YOURSELF WHETHER TO USE THE PLATFORM, TO ACQUIRE ANY ITEM,
AND TO ACCESS, DOWNLOAD, OR OTHERWISE TAKE ANY MATERIALS, AND YOU DO SO ON YOUR
OWN JUDGMENT. SUBJECT ALWAYS TO PARAGRAPH (B), YOU ARE RESPONSIBLE FOR:
- DAMAGE TO YOUR OWN PROPERTY, INCLUDING ANY
COMPUTER, HANDSET, OR OTHER DEVICE YOU USE TO REACH THE PLATFORM;
- LOSS
OR CORRUPTION OF YOUR DATA ARISING FROM YOUR USE OF THE PLATFORM OR YOUR
HANDLING OF THE MATERIALS;
- THE CONSEQUENCES OF YOUR DEALINGS WITH SELLERS,
ARTISANS, AND OTHER USERS WHOM YOU ENCOUNTER THROUGH THE PLATFORM.
(E) IMPORT, CUSTOMS, AND CROSS-BORDER PURCHASES
MANY ITEMS ARE DISPATCHED FROM JAPAN. SUBJECT ALWAYS TO PARAGRAPH (B), WHERE
YOU ARRANGE FOR AN ITEM TO BE SENT ACROSS A BORDER, YOU ACT AS THE IMPORTER,
AND MEETING THE IMPORT REQUIREMENTS OF THE DESTINATION COUNTRY IS YOUR
RESPONSIBILITY. THIS COVERS, AMONG OTHER THINGS, CUSTOMS DUTIES AND CONSUMPTION
TAXES, IMPORT BANS AND RESTRICTIONS, LICENCES AND PERMITS, SPECIES AND
MATERIALS CONTROLS, CULTURAL PROPERTY RULES, AND ANY DECLARATION OR
NOTIFICATION THE DESTINATION COUNTRY REQUIRES.
SUBJECT ALWAYS TO PARAGRAPH (B), YOU ACCEPT THE RISK THAT AN ITEM MAY BE
DETAINED, SEIZED, RETURNED, OR DESTROYED BY A CUSTOMS OR REGULATORY AUTHORITY,
AND THE RISK OF ANY DUTY, TAX, FINE, PENALTY, OR SANCTION ARISING FROM ITS
IMPORT.
(F) WHO YOU ARE BUYING FROM
ITEMS ON THE PLATFORM ARE SOLD IN ONE OF TWO WAYS, AND EVERY LISTING STATES
WHICH APPLIES:
- AN ARTISANO ITEM IS SOLD TO YOU BY
ARTISANO AS PRINCIPAL. ARTISANO IS THE SELLER AND YOUR COUNTERPARTY, AND
PARAGRAPH (G) APPLIES.
- A SELLER ITEM (CLAUSE 1.6) IS SOLD
TO YOU BY AN INDEPENDENT SELLER OR ARTISAN. THAT SELLER IS YOUR
COUNTERPARTY. ARTISANO PROVIDES THE PLATFORM AND, WHERE STATED, PAYMENT
AND LOGISTICS SUPPORT, BUT IS NOT THE SELLER. PARAGRAPH (H) APPLIES.
BEFORE YOU COMPLETE AN ORDER, THE CHECKOUT SCREEN IDENTIFIES THE SELLER OF
EACH ITEM. YOU MAY ALSO ASK ARTISANO AT ANY TIME TO IDENTIFY THE SELLER OF A
SELLER ITEM, AND ARTISANO WILL PROVIDE THE INFORMATION IT IS REQUIRED TO
PROVIDE UNDER THE ACT ON PROTECTION OF CONSUMERS USING TRANSACTION DIGITAL
PLATFORMS (取引デジタルプラットフォーム法).
IF A LISTING DOES NOT IDENTIFY THE SELLER, OR THE IDENTIFICATION IS UNCLEAR,
THE ITEM IS TREATED AS AN ARTISANO ITEM AND PARAGRAPH (G) APPLIES TO IT.
(G) ARTISANO ITEMS — WHAT ARTISANO STANDS BEHIND AS SELLER
WHERE ARTISANO SELLS YOU AN ARTISANO ITEM, ARTISANO IS THE SELLER AND OWES
YOU THE OBLIGATIONS OF A SELLER. IN PARTICULAR:
- ARTISANO IS LIABLE FOR NON-CONFORMITY OF THE ITEM
WITH THE CONTRACT (契約不適合責任) IN ACCORDANCE WITH THE
CIVIL CODE AND WITH THESE TERMS;
- THE
DISCLOSURES REQUIRED OF A MAIL-ORDER SELLER UNDER THE ACT ON SPECIFIED
COMMERCIAL TRANSACTIONS (特定商取引法), INCLUDING ARTISANO'S
RETURNS AND CANCELLATION POLICY, ARE SET OUT ON THE 特定商取引法に基づく表記
PAGE OF THE PLATFORM, WHICH FORMS PART OF THESE TERMS;
- THE RELEASE IN PARAGRAPH (H) DOES NOT APPLY TO
ARTISANO ITEMS, AND NOTHING IN THIS SECTION 17.1 RELEASES ARTISANO FROM
ITS OBLIGATIONS AS SELLER OF AN ARTISANO ITEM.
PARAGRAPHS (I) AND (J) CONTINUE TO APPLY TO ARTISANO ITEMS, SUBJECT ALWAYS
TO PARAGRAPH (B).
(H) SELLER ITEMS AND DEALINGS WITH OTHER USERS
WHERE THE PLATFORM CONNECTS YOU WITH AN INDEPENDENT SELLER OR ARTISAN, THE
CONTRACT FOR THAT SELLER ITEM IS BETWEEN YOU AND THAT SELLER, AND THAT SELLER
IS RESPONSIBLE FOR THE ITEM, ITS DESCRIPTION, ITS DELIVERY, AND ITS AFTER-SALES
OBLIGATIONS.
SUBJECT ALWAYS TO PARAGRAPHS (B) AND (G), AND SUBJECT TO THE DUTIES THE
ARTISANO PARTIES OWE UNDER THE ACT ON PROTECTION OF CONSUMERS USING TRANSACTION
DIGITAL PLATFORMS (取引デジタルプラットフォーム法), YOU RELEASE, DISCHARGE, HOLD HARMLESS,
AND AGREE NOT TO SUE THE ARTISANO PARTIES IN RESPECT OF ALL CLAIMS, LOSSES,
DAMAGES, LIABILITIES, DEMANDS, AND CAUSES OF ACTION, WHETHER AT LAW OR IN
EQUITY, THAT ARISE FROM OR RELATE TO YOUR PURCHASE OR USE OF ANY SELLER ITEM OR
TO YOUR DEALINGS WITH ANY SELLER, ARTISAN, OR OTHER USER. CLAIMS OF THAT KIND
ARE TO BE PURSUED AGAINST THE SELLER OR OTHER USER CONCERNED.
SUBJECT ALWAYS TO PARAGRAPHS (B) AND (G), THE RELEASE IN THE PARAGRAPH ABOVE
REACHES CLAIMS YOU KNOW OF AND CLAIMS YOU DO NOT YET KNOW OF OR SUSPECT, AND
YOU GIVE UP THE RIGHT TO ARGUE LATER THAT YOU DID NOT INTEND TO INCLUDE CLAIMS
YOU WERE UNAWARE OF. IT BINDS YOU AND EVERYONE CLAIMING THROUGH YOU, INCLUDING
YOUR PERSONAL REPRESENTATIVES, HEIRS, SPOUSE, GUARDIANS, EXECUTORS,
ADMINISTRATORS, SUCCESSORS, ASSIGNS, AND NEXT OF KIN.
SUBJECT ALWAYS TO PARAGRAPHS (B) AND (G), IF YOU RESIDE IN CALIFORNIA YOU
ADDITIONALLY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE SECTION 1542, WHICH
PROVIDES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR
OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE
TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE
MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED
PARTY." COMPARABLE PROVISIONS OF OTHER JURISDICTIONS ARE WAIVED ON THE
SAME BASIS.
(I) TYPES OF LOSS THE ARTISANO PARTIES ARE NOT ANSWERABLE FOR
SUBJECT ALWAYS TO PARAGRAPH (B), THE ARTISANO PARTIES ARE NOT ANSWERABLE TO
YOU FOR INDIRECT LOSS, INCIDENTAL LOSS, SPECIAL LOSS, CONSEQUENTIAL LOSS, OR
PUNITIVE DAMAGES, AND ARE NOT ANSWERABLE FOR LOST PROFIT, LOST REVENUE, LOST
BUSINESS OPPORTUNITY, DAMAGE TO REPUTATION OR GOODWILL, OR OTHER LOSSES THAT
ARE NOT DIRECT AND FORESEEABLE.
THIS APPLIES TO LOSS ARISING FROM YOUR ACCESS TO OR USE OF THE PLATFORM,
FROM YOUR INABILITY TO ACCESS OR USE IT, AND FROM THE SERVICES, THE MATERIALS,
OR ANY ITEM. IT APPLIES WHETHER THE CLAIM IS FRAMED AS A BREACH OF AN
ASSURANCE, IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE), UNDER STATUTE, OR ON
ANY OTHER BASIS, AND WHETHER OR NOT AN ARTISANO PARTY WAS TOLD THAT SUCH LOSS
MIGHT OCCUR.
(J) CEILING ON LIABILITY
SUBJECT ALWAYS TO PARAGRAPH (B), THE TOTAL AGGREGATE AMOUNT THE ARTISANO
PARTIES CAN BE REQUIRED TO PAY YOU IN CONNECTION WITH THESE TERMS, THE
PLATFORM, OR ANY ITEM — COUNTING ALL CLAIMS TOGETHER — IS CAPPED AT THE
GREATEST OF:
- THE TOTAL AMOUNT YOU PAID TO ARTISANO IN THE TWELVE
(12) MONTHS ENDING ON THE DATE YOU FIRST NOTIFIED ARTISANO OF THE CLAIM;
- THE
AMOUNT YOU PAID FOR THE ITEM OR SERVICE THAT THE CLAIM CONCERNS, WHENEVER
YOU PAID IT; AND
- ¥50,000.
(K) MANDATORY LAW AND SEVERABILITY
CONSUMER PROTECTION RULES DIFFER BETWEEN COUNTRIES, AND SOME OF THEM
OVERRIDE TERMS OF THIS KIND. WHERE THE LAW THAT APPLIES TO YOU GIVES YOU RIGHTS
THAT THIS SECTION WOULD OTHERWISE CUT BACK, THOSE RIGHTS STAND AND THIS SECTION
YIELDS TO THEM.
IF ANY PART OF THIS SECTION 17.1 IS FOUND INVALID OR UNENFORCEABLE, THAT
FINDING AFFECTS ONLY THAT PART IN THAT JURISDICTION. THE REMAINING PARTS
CONTINUE IN FORCE, AND THE SAME PART CONTINUES IN FORCE ELSEWHERE.
(L) WHY THIS SECTION EXISTS
TO THE EXTENT THEY ARE VALID AND ENFORCEABLE UNDER PARAGRAPH (K), THE
PROVISIONS OF THESE TERMS THAT DISCLAIM ASSURANCES, EXCLUDE CATEGORIES OF LOSS,
OR CAP LIABILITY REFLECT THE ALLOCATION OF RISK ON WHICH ARTISANO'S PRICES ARE
SET. THAT ALLOCATION IS A FUNDAMENTAL PART OF THE BARGAIN BETWEEN US. EACH SUCH
PROVISION STANDS ON ITS OWN AND SURVIVES INDEPENDENTLY OF THE OTHERS, AND EACH
CONTINUES TO APPLY EVEN IF A REMEDY PROVIDED ELSEWHERE IN THESE TERMS TURNS OUT
TO BE INADEQUATE FOR ITS PURPOSE.
17.2. We are not liable for failure or delay caused by
events beyond our reasonable control, including natural disasters, war,
terrorism, civil disturbance, epidemic, changes in law, action or inaction by
government authorities, power failure, failure of communication lines or
computer systems, unauthorised access to data not attributable to our failure
to take reasonable security measures, transport accidents, labour disputes and
customs delays.
17.3. We take reasonable care to ensure that information on
the Platform is accurate and current, but we do not warrant that it is free
from error.
17.4. You are responsible for your own network, device and
software.
18. Suspension, changes and versions
18.1. We may suspend or discontinue all or part of the Platform, giving
reasonable notice where practicable. Orders already accepted will still be
fulfilled or refunded.
18.2. We may revise these Terms where the revision is in the general
interest of customers, or where it is reasonable having regard to the necessity
for it and the appropriateness of its content. We will announce the revision
and its effective date on the Platform before it takes effect. Revisions do not
apply retrospectively to contracts already formed.
18.3. The version above applies to orders placed on or after the "Last
revised" date. For an order placed before that date, the version in force
at the time applies. Previous versions are available at https://www.artisano.jp/en/terms/.
19. Governing law and jurisdiction
19.1. These Terms are governed by and interpreted in accordance with the
laws of Japan.
19.2. To the extent permitted by applicable mandatory law, where litigation
becomes necessary, the Tokyo Summary Court or the Tokyo District Court
(according to the amount claimed) shall be the exclusive agreed court of first
instance.
19.3. If you are a consumer, this does not deprive you of the protection of
any provision that cannot be derogated from under the law of the country in
which you are habitually resident.
20. Export control
20.1. Items sent across a border are subject to Japanese export control law,
including the Foreign Exchange and Foreign Trade Act, and may also be subject
to the trade laws of the destination country. You must comply with those laws
in respect of any Item you buy.
20.2. By placing an order, you confirm that: (i) you do not appear on the
End User List published by Japan's Ministry of Economy, Trade and Industry, or
on any comparable restricted-party list maintained by a government; (ii) you
are not a Sanctioned Person; and (iii) you are not buying on behalf of, or for
the benefit of, anyone within (i) or (ii), or anyone you know or have reason to
believe intends to act contrary to Clause 20.3.
20.3. You will not use any Item in connection with the development,
production, use or stockpiling of weapons of mass destruction — nuclear,
chemical or biological weapons, or missiles or unmanned aerial vehicles capable
of delivering them — or of conventional weapons within the meaning of the
Export Trade Control Order (輸出貿易管理令), or for any other military
end-use. You will not pass an Item on to anyone who you know, or have reason to
believe, intends such a use.
20.4. "Sanctioned Person" means anyone designated under economic
sanctions imposed or enforced by Japan (including under the Foreign Exchange
and Foreign Trade Act), by the United Nations Security Council, or by another
authority whose sanctions apply to the transaction, and any entity owned or
controlled by such a person.
20.5. We may cancel an order, or decline to ship to a destination, where we
consider, acting reasonably, that completing it could put us in breach of
export control or sanctions law. If we cancel after payment has been taken, we
refund you in full unless the law prevents us from doing so.
21. Survival and severability
21.1. Clauses 7.3, 8, 12, 14, 15, 16, 17, 19 and 20, and any other provision
that by its nature should survive, continue to apply after you close your
account, after any contract of sale is performed or cancelled, and after any
suspension or discontinuation of the Platform.
21.2. If any provision of these Terms is found invalid or unenforceable, the
remaining provisions continue in force. Clause 17.1(K) applies to Section 17.1.
22. Contact
Artisano Inc., Tokyo, Japan
support@artisano.jp · +81 50-7117-2855
Our address is disclosed without delay on request. Email us with
"Business information request" in the subject line.