Terms of service

OVERVIEW
This website is operated by WORLD1 nigaoe. Throughout the site, the terms “we”, “us” and “our” refer to WORLD1 nigaoe. WORLD1 nigaoe offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

 

SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

 

SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

 

SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. Personal information such as name, e-mail address, address, telephone number, etc. obtained from customers when using this site will be handled in accordance with the "privacy policy" separately set.
Digital photo data for drawing portraits will be deleted using an appropriate and accurate method after the caricature production is completed.Please check our Privacy Policy.

 

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall WORLD1 nigaoe, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless WORLD1 nigaoe and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Japan.
The district court that has jurisdiction over the location of our head office shall be the exclusive agreement jurisdiction court of the first instance.

 

SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

SECTION 20 - SERVICE
In order to use this site, it is necessary to access the web, but the customer shall prepare the equipment, software, communication means, etc. necessary for his own expense and responsibility, and connect and operate appropriately.
This site sells caricatures and caricature-related products and provides information, but various services may be added, changed or deleted in the future.
We do not guarantee the services provided or associated with this site. In addition, we shall not be liable for any damage to the customer due to the uncertainty of the service provided by this site, service suspension, etc. See section 24, "Disclaimer" for more information.

 

SECTION 21 - COPYRIGHT
Except as otherwise provided, the copyright herein, such as of text, graphics, icon, image, photograph belong to “the store.” Customers in “the store” are required to enjoy solely shopping and no other purposes.
Any contents of the site shall not be reproduced without the written consent. Violation of any part of the above policy is subject to the civil and regulatory penalty.

 

SECTION 22 - PROHIBITIONS
The following acts are prohibited when customers use this Website:
・Actions that cause or may cause damage to us or a third party
・Acts that infringe or may infringe the property, honor, privacy, etc. of our company or a third party
・Acts that are or may be offensive to public order and morals
・Acts of making false declarations or notifications, such as registering the email address of another person
・Acts of using this service by illegally using a credit card
・Acts of using or providing harmful programs such as computer viruses
・Acts of unilaterally sending junk e-mails and e-mail newsletters
・Other acts that violate or may violate the law
・Other acts that we deem inappropriate
・Transferring earnings made through criminal activities and aiding, abetting, or otherwise contributing thereto,
・Contributing to the benefit of any antisocial forces (gangs, etc.) or otherwise collaborating with such groups,
・Refusing to accept a product without justifiable grounds,
・Returning, etc., products without justifiable grounds,
・Returning the products with any damages by the receiver,
・Inconveniencing or infringing upon the rights of WORLD1 nigaoe , creators, other customers, or any third parties,

You agree that we may claim damages against you if you violate the above.

If you violate any of the provisions listed above, we reserve the right to take any of the following actions without prior notice to you

・Suspend the use of MARKETS by customers, or terminate the customer's account.
・Suspend the servicing of transactions including the shipment, etc., of products,
・Demand payment from the customer via a different payment method than the method selected by the customer at the time of order,

We shall not be responsible for any losses arising out of taking any action set forth in the preceding Section.

If we suffers any damage or loss as a result of your violation of any of the prohibited items, you must return to us all profits and immediately compensate us for any damage incurred.

 

CTION 23 - DISCLAIMER
・We carefully create and manage all the information posted on this site, but we do not guarantee its accuracy or completeness.
・We makes no guarantees that emails and content sent from our web pages, servers, domains, etc., do not contain malicious content such as computer viruses.
・We bears no responsibility for any damages incurred by customers if our websites are suspended, either in whole or in part, due to: natural disasters; war; terrorist attacks; riots; establishment, revision, or repeal of laws, regulations, or rules; interference or order(s) by a government agency; infectious disease epidemics; power outages; disruption, delay, termination, loss of data, or unauthorized access of data due to system maintenance, dysfunction, or otherwise, of communication lines, computers, etc.; accidents by transportation agencies or organizations; labor disputes; or force majeure events, etc., such as equipment accidents.
・We may suspend or discontinue the operation of this site without notice, and may change all or part of the information posted on this site.
・All damages caused by the customer's use of this site or the inability to use this site for some reason, and any damages caused by third parties writing data, unauthorized access, remarks, sending e-mails, etc. We do not take any responsibility for this.
・We may provide information to customers; however, We shall bear no responsibility for actions that utilize such information.
・We shall bear no responsibility for any damages incurred as the result of customers violating these Terms of Use, etc.
・Upon using our website, customers must prepare and maintain at their own expense a client-side operating environment including the network, computer, software, etc., used by the customer. COMPANY shall bear no responsibility for any damages, etc., incurred due to the customer’s operating environment, etc., or due to the maintenance, etc., thereof.・When the product cannot be delivered according to the customer's request due to weather and traffic conditions.
・When luggage is lost or trouble occurs due to receipt of products other than the orderer.
・When lost or damaged during delivery by the delivery company.
・When the products content is incorrect or the product cannot be shipped due to a customer's description error.
・When the arrival of the photo from the customer is delayed, or it takes time to confirm before shipping due to the customer's convenience, and the delivery date of the portrait is extended.
・When production becomes difficult due to illness, accident, poor physical condition, etc. of the ordered artist.

 

SECTION 24 - CONTRACT CANCELLATION
We can immediately stop the service if you act in violation of this agreement.
When the reason set forth in the preceding paragraph occurs, we can compensate the user for damages.
If we do not confirm the sending of the photo within the specified date after ordering, we can cancel the order and cancel it.

 

ECTION 25 - DAMAGES
If you violate this agreement, you will be compensated for the damage caused to us.

 

SECTION 26 - SPECIAL PROVISIONS
Special provisions may be set out separately based on this agreement.
If there is a provision that conflicts with this agreement on the explanation page of each service of our company, the provision described on the explanation page of each service will be applied.

 

SECTION 27 - RIGHT IMAGE AND COPYRIGHT
Celebrities and characters cannot be drawn due to portrait rights and copyright issues. In addition, even if you prepare a written consent with the seal of the person, the office to which their belong, and the copyright holder, we cannot draw it. In addition, even if our shop does not know and receives a request due to force majeure and causes trouble, we will not be concerned at all, so we will ask you to respond directly.

 

SECTION 28 - PAYMENT
Customers shall complete payment for the price of the product and any additional service charges etc., via the payment method selected when placing the order by our specified deadline. If you fails to make payment by the given deadline, the sales agreement established subject to the request shall be rescinded automatically

Use VISA, Master Card, JCB, American Express, Apple Pay, Google Pay, and Shop Pay to pay for the purchase of the merchandise.
There is no surcharge for using your credit card to make purchases. Provide such information such as card number, name of the purchaser, date of expiry, address, and phone number. Incorrect information will cause a delay in processing your order. Billing date will be the date when the merchandise is purchased．

 

SECTION 29-ABOUT ORDERING

A) The information you submit when you purchase our product shall be true and accurate and shall be updated promptly if there is a change. We are not responsible for any damage to you due to the following reasons.

1. Information has been tampered with, incorrect, or missing

2. When you violates these Terms of Use or the market is illegally used by a third party due to insufficient management of registration information, etc.

B) The payment methods, shipping methods, and other terms and conditions available when you place an order are subject to change. You are personally responsible for reviewing these terms and conditions before submitting a purchase request for a product.

C) When you completes purchase process, no sales contract has been established between you and us. When we contact you to start production, a sales contract for the product related to the submitted request will be established.

D) After completing the process of purchasing our product, we may refuse the transaction. In such cases, you do not have the right to require the company to fulfill your sales contract.

 

SECTION 30 -TRANSFER OF OWNERSHIP
A) After confirming the completion of the payment and making product, we will ship it.

B) Ownership of products shall transfer from us to customers when customers receive products at the place specified by customers.

 

SECTION 31 -Shipping
The product will be shipped except Saturday, Sundays and holidays unless otherwise specified.
Product will be shipped through FedEx.（Product cannot be shipped outside the US.) However, they can be shipped differently as required by the destination countries.
Under the ordinary condition, product will be shipped from fold three weeks to maximum of four weeks.
Shipment’s tracking service is provided by FedEx. We will send “tracking number” to customers.
https://www.fedex.com/ja-jp/tracking.html
A careful packing is being guaranteed, however, any unexpected damage was seen on delivery, simply do not accept the package and check the contents together with shipping company staff.

 

SECTION 32-DUTY/TAX
The terms of sale is DDU "duties and taxes unpaid". The price shown does not include such items as VAT, import duty, tax and other unpredictable charges against middleman and agents. Most imports of our products into the U.S are not subject to customs duties, but in case of these unexpected charge needed in the due course, these charges should be paid by the customers. For more information regarding your country's custom policies, please contact your local customs office or its agents.

 

SECTION 33 - CONTACT INFORMATION
For inquiries regarding this policy, please contact below.
Iroha Publishing Co., Ltd. World One Division
Person in charge : Ken Kawabe
Iwakuraminami Hiraokacho 74 , Kyotoshi Sakyoku, Kyoto 6060032, Japan
Mail : otegami@world1.jp