Terms of service
TERMS OF SERVICE
OVERVIEW
Welcome to Tosai Art Tokyo. The terms “we,” “us,” and “our” refer to Tosai Art Tokyo. Tosai Art Tokyo operates this store and website, including all related information, content, features, tools, products, and services, in order to provide you, the customer, with a curated shopping experience focused on Japanese art and antiques (the “Services”). Tosai Art Tokyo is powered by Shopify, which enables us to provide the Services to you.
The following terms and conditions, together with any policies referenced herein, including our Refund Policy, Shipping Policy, and Privacy Policy, describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully. By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, province, or country of residence, or that you have given us your consent to allow any of your minor dependents to use the Services.
To use the Services, including browsing our online store or purchasing any products we offer, you may be asked to provide certain information, such as your name, email address, billing information, payment information, and shipping information. You represent and warrant that all information you provide to us is accurate, current, and complete.
You are responsible for maintaining the confidentiality and security of your account credentials and for all activity under your account. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We make every effort to present our products accurately. However, please note that colors, textures, and product appearance may vary depending on your screen, device, browser, lighting conditions, and display settings.
Many of our products are vintage, antique, or one-of-a-kind items. Age-related wear, toning, stains, creases, minor damage, repairs, and other signs of use or age may be present. Product descriptions and photographs are provided in good faith to help you understand the item before purchase.
Unless expressly stated otherwise, any references to artist, period, school, attribution, subject, or historical context are based on our research, available information, and visual assessment, and should not be interpreted as a formal certificate of authenticity or appraisal.
All product descriptions, prices, and availability are subject to change at any time without notice. We reserve the right to discontinue any product at any time and may limit quantities of any products that we offer to any person, geographic region, or jurisdiction on a case-by-case basis.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Tosai Art Tokyo reserves the right to accept or decline your order for any reason at our discretion. Your order is not accepted until we confirm acceptance and process your payment.
Please review your order carefully before submitting it. Once an order has been accepted or prepared for shipment, we may be unable to accommodate cancellation requests.
If we do not accept, make a change to, or cancel an order, we will attempt to notify you using the email address, billing address, shipping address, or phone number provided at the time the order was placed.
Your purchases are subject to return solely in accordance with our Refund Policy.
You are responsible for ensuring that the products you purchase may be lawfully imported into your country or region. We are not responsible for items being delayed, held, rejected, or returned by customs authorities due to local import restrictions, prohibited goods rules, or failure to pay applicable import charges.
SECTION 4 - PRICES, TAXES, AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be shown in your order confirmation email.
Unless otherwise expressly stated, posted prices do not include shipping, handling, customs duties, import taxes, VAT, brokerage fees, disbursement fees, or other charges that may be assessed by customs authorities or shipping carriers.
For international orders, import duties, taxes, VAT, brokerage fees, disbursement fees, and customs fees are not included in the item price or shipping cost unless expressly stated at checkout. These charges are the buyer’s responsibility.
You agree to provide current, complete, and accurate purchase, payment, billing, and shipping information for all purchases made through our store. You agree to promptly update your account and other information so that we can complete your transactions and contact you as needed.
You represent and warrant that any payment information you provide is true, correct, and complete, that you are authorized to use the payment method provided, and that you will pay all charges incurred by you at the posted prices, including shipping and handling charges and any applicable taxes or fees.
SECTION 5 - SHIPPING AND DELIVERY
We ship products from Japan. Available shipping methods, estimated delivery times, and shipping charges may vary depending on the destination, item, carrier, and shipping service.
All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, import procedures, weather, natural disasters, labor disputes, government actions, or other events outside our control.
For international orders, the customer is responsible for complying with customs requirements in the destination country or region. The customer is also responsible for paying any applicable duties, import taxes, VAT, brokerage fees, disbursement fees, or similar charges unless such charges are expressly collected at checkout.
If a shipment is refused, unclaimed, returned due to unpaid import charges, or returned due to an incorrect or incomplete address provided by the customer, the customer may be responsible for the original shipping cost, return shipping cost, and any related fees incurred.
If an item arrives damaged, defective, or incorrect, please contact us promptly in accordance with our Refund Policy.
SECTION 6 - INTELLECTUAL PROPERTY
The Services, including but not limited to all text, images, graphics, photographs, product descriptions, logos, page layouts, designs, and other content, are owned by Tosai Art Tokyo, its affiliates, or licensors, and are protected by applicable copyright, trademark, and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent, except as permitted by applicable law.
Nothing in these Terms grants or should be construed as granting any license or other rights to you under any trademark, copyright, or other intellectual property right of Tosai Art Tokyo, Shopify, or any third party.
Tosai Art Tokyo’s names, logos, product names, service names, designs, and slogans are trademarks or trade names of Tosai Art Tokyo or its affiliates or licensors. Shopify’s name, logo, product names, service names, designs, and slogans are trademarks of Shopify. All other names, logos, product names, service names, designs, and slogans on the Services are the property of their respective owners.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools or services that we do not monitor, control, or operate.
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 arising from or relating to your use of optional third-party tools.
Any use by you of optional third-party tools offered through the Services is entirely at your own risk and discretion. You should ensure that you understand and agree to the terms provided by the relevant third-party provider.
We may also offer new features, tools, or resources through the Services in the future. Such new features, tools, or resources shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain links to websites, tools, materials, or services provided or operated by third parties. We are not responsible for examining or evaluating the content, accuracy, or policies of any third-party websites or materials.
If you decide to access third-party websites or services, you do so at your own risk. We are not liable for any harm, damages, losses, or issues related to your access to or use of any third-party websites, products, services, resources, or content.
Please review the third party’s policies and practices carefully before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the relevant third party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
Tosai Art Tokyo is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make through our store are made directly with Tosai Art Tokyo.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales transaction between you and Tosai Art Tokyo, including any injury, damage, loss, claim, or issue resulting from products or services purchased from Tosai Art Tokyo. To the fullest extent permitted by applicable law, you release Shopify and its affiliates from claims, damages, and liabilities arising from or related to your purchases and transactions with Tosai Art Tokyo.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy. By using the Services, you acknowledge that you have read our Privacy Policy.
Because the Services are hosted by Shopify, Shopify may collect and process certain personal information about your access to and use of the Services in order to provide and improve the Services. Information you submit through the Services may be transmitted to and shared with Shopify and other service providers that may be located in countries other than where you reside, in order to provide services to you.
Please review our Privacy Policy for more information about how we collect, use, share, and protect personal information.
SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, photographs, or other content to us (collectively, “Feedback”), you grant us a worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, display, and otherwise use such Feedback in any medium for purposes related to operating, providing, improving, and promoting the Services.
You represent and warrant that you own or have all necessary rights to submit such Feedback and that your Feedback does not violate any rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights.
We may, but have no obligation to, monitor, edit, or remove Feedback that we determine in our discretion to be unlawful, offensive, threatening, defamatory, obscene, infringing, or otherwise objectionable.
You are solely responsible for any Feedback you submit and its accuracy. We assume no liability for Feedback submitted by you or any third party.
SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on or through the Services that contains typographical errors, inaccuracies, or omissions. These may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times, availability, or other information.
We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Services is inaccurate at any time, without prior notice, including after you have submitted your order.
SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly:
(a) for any unlawful, fraudulent, or malicious purpose;
(b) to violate any applicable international, national, federal, provincial, state, or local law, rule, or regulation;
(c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(d) to harass, abuse, insult, harm, defame, slander, intimidate, or discriminate against any person;
(e) to submit false or misleading information;
(f) to upload or transmit viruses, malware, or other harmful code;
(g) to send spam, phishing messages, chain letters, or other unsolicited communications;
(h) to impersonate or attempt to impersonate another person or entity;
(i) to collect or track the personal information of others;
(j) to interfere with or circumvent the security features of the Services;
(k) to scrape, copy, extract, or harvest content from the Services without authorization; or
(l) to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services or that may harm Tosai Art Tokyo, Shopify, or users of the Services.
We reserve the right to suspend, disable, or terminate your access to the Services at any time, without notice, if we determine that you have violated any part of these Terms.
SECTION 14 - AGENTS AND AUTOMATED ACCESS
This section applies if you use, allow, enable, or cause the deployment of any software, bot, crawler, scraper, automated tool, artificial intelligence agent, or other service that takes autonomous or semi-autonomous action to access, use, or interact with the Services (an “Agent”).
No Agent may access, use, scrape, copy, extract, or interact with the Services in a manner that violates these Terms, bypasses technical measures, places an unreasonable burden on our systems, conceals its identity, or misrepresents itself as a human user.
We may restrict, block, or limit any Agent’s access to the Services at any time, including by technical measures.
SECTION 15 - TERMINATION
We may terminate this agreement or your access to the Services, or any part of them, at our discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver and Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
SECTION 16 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available for general information purposes. Although we make reasonable efforts to provide accurate information, we do not guarantee that all information is complete, accurate, current, or error-free.
To the fullest extent permitted by applicable law, and except as expressly stated by Tosai Art Tokyo, the Services and products offered through the Services are provided “as is” and “as available,” without warranties or conditions of any kind, either express or implied.
Nothing in these Terms excludes or limits any rights, warranties, guarantees, or remedies that cannot be excluded or limited under applicable consumer protection laws.
SECTION 17 - LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, Tosai Art Tokyo, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, licensors, and Shopify and its affiliates shall not be liable for any indirect, incidental, punitive, special, consequential, or similar damages of any kind, including lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar damages, arising from your use of the Services or any products purchased through the Services.
Nothing in these Terms limits or excludes liability where such limitation or exclusion is not permitted by applicable law.
SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Tosai Art Tokyo, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, claims, or expenses, including reasonable attorneys’ fees, arising out of or related to:
(1) your breach of these Terms of Service or any policies incorporated by reference;
(2) your violation of any law or the rights of a third party; or
(3) your misuse of the Services.
We will notify you of any claim for which we seek indemnification, provided that a failure to promptly notify you will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim, but we will not settle any claim requiring non-monetary obligations from you without your consent, which will not be unreasonably withheld.
SECTION 19 - SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms. Such determination shall not affect the validity and enforceability of any remaining provisions.
SECTION 20 - WAIVER; ENTIRE AGREEMENT
Our failure 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, together with any policies or operating rules posted by us on the Services, constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, or proposals, whether oral or written, between you and us.
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 21 - ASSIGNMENT
You may not delegate, transfer, or assign these Terms or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void.
We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice, to the extent permitted by applicable law.
SECTION 22 - GOVERNING LAW AND JURISDICTION
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, without regard to conflict of law principles.
To the extent permitted by applicable law, you and Tosai Art Tokyo agree that the Tokyo District Court in Japan shall have exclusive jurisdiction as the court of first instance for any dispute arising out of or relating to these Terms or the Services.
Nothing in this section limits any mandatory consumer protection rights that may apply under the laws of your country or region of residence.
SECTION 23 - HEADINGS
The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 24 - CHANGES TO TERMS OF SERVICE
You can review the most current version of these Terms of Service at any time on this page.
We reserve the right, in our 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.
Where required by applicable law, we will notify you of material changes to these Terms. Your continued use of or access to the Services following the posting of any changes to these Terms constitutes acceptance of those changes.
SECTION 25 - CONTACT INFORMATION
Questions about these Terms of Service should be sent to us at store@tosai-art.com.
Our contact information is posted below:
Tousai Planning LLC.
2-3-7 Matsugaya,
Taito-ku, Tokyo-to 111-0036
Japan