Terms of Use

N’s YARD OFFICIAL ONLINE SHOP (hereafter referred to as the “Shop”) is the only official online shop in and outside of Japan selling products offered for sale at the bricks-and-mortar shop in N’s YARD facilities. Subject to these Terms of Use (hereafter referred to as the “Terms”) set forth below, the use of the Shop is restricted to individual consumers who have no intention of reselling the products. As customers, you are required to read through and agree to these Terms before using the Shop.

Article 1. Applicability

1. These Terms have been set down with a purpose of establishing terms and conditions for transacting products sold by the Shop and the relations between the Company and customers concerning rights and obligations pertaining to the use of the Shop. These Terms are applicable to all relations between any customer using the Shop and the Company concerning the use of the Shop, regardless of whether or not customers have registered as members.
2. Any rules, apart from these Terms, indicated on the Company website (i.e. the website operated by the Company with the domain name “nsyard.shop” (if, for whatever reason, the domain name or contents of the website are changed, including the website with the new domain name or contents)) concerning the use of the Shop will form an integral part of these Terms.
3. If there is any discrepancy between the contents of these Terms and the rules mentioned in the preceding paragraph or any other explanations and the like made outside of these Terms about the use of the Shop, these Terms will be applied with precedence over such other rules or explanations.

Article 2. Membership Registration

Customers who wish to use the Shop may register with the Company as members by agreeing to comply with these Terms and providing to the Company, in a manner prescribed by the Company, certain information prescribed by the Company (such information hereafter referred to as the “Registered Information”). Notwithstanding the foregoing, if any customer corresponds to any one of the following causes, the Company may refuse registration or re-registration, in which case the Company will have no obligation whatsoever to disclose the reason for such refusal:

Article 3. Management of Password and User ID

1. Customers are required to appropriately manage and safeguard registration password and user ID at your own responsibility, and may not allow a third party to use your password or user ID or lend, assign, sell, or change the name of the owner of your password or user ID, or engage in any similar conduct.
2. Customers will be liable for any damage arising from mismanagement or misuse of registration password or user ID or from the use, etc. of your password or user ID by a third party. The Company will not be liable for any such damage whatsoever.

Article 4. Price and Payment Conditions

1. As consideration for purchase of the product(s), customers will pay to the Company the amount set forth separately by the Company that is indicated on the Company website, using payment methods prescribed by the Company.
2. If there is a delay in your payment of the consideration, you will additionally pay a late charge calculated at the rate of fourteen point six percent (14.6%) per annum of the consideration.

Article 5. Prohibitions

In using the Shop, customers may not engage in any conduct that corresponds to any of the following or any conduct that the Company deems it to correspond to any of the following:

Article 6. Suspension of Services

1. In the event of the following, the Company may terminate or suspend the services, either whole or in part, at the Shop without notifying the customers in advance:
   • (1) Emergency inspection or maintenance is required on the Shop’s computer system;
   • (2) An accident has caused the suspension of computers, telecommunication lines, etc.;
   • (3) Earthquake, lightning, fire, flooding, wind damage, power outage, natural disaster, and other force majeure event causes suspension of the operation of the Shop; or
   • (4) The Company otherwise deems it necessary to terminate or suspend the services.
2. The Company will not be liable for any damage whatsoever arising to any customer as a result of the Company taking steps pursuant to the provisions of this Article 6.

Article 7. Vesting of Rights

1. All intellectual property rights to all contents of the Company website as well as all intellectual property rights related to the Shop (including, without limitation, copyrights, trademark rights, patent rights, and rights to obtain or apply for registration of such rights) will vest either in the Company or Yoshitomo Nara (hereafter referred to as the “Creator”), and all such rights are protected under applicable laws in Japan and by applicable international laws. Any purchase of the product(s) does not transfer copyrights or any other intellectual property rights in the product(s) to the purchaser.
2. Customers are prohibited from registering or applying for registration of any copyright, trademark, etc., that may infringe upon the intellectual property rights of the Company or the Creator.
3. Customers are prohibited from using any contents of the Company website for commercial or other similar purposes.
4. In principle, the product(s) offered by the Shop, with the exclusion of books, are sold on a regular basis only at the bricks-and-mortar shop in N’s YARD facilities and at the Shop, and are not sold at any other facilities or online shops in and outside of Japan. If, however, any product(s) on sale at the Shop are to be sold at other facilities on a limited-term basis, such sale will be announced on the website of N’s YARD facilities (http://www.nsyard.com/).
5. Customers are prohibited from infringing upon the intellectual property rights of, or harming the reputation of, the Creator, including, without limitation, reproducing and selling reproductions of the product(s) and manufacturing and selling counterfeits of the product(s).

Article 8. Rescission

1. In the event that any customer corresponds to any one of the following causes, the Company may, without any prior notification or notice requesting cure, temporarily suspend the use of the Shop by such a customer, cancel such a customer’s registration, or rescind any transactions with such a customer:
   • (1) The customer breaches any provision of these Terms;
   • (2) The customer indicates to its creditors its inability to pay debts generally as they become due, it becomes unable to pay debts generally as they become due, or a filing is made for commencement of its bankruptcy proceedings, Civil Rehabilitation proceedings, or any other similar proceedings;
   • (3) The customer does not respond, for thirty (30) days or more, to an inquiry from the Company or to a notice from the Company requesting a response from the customer;
   • (4) It is discovered that the customer corresponds to any of the causes for refusing registration set forth in Article 2; or
   • (5) The Company otherwise deems it inappropriate for the customer to use the Shop or maintain the customer’s registration.
2. The Company will not be liable for any damage whatsoever arising to any customer as a result of the Company taking steps pursuant to the provisions of this Article 8.

Article 9. Changes to and Termination of Services

1. The Company may, at its discretion, change the contents of the services provided at the Shop or terminate any such services.
2. The Company will not be liable for any damage whatsoever arising to any customer as a result of the Company taking steps pursuant to the provisions of this Article 9.

Article 10. Disclaimer of Warranty

1. The Company makes no warranty whatsoever as to the conformity of the services offered at the Shop to any laws, ordinances, and the like applicable to the customers and as to the insusceptibility of the customer’s system from failing as a result of using the Shop.
2. The Company will not be liable for any damages whatsoever for any damage incurred by any customer in relation to interruption, suspension or termination of, inability to use, or changes in the services offered at the Shop; deletion or loss of any electronic message or information sent by the customer; refusal to accept registration of the customer or cancellation of the customer’s registration; loss of data or failure or damage to equipment and instruments as a result of using the Shop; or any other damage incurred by the customer from using the Shop.

Article 11. Handling of Personal Information

1. The Company will handle personal information of customers based on the Company’s Privacy Policy (http://...), which will be prepared separately from these Terms. Customers agree to the handling of personal information of customers based on the Company’s Privacy Policy.
2. As for information, data, and the like provided by customers to the Company, the Company may, at its discretion, use and publish such information, data, and the like in the form of statistical information that cannot be used to identify any specific individuals. Customers will not object to such use and publication of such information, data, and the like.

Article 12. Revision of the Terms of Use

The Company may revise these Terms, and upon such revision, will notify customers the changes made to these Terms. Any use of the Shop by customers after being notified of such changes will mean that they agree to the changes made to these Terms.

Article 13. Communication and Notification

Any inquiry from customers on the use of the Shop and any other communication and notification from customers to the Company, and any notice on changes made to these Terms and any other communication and notification from the Company to customers will be made in accordance with the methods prescribed by the Company.

Article 14. Assignment of Status

1. Customers may not, without the prior written consent of the Company, assign, transfer, or offer as security to any third party or otherwise dispose of your status regarding the use of the Shop or any right or obligation you have under these Terms.
2. In the event that the Company assigns its business related to the Shop to another company, the Company may also assign the status that customers have regarding the use of the Shop, rights and obligations that customers have under these Terms, and the Registered Information of customers and other customer information to the assignee of the business. Customers are deemed to have hereby agreed to such assignment in advance. Assignment under this paragraph will mean any and all types of assignment, including, without limitation, ordinary business assignment as well as corporate split-up and other forms of business transfers.

Article 15. Severability

If any provision of these Terms, or any portion of any provision of these Terms, is found to be invalid or unenforceable under the Consumer Contract Act or any other law, ordinance, etc., other remaining provisions of these Terms, or other remaining portions of any provision of these Terms found to be invalid or unenforceable, will not be affected and will remain in full force.

Article 16. Governing Law and Jurisdiction

1. These Terms and all transactions of product(s) between the Company and customers will be governed by the laws of Japan. Customers agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the sale of product(s) sold at the Shop.
2. Customers agree that any conflict arising out of or in relation to these Terms or any transaction of product(s) between the Company and customer will be subject to the exclusive jurisdiction in the first instance of the Tokyo District Court.

Established on December 5th, 2018