Terms

General Terms

Article 1: General Provisions

Animate Ltd. (the “Company”) hereby establishes these Terms and Conditions (these “Terms”) as the terms of service offered at the shopping site “animate” (the “Site”).

Article 2: Scope and Amendment of these Terms

  1. These Terms shall apply to all users who use the Site.
    By using the Site, you agree to these Terms.

  2. Individual provisions separately prescribed by the Company posted on the Site or supplementary provisions notified from time to time constitute a part of these Terms.
    In the event of any inconsistency between these Terms and the individual provisions or supplementary provisions, the individual provision or supplementary provision will prevail.

  3. The Company is permitted to amend these Terms as necessary at any time.
    Unless otherwise specified by the Company, these Terms after the amendment shall take effect from the time displayed on the Site, and by using the Site, the user agrees to such amendments.

  4. The Company and animate Group (*) will not bear any responsibility even if any obstacle occurs to the user due to the amendments mentioned in the preceding paragraph.
    *animate Group
    Animate Ltd., movic Co., Ltd., MOVIC PROMOTE SERVICE,
    Marine ENTERTAINMENT Inc., Coade, Frontier Works Inc., GAMERS Ltd.,
    libre Inc., SHOSEN, amuse works, mpx, c-labo

Article 3: Use of the Services

  1. The user shall use the Site in accordance with these Terms.

  2. Costs and communication fees incurred by the user arising from the use of the communication equipment, software, and services provided by the Company on the Site (the “Services”) necessary for using the Site will be borne by the user.

  3. Membership registration is required in order to use any of the Services.

  4. The user shall assume all responsibility for the information transmitted by such user through the Site and shall not cause any trouble or damage to the Company.

  5. In connection with the use of the Site, if the user causes any trouble or damage to the Site or other users, or in the event of a dispute, such user will be responsible for resolving such problems, damage and disputes at his/her own expense, and shall not cause any trouble or damage to the Company.

Article 4: Intellectual Property Rights, etc.

  1. All contents (including without limitation, text, images, materials, music, projected images, logos, buttons, icons, data edited on the website, software, programs and Materials (as defined below)) posted on the Site or included in the notice by the Company are the property of the Company or the content provider, and are protected by intellectual property laws (including copyright laws) and other international laws relating to intellectual property. The user shall not copy, reprint, adapt, edit, distribute, sell, publicly transmit, etc. the contents on the Site without permission of the Company or the content provider.

  2. In the event of any problem relating to intellectual property rights (including copyright) in violation of the provisions of the preceding paragraph, the user shall solve such problem at his/her own expense and responsibility, and at the same time, shall not cause any trouble or damage to the Company.

  3. The Company is not obliged to monitor all of the ideas, concepts, proposals, comments, contents and other information (collectively, the “Materials”, excluding personal information) that the user provides to the Company or the Site by e-mail or other means.
    Further, at the time the user provides the Materials, etc. to the Company or the Site, the Company regards the user as having abandoned all rights (including, without limitation, all copyrights (including the rights provided in

    Articles 27 and 28 of the Copyright Law of Japan) and other intellectual property rights) related to the Materials. The Company does not assume any obligation of confidentiality with respect to the Materials, and the Materials can be used for any purpose without any payment to the user or other information provider in the future. The Company is not responsible for any problems arising from such Materials.

     

Article 5: Prohibited Matters

The user shall not engage in any of the following acts in using the Site.

  1. Acts that infringe or have a possibility to infringe upon property rights, privacy rights or other rights of the Company or third parties.

  2. Acts that cause or have a possibility of causing troubles, disadvantages or damage to the Company or third parties.

  3. Acts of providing information to the Company or third parties that is contrary to facts or that offends or may possibly offend the public order and morals.

  4. Criminal acts, acts contrary to the public order and morals, acts in violation of other laws, or acts that have a possibility of constituting these prohibited acts.

  5. Election campaigns, religious activities or similar acts, and other political or religious acts.

  6. Acts of using the password illegally or unlawfully.

  7. Acts of using the Site for liquidation sale, resale, or other commercial purposes.

  8. Other acts that the Company deems inappropriate.

Article 6: Management of Personal Information

The Company will handle the personal information of the user (the “Personal Information”) properly, according to the separately posted “Privacy Policy”.

Article 7: Cancellation / Suspension of the Services

In order to maintain the operation status of the Site, the Company can stop or suspend all or part of the Services without notifying the user in advance in any of the following cases:

  1. When carrying out periodic maintenance or emergency maintenance of the Site, or in the case of unavoidable construction;

  2. When it becomes difficult to provide the Services due to force majeure events such as natural disasters, blackouts, war and disturbances by third parties, etc.; or

  3. When the Company judges that the cessation or suspension of the Services is necessary for operational and technical reasons.

Article 8: Disclaimer

  1. The Company does not assume any responsibility as to the completeness, accuracy, usefulness, etc. of the contents of the Services and the information that the user can obtain through the Site.

  2. The Company does not assume any responsibility in the case of any damage to the user's equipment, etc. or infection by virus, by using the Materials, images and links, etc. posted on the Site.

  3. Some of the services comprising the Services have age restrictions. The use of such services is limited to those over the age of 18.

  4. The Company does not assume any responsibility for any damage incurred by the user caused from any use of the Site in violation of these Terms or any failure to use the Site, regardless of the reason.

Article 9: Members

  1. Members” on the Site means those who have completed the registration procedure in accordance with the prescribed procedures on the Site.

  2. Membership is dedicated to a single person, and the Member shall not loan, change the name of, buy or sell, use as collateral, resell, or transfer, etc. their membership to a third party.

Article 10: Notification of Change

  1. The Member shall promptly notify the Company of any change of name, address, telephone number, e-mail address, and other information, in accordance with prescribed procedures.

  2. The Company does not assume any responsibility even if there is any disadvantage caused to the Member due to their failure to provide notification of the change as set forth in the preceding paragraph.

Article 11: Accountability for Password Management

  1. The Member shall manage and store such Member’s password and mobile device (the “Mobile Device”) that records passwords at their own risk.

  2. The Member shall assume the responsibility for damage due to inadequate management, error in use, use by third parties, etc. of the password and the Mobile Device and the Company does not assume any responsibility therefor.

  3. When the Member finds that their password or Mobile Device has been stolen or used by a third party, such Member shall notify the Company immediately and follow the instructions given by the Company.

Article 12: Withdrawal from Membership; Suspension or Cancellation of Membership

  1. The Member can withdraw from the Site by taking predetermined procedures on the Site. In such case, the customer code is deleted and the same customer code cannot be re-registered after deletion of the membership.

  2. 2. As soon as the Company becomes aware of the death of a Member, the Company shall deem the same to be a withdrawal notification as set forth in the preceding paragraph.

  3. 3. If a Member falls under any of the following items, the Company can suspend or cancel such Member’s membership immediately without notifying the Member in advance:
    (1) When the Member’s acts constitute those set forth in

    Article 5;
    (2) When there is false in the contents of report or notification provided to the Company;
    (3) When it is proven that the Member has been expelled due to violation of these Terms in the past;
    (4) When the Member has been found to be interfering with the operation of the Site, regardless of the means;
    (5) When cancellation/return of products occurs due to the Member’s convenience;
    (6) When the Member delays or fails to perform payment obligations, such as for fees;
    (7) When it is impossible to contact the Member by telephone, facsimile, e-mail or other means notified;
    (8) In the case of any other violation of these Terms; or
    (9) In addition, when the Company judges that the Member is not eligible to be a Member.
  4. As a result of the Company taking the measures set forth in the preceding paragraph, the Company shall not assume any responsibility even if a Member becomes unable to use the Services, thereby causing damage to the Member or a third party. Further, the Member shall not be exempted from full legal responsibility, even after losing membership.

Article 13: Notice to Members

  1. The Member agrees to be contacted by e-mail or through a notice posted on the Site when using the Services or ordering products thereunder.

  2. The Company can notify Member of Member campaigns, sale information and new services that are beneficial to Members who have experience of using the Services, information on products upon analysis of and recommendation from the Member’s purchase history, other questionnaires (surveys regarding the convenience of the Site, improvement of the Services, etc.), and others, by posting on the Site, sending e-mails, enclosing the same in postal items, etc., and the Member accepts the same in advance. However, if the Member does not want to receive such information via e-mail or enclosed in postal items, such Member can notify the Company according to the method specified by the Company.

  3. If an e-mail cannot be delivered for any reason, the Company may stop delivery to such Member.

Article 14: Advertising

  1. The Member confirms that the sales promotion behavior of the advertisers and other vendors found through the Services and other conditions, warranties, etc. related to the agreement therebetween are between the Member and such advertisers/vendors.

  2. The Company is not responsible in relation to the Member contacting or corresponding with the advertisers or other vendors through the use of link Sites, the Services or client software, or in relation to the acts of other vendors. The Member agrees that the Company is not liable for any loss or damage resulting from such correspondence.

Article 15: Sales Conditions

  1. The Company will only accept purchase orders made using the Site’s order form (PC and Mobile). The Company will not respond to purchase orders by telephone, fax, e-mail, etc.

  2. Product information posted on the Site is subject to change without notice.

  3. The Member shall pay for the shipping and handling fees separately from the product price.

  4. The products listed on the Site are products that may be handled, and the listing of such product does not guarantee the securing of such products at the time of the purchase order.

  5. The Company shall commence the necessary shipping work after payment from the Member is confirmed.

  6. If the Company does not have the products ordered in its inventory, the Company will order the same from the manufacturer. If the products are not delivered even after the elapse of two (2) months from when the order is made to the manufacturer, the Company will cancel the Member’s order. Furthermore, if it turns out that there is no stock at the manufacturer, the order will be canceled even if less than two (2) months has elapsed. In such case, the Company will only ship items that are ready.

  7. The delivery time posted on the Site is an indication at the time of order confirmation and the actual delivery time may be changed as necessary.

  8. If the Member orders more than one product, the Company may ship items separately as they are ready to be shipped. In such case, the shipping and handling fees will be added for each shipment.

Article 16: Selling Price

  1. The selling price of the products posted on the Site is the pre-tax amount when the Member purchases the products from the Site.

  2. The Company pays close attention to the products and prices posted; however, due to human error, the price on the mail-order service may differ from the actual selling price. In such case, the Company may contact the user with the correct price by the appropriate contact method after the order is placed, then confirm the intention to purchase or make a new order.

  3. The selling price of the products posted on the Site is displayed in Japanese yen. The price of each currency is calculated at the rate at which PayPal processes the transaction.

Article 17: Order and Conclusion

  1. When the Member clicks on the “Confirm Order” button in the order confirmation screen, a sales contract for each product shall be established. After clicking on the “Confirm Order” button, the Member cannot cancel the order due to the Member’s convenience.

  2. The Company considers that purchase orders for minors are acted on at the responsibility of the parent of such minor.

  3. The Company will send the Member a confirmation email to confirm the purchase details immediately after receiving the purchase order from the Member. Since important contents such as order contents, order price, order number, etc. are stated in the e-mail, please be sure to confirm the e-mail. Further, the Member will need their order number to contact the Company, so please keep the contents of the e-mail until the product is received.

  4. Regardless of whether the contract is established or not, the Company can refuse orders or cancel the contract unconditionally if the following reasons apply:
    (1) A false fact is recognized in the Personal Information;
    (2) The Member has ordered products which are not in stock and for which it is undecided as to whether such order can be completed in the long term;
    (3) When the Company receives orders exceeding the upper limit of the quantity of the products that the Company has placed orders for;
    (4) If the Company receives orders for the purpose of a liquidation sale, resale or for commercial purposes; or
    (5) When the Company otherwise acknowledges the need to refuse the order.

Article 18: Information on Products / Benefits

  1. The Company will use its best efforts to display the description of the products on the Site as accurately as possible.

  2. Even if the image of the products is that of the initial version or a limited edition, this does not mean that the Member is guaranteed to be able to purchase such initial version or limited edition.

  3. There are limitations on the number of benefits (such as bonuses or other perks), and there is no guarantee of the provision of such benefits. The Company shall not assume any responsibility even if damage occurs to the Member as a result of such limitations.

Article 19: Shipping Fee

  1. In principle, the Member will be responsible for the shipping fees.

  2. Shipping fees may be added separately, depending on the products.

Article 20: Delivery of Products

  1. The Company will deliver the products to the addressee the Member designates on the purchase procedure screen.

  2. It is not possible to specify a temporary accommodation destination (hotel, inn, etc.). If the Member specifies such an address, the Company may cancel the Member’s order.

  3. Delays may arise due to delivery area, traffic situation, weather situation, inventory situation, and other reasons.

  4. In principle, the Company will ship reserved products on the day before the release date, but the Company may not be able to deliver on the release date due to the delivery date from manufacturers and wholesalers, or due to the Member’s payment situation.

Article 21: Payment

  1. The amount paid by the Member at the time of the purchase is the total of the purchase price of the products, the shipping and handling fees and consumption tax, in the case of domestic delivery.

  2. The payment method for the purchase shall be by PayPal settlement.

  3. When a dispute arises over a fee or other obligation with a credit card company, a substitute agent, etc. concerning payment related to the Site, the Member shall resolve such dispute directly with the concerned party and the Company shall not assume any responsibility with regard thereto.

  4. Customs duties may be charged upon arrival of luggage. The cost for the Member clearance will be charged to the Member.

Article 22: Ownership of Products

The ownership of the products will be transferred to the Member upon delivery of the products to the delivery agent.

Article 23: Cancellation

Please understand that, as a rule, cancellation at the Member's convenience is not accepted on the Site.

Article 24: Return / Exchange

  1. The Company does not accept any returns or exchanges due to the Member’s convenience. If the Member attempts to return or exchange a product for such Member’s convenience, the Company may ask the Member to refrain from making further orders on the Site in the future.

  2. The Company will accept returns or exchanges in the event of any mistake being made by the Company or a defective item being provided. In such case, the Member must notify the Company of the request for such return or exchange by the method designated by the Company within seven (7) days after the arrival of the products, and the Company will then decide on the best procedure to be executed.

  3. Please note that the Company cannot provide a return or exchange even if the product is returned within seven (7) days after the arrival of the products in the following cases:
    (1) When the packaging of the products is opened;
    (2) If the products are stained or damaged due to the Member’s own fault;
    (3) In the case of scratches or breaks that are not a hindrance to the use of the product, and are not so dirty that they significantly reduce the product’s value and can generally be overlooked;
    (4) If the products are purchased from outside the Site

Article 25: Refund

  1. When the Company makes a refund to Member, the refund procedure will be performed by the Company in a sequential order. Depending on the status of refund processing at the inquiry center, it may take seven (7) to fourteen (14) business days for refund processing to be completed.

  2. The refund will be made by PayPal Pte. Ltd. or the Company.

Article 26: Force Majeure

When the performance of the contract is delayed or becomes impossible due to natural disaster, war, riot, civil war, revolution, enactment or abolition of laws and ordinances, order or disposition by a court or administrative authority, transport accident, or other force majeure, the Company will not assume any responsibility to the Member.

Article 27: Consultation; Jurisdiction

  1. With regard to the use of the Site, in the event that any dispute or problem arises that cannot be resolved by these Terms, the Company will engage in good faith consultation with the Member to resolve such matter.

  2. Notwithstanding the provisions of the preceding paragraph, if the matter is not resolved through consultation, the Yokohama District Court or the Yokohama Summary Court shall be the court of exclusive jurisdiction.

Article 28: Governing Law

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