Terms of use

Terms of service

Maó (hereinafter referred to as "we") establishes the following terms and conditions regarding the use of artworks and products operated by us. These Terms apply between us and all users.

By visiting or making a purchase on this Site, you engage in our Service and agree to the following Terms of Use, including those additional terms and conditions and policies referenced and/or linked herein. You agree to be bound by the terms and conditions ("Terms", "Terms"). These Terms of Service apply to all users of the site, including without limitation viewers, vendors, customers, merchants, and content contributors.

Please read these Terms of Use carefully before accessing or using our site. 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 document, then you may not access the Website or use any part of the 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 these Terms 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 by Shopify Inc. The company provides us with an online e-commerce platform that allows us to sell our products and services to you.

Article 1 Definition of terms

The meanings of terms used in these Terms are as described below.

This site refers to the websites operated by us under the following URLs and subdomains. However, the URL may be changed at our convenience.
maoarth.com
This service refers to the sales service for artworks and products that we provide on this site. The content and type of services may be changed, increased or decreased from time to time at our sole discretion, and notification thereof shall be made from time to time by display, email or other means of communication.
Art Works Refers to works such as paintings (including prints) and picture frames sold on this site.
Product: Goods sold on this site.
Membership Refers to the collective term for users who have completed the registration procedures stipulated in Article 2 of these Terms of Use.
user
“User” means a person who accesses our site. Refers to members of this service who purchase art works, picture frames, and products.
Sales contract This refers to a contract concluded between us and the user based on Article 1 of these Terms of Use in which artworks, picture frames, and products are the objects.
This system is a collective term for the hardware and software used by us to operate and operate this site and this service.
This Agreement refers to the contract between us and the User based on these Terms.

Article 2 General terms

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 subject to (a) transmissions over various networks and (b) technical requirements of connecting networks or devices. You understand that it may be modified to conform and adapt. Credit card information is always encrypted during transmission over networks.

You may not reproduce, duplicate, copy or sell 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. , you agree not to resell or misuse it.

The headings used herein are included for convenience only and will not limit or otherwise affect these Terms.

Article 3 Application

These Terms shall apply to all relationships between users and us regarding the use of this service.
In addition to these Terms, we may make various regulations regarding the Service, such as rules for use (hereinafter referred to as "Individual Regulations"). These individual provisions shall constitute a part of these Terms, regardless of their name.
If the provisions of these Terms of Use conflict with the provisions of the individual provisions in the preceding paragraph, the provisions of the individual provisions shall take precedence unless otherwise specified in the individual provisions.

Article 4 Accuracy, completeness and timeliness of information

We cannot be held responsible if the information provided on this site is inaccurate, incomplete, or out of date. The material on this site is provided for general information only and should not be relied upon for decision making without consulting primary, more accurate, more complete or more timely sources of information. It should not be relied upon as a basis for judgment. Please judge the reliability of the materials on this site at your own risk.
This site may contain historical records. Historical records are not necessarily current and are 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 check this site periodically for changes.

Article 5 User Registration

In this service, the person who wishes to register agrees to these terms and applies for registration according to the method specified by us, and we notify the person who wants to register our approval to complete the registration. .
If we determine that the applicant for use registration has any of the following reasons, we may not approve the application for use registration, and we shall not be obligated to disclose any of the reasons.

If false information is reported when applying for user registration
If the application is from a person who has violated these Terms
In addition, if we determine that the registration for use is not appropriate.

Article 6 User ID and password management

Users shall manage their user IDs and passwords for this service at their own risk.
Users may not transfer, lend, or share their user ID and password to a third party under any circumstances. If the combination of user ID and password matches the registered information and you log in, we will consider that the user ID is being used by the registered user.
We will not be responsible for any damage caused by your user ID and password being used by a third party, unless there is intentional or gross negligence on our part.

Article 7 Contents of this service

This service is a service that sells artwork, picture frames, and products to users.
Users can purchase artwork, frames, and products exhibited on this site.

Article 8 Products/Services

While we make 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 depending on the situation. We reserve the right to limit the quantities of any products or services that we offer. All product descriptions and product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue the sale of 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.

Article 9 Use of artworks and products by users

Users may display purchased artwork, frames, and products in their residences, offices, and stores, and may post them on Instagram, X, Facebook, and blogs.
Users shall use artworks, frames, and products in accordance with this article, and shall not use artworks, frames, or products that infringe on copyright (including reproduction for commercial purposes, adaptation/modification of printed works, etc.) (without limitation) is strictly prohibited.

Article 10 Sales contract

In this service, a sales contract is established when a user makes a purchase application to us and we notify them that we have accepted the application. The ownership of the product shall be transferred to the user when we deliver the product to the delivery company.
If the user falls under any of the following reasons, we may cancel the sales contract set forth in the preceding paragraph without prior notice to the user.

If the user violates these Terms
If the delivery of the product is not completed due to unknown destination or long-term absence
In other cases where we deem that the relationship of trust between us and the user has been damaged.

Payment methods, delivery methods, return methods, etc. related to this service will be determined by methods separately determined by us.

Article 11. Accuracy of Billing and Account Information

We reserve the right to refuse any orders 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 user 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 contact you using the email and/or billing address and 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 on the Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates. This allows us to complete the transaction and contact you if necessary.

Article 12 Intellectual property rights

The copyrights and other intellectual property rights of artworks, picture frames, product photos, and other content (hereinafter referred to as "content") provided by this service belong to us, and users are not allowed to reproduce them without permission. , reprint, modification, or other secondary use is not permitted.

All artwork, product images and illustrations are provided by us, and users may not use such information, etc., without our permission, regardless of whether it is free or paid.
If a problem arises with us or a third party as a result of the User's violation of this article, the User shall resolve the problem at its own responsibility and expense, and shall not cause any inconvenience or damage to us. will do.
If the user commits an act that infringes the copyright or other rights of an artwork or product, the user will be responsible for compensating us for any damages.
Intellectual property rights, adaptation rights, and identity preservation rights regarding exhibited artworks and products shall be reserved by us.
Artworks have the right to maintain their integrity, and any alteration, removal, or other alteration of them against their will is prohibited.

Article 13 Errors, mistakes and deficiencies

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 information at any time without prior notice (including after you have placed an order) if any information on any part of the Service or on any related website is inaccurate. We reserve the right to update or cancel 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 revision or update 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.

Article 14 Prohibited matters

Users shall not engage in the following acts when using this service.

Acts that violate laws or public order and morals
Acts related to criminal acts
Acts that infringe on copyrights, trademark rights, and other intellectual property rights contained in this service
Acts that destroy or interfere with the functions of our server or network
Acts of commercially using information obtained through this service
Acts that may interfere with the operation of our services
Acts of making or attempting unauthorized access
Acts of collecting or accumulating personal information, etc. about other users
Impersonating another user
Acts that directly or indirectly provide benefits to antisocial forces in connection with our services.
Other acts that we deem inappropriate.

Article 15 Handling of delivery, damage, and refusal to receive works

If we do not receive the work or product, we may request the user to receive the work or product by a date specified by us. If the delivery is not received by the date specified by us after giving notice via e-mail, the delivery will be deemed to have been refused and may be handled as described.
If the work or product is not received by the specified date, or if the work or product is not received within the specified deadline, we will not accept the refund after 20 days have passed from the date of the notification. , the user will be billed for the actual cost of round-trip shipping and packaging materials.
If a work or product arrives from us to the user and is already damaged or soiled when opened, please contact us within 5 days from the date of arrival. If the item is left unused after 5 days, it will be considered damaged or defaced due to the user's negligence.
Users may not pick up the Artwork by hand-delivery, delivery box, or any other method that may expose it to the elements. Users are also prohibited from specifying such methods to delivery companies, etc.

Article 16 Non-warranty/Disclaimer

We are not responsible for compensation for damages caused by the following reasons.

In the case of intentional or gross negligence resulting in damage to the user or others
Insect damage, natural disasters, infectious disease epidemics, recruitment, and epidemic prevention
Strikes, embargoes, wars, incidents, riots, robberies, or allied strikes or negligent acts;
nature of the shipment, defects or natural wear and tear or imperfect packaging;
Unavoidable disasters, accidents, orders, measures, or maintenance actions
Users shall use this service within the scope of laws and regulations, and if the user comes into contact with Japanese or foreign laws in connection with the use of this service.

Article 17 Compensation

You agree not to be liable to any third party due to your breach of these Terms of Use or the documents to which these Terms of Use refer, or your breach of any law or the rights of a third party. Maó and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors and suppliers from any claim or demand, including reasonable attorneys' fees, made by us. , agree to indemnify, defend and hold harmless Interns and Employees.

Article 18 Suspension of provision of this service, etc.

If we determine that any of the following reasons exist, we may suspend or suspend the provision of all or part of this service without prior notice to the user.

When performing maintenance, inspection or updating of computer systems related to this service
If it becomes difficult to provide this service due to force majeure such as earthquake, lightning, fire, power outage, or natural disaster.
If a computer or communication line, etc. stops due to an accident.
In other cases where we determine that it is difficult to provide this service.

We shall not be liable for any disadvantage or damage suffered by users or third parties due to suspension or interruption of the provision of this service, regardless of the reason.

Article 19 Usage Restrictions and Registration Cancellation

If any of the following apply, we may restrict the use of all or part of the Service or cancel the user's registration without prior notice. Masu.

If you violate any of the provisions of these Terms
If it is discovered that there are false facts in the registered information
If the credit card that the user has submitted as a means of payment is suspended.
If there is a default in payment obligations such as fees, etc.
If there is no response from us for a certain period of time
If this service is not used for a certain period of time after the last use
In addition, if we determine that the use of this service is inappropriate.

We are not responsible for any damage caused to users due to our actions pursuant to this article.

Article 20 Withdrawal

Users may withdraw from this service by following the prescribed withdrawal procedures.

Article 21 Disclaimer of Warranty and Disclaimer

We do not accept any factual or legal defects in the Service (defects in safety, reliability, accuracy, completeness, effectiveness, suitability for a particular purpose, security, etc., errors or bugs, infringement of rights, etc.). We do not guarantee that there will be no such problems.
We are not responsible for any damage caused to users as a result of this service. However, if the contract between us and the user regarding this service (including these Terms) becomes a consumer contract as stipulated in the Consumer Contract Act, this disclaimer will not apply. In addition, we will not cover any damage caused to the user due to non-performance of obligations or illegal acts due to our negligence (excluding gross negligence), which is caused by special circumstances (we or the user did not foresee or anticipate the occurrence of the damage). We will not be held responsible for any damages incurred.)
We are not responsible for any transactions, communications, or disputes that occur between users and other users or third parties regarding this service.
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 provided to you through the Service are (except as expressly stated by us) provided ``as is'' and ``as available'' for your use. and includes all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement, whether express or implied. There are no representations, warranties or conditions of any kind.
In no event will we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any liability, whether based in contract, tort (including negligence) Regardless of the liability for any injury, loss, claim, direct or indirect, incidental, We are not liable for punitive or consequential damages. In addition, strict liability and other liability for the use of products purchased using our services, and compensation for damages when using our services or products (including, but not limited to, errors or omissions in content) or have been advised of the possibility of any loss or damage incurred as a result of the use of our Services or any content (or goods) posted, transmitted, or otherwise made available via our Services. We will not be held responsible in any event.

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. shall be done.

Article 22 Use from overseas

If you are located outside of Japan, you agree that your access to and use of the Service is subject to all national, state, and international laws and regulations. You may not access or use the Service if applicable local, state, national, or international law prohibits you from receiving products originating from Japan.

Article 23 Language

The official text of these Terms and Conditions is Japanese, and if the content differs between Japanese and English or other languages, Japanese shall take precedence.

Article 24 Changes in service content, etc.

We may change the content of this service or discontinue the provision of this service without notifying users, and we will not be responsible for any damage caused to users as a result.

Article 25 Separation clause

In the event that any provision of these Terms of Use 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 replaced by the Terms of Use. shall be deemed severable from the Terms, but such determination shall not affect the validity and enforceability of the remaining provisions.

Article 26 Changes to Terms of Use

If we deem it necessary, we may change these Terms at any time without notifying users. If the User starts using the Service after the Terms have been changed, the user will be deemed to have agreed to the changed Terms.

Article 27 Termination of Terms of Use

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 Use are effective unless and until terminated by you or us. Users may terminate these Terms of Use at any time by notifying us that they no longer wish to use our services or by ceasing to use this website.
If we determine that you have not complied with, or suspect that you have failed to comply with, any term or provision of these Terms of Use, we may terminate these Terms of Use at any time without notice; will be liable for all amounts due up to and including the date of termination, and/or you may be denied access to the Services (or any portion thereof) of the Site up to and corresponding to the date of termination. .

Article 28 Handling of personal information

We will appropriately handle personal information obtained through the use of this service in accordance with our "Privacy Policy."

Article 29 Complete agreement

Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
These Terms of Use and any policies or operating rules posted by us in connection with the Website or the Service constitute the entire agreement and understanding between you and us and govern your use of the Service. , supersedes all prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, without limitation, any prior versions of these Terms of Use);
Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.

Article 30 Notice or communication

Notifications or communications between users and us shall be made by the method determined by us. Unless the user notifies us of a change in accordance with the method specified separately by us, we will assume that the currently registered contact information is valid and will notify or contact the contact information. It is assumed that you have reached.

Article 31 Prohibition of transfer of rights and obligations

Users may not transfer their status under the usage contract or the rights or obligations based on these Terms to a third party or provide them as collateral without our prior written consent.

Article 32 Governing law/jurisdiction

When interpreting these Terms, Japanese law shall be the governing law. Please note that the United Nations Convention on Contracts for the International Sale of Goods does not apply to this service.
In the event that a dispute arises regarding this service, the court with jurisdiction over the location of our head office shall have exclusive jurisdiction.