Terms of Service
June, 2024
Greetings from NAWA Artscape, a division of KOUad G.K. Japan, also known as “we,” “our,” or “us,” hosting the Online Gallery website (referred to as the “Site”). By engaging in activities on the Site such as browsing, making purchases, registering for membership, and requesting pricing and sales details (collectively known as the “Services”), you are consenting to abide by all the Terms and Conditions, the Privacy Policy, and the Cookie Policy outlined here. Your personal data provided to us will be collected, utilized, stored, and disclosed in accordance with the Privacy Policy and the Cookie Policy. Please review the Terms and Conditions regularly for any updates or changes, including the Privacy Policy and the Cookie Policy, before using our Services. We retain the right to modify or discontinue any or all of the Services at any time at our discretion. It is your responsibility to utilize our Services and bear any associated costs at your own discretion. Should you have inquiries or feedback pertaining to the Site, feel free to reach out to us.
1. Account Registration
To access certain Services on the Site, you must create an account. By registering for an account and using the Site, you agree to provide accurate, up-to-date, and complete information about yourself. For more details on how your personal data is used, please refer to our Privacy Policy. We will never request your account password in writing (via email, in person, or over the phone). You are responsible for safeguarding your account and password used for accessing our Services and for utilizing our Services through your account. If you suspect unauthorized use of your account or a security breach, please contact us promptly.
2. Ordering
Artworks available for purchase on the Site are subject to varying availability. Each Artwork comes with a brief description containing details such as the medium, dimensions, artist and availability. The price of an Artwork does not include shipping costs. To place an order for an Artwork or request a video-call meeting to view the Artwork, you must first register as a member.
3. Payment
We accept payments via bank transfer or credit/debit card (Visa, MasterCard) for all orders. By using one of the aforementioned payment methods, you confirm that you are the authorized user of the payment method. Should your card issuer decline payment authorization to us, we will not be held liable for any delays or non-delivery. After finalizing the sales contract, you must make payment for the Artwork(s) by the specified due date using the method instructed by us. Failure to make payment within the specified timeframe may result in the cancellation of the sales contract.
4. Delivery
Artworks are typically shipped from our storage facilities in Japan or Singapore and delivered via international courier unless stated otherwise.
5. Returns and Refunds
Generally, we do not accept cancellations once the shipment is complete. Returns or refunds are only permitted in the event of Artwork(s) arriving damaged upon delivery. Any requests for a return or refund must be submitted to NAWA Artscape in writing within 48 hours of delivery. Please note that shipping charges, taxes, and customs duties will not be refunded.
6. Pricing
Artwork prices are listed in USD and do not include local taxes, such as sales taxes (unless in Japan) or import taxes, that may be applicable in the customer’s country. Additional charges for delivery and packaging depend on the Artwork’s type, dimensions, weight, and delivery location. Customers are responsible for any supplementary charges like sales tax, import duty, or customs duty in the destination country. Prices displayed are subject to change based on market conditions and may fluctuate during the sales period. Prices at the time of your order will be honored unless there is an obvious error. We make efforts to ensure accurate pricing on the Site, reserving the right to rectify any errors. In case of a pricing error on an ordered Artwork, we will promptly inform you for confirmation or cancellation.
7. Force Majeure
We are not liable for any failure or delay in Service performance due to circumstances beyond our control, such as acts of God, strikes, wars, natural disasters, cyber threats, or utility disruptions. In cases of force majeure, the sales contract may be paused or canceled. The invoking party must promptly notify the other party and confirm the sale cancellation.
8. Prohibitions
We may terminate or suspend Service usage, annul sales contracts, or take necessary actions without prior notice or liability if we suspect violations of these Terms and Conditions, including:
* Attempting to conceal the use of multiple accounts or disrupt Services.
* Forfeiting communication related to Artwork delivery for 7 days.
* Failing to pay for an ordered Artwork and shipping charges within 14 days of invoicing.
* Engaging in unlawful, threatening, or offensive communication.
* Providing false information or impersonating others.
* Being instructed by payment processors to discontinue Service usage.
* Being classified as involved with anti-social groups like criminal organizations.
9. Disclaimer
We do not warrant that the Services will meet all requirements or be defect-free. We do not guarantee virus-free Site access. We advise users to maintain updated software, including anti-virus programs. Unexpected events outside our control, such as adverse weather, may impact Service provision without liability on our part.
10. Intellectual Property
All Content (text, audio, video, graphics, photos, or images) on the Site are intellectual property protected by copyright laws. The Site is for personal, non-commercial use only. Commercial use is permitted with express authorization. Unauthorized use may result in legal ramifications. We reserve the right to modify Services without notice.
11. Indemnity and Waiver
You agree to indemnify us from liabilities due to breaches of the Terms and Conditions. If we don’t respond to violations, our rights remain intact for any future breaches.
12. Changes to Terms and Conditions
We reserve the right to modify the Terms and Conditions. Significant changes will be communicated in advance. Continued Service use constitutes acceptance of the amended Terms and Conditions.
