On-demand function individual terms
Article 1 Introduction
- These individual terms apply to all actions when a member uses the "on-demand sales function" (a function where creators design and sell original products) in "Xfolio". Furthermore, unless otherwise specified in these Individual Terms, the terms used in these Individual Terms are the same as the definitions in the Common Terms and Shop Function Individual Terms.
- By using the on-demand sales function, members are deemed to have agreed to all of the contents of these Individual Terms.
- Matters not specified in these Specific Terms and Conditions shall be governed by the Common Terms and Conditions as well as guidelines separately established by the Company, unless the Specific Terms and Conditions expressly exclude the application of such guidelines.
Article 2 Definitions
Terms used in these Specific Terms and Conditions are defined as follows
- “On-Demand Product” refers to the Product specified by the creator as a target of the on-demand sales function, and includes the Design, etc. (defined in Item 3) on the unprocessed product (defined in the next issue). It refers to the product that has been processed by attaching it.
- “Unprocessed Product” refers to the item that is the raw material for the On-Demand Product.
- “Design, etc.” refers to the design, etc. of posted information that will be used for the product before processing.
- “Purchaser” means a person who has purchased the On-Demand Product among the purchasers.
- “Payment amount” refers to the total amount of the on-demand product price, additional support amount, and shipping fee.
Article 3 Use of on-demand sales function
- The Creator will entrust (including sub-entrust) the Company with the manufacturing of the On-Demand Product and the delivery of the On-Demand Product to the Purchaser. The Company may modify the Design, etc. to the extent necessary when manufacturing the On-Demand Product.
- The creator and the Company mutually confirm that the copyright of the Design, etc. belongs to the creator. In addition, the creator guarantees to the Company (including third parties designated by the Company) that the creator will not exercise the author's moral rights regarding the Design, etc. and the On-Demand Product.
- The Creator shall notify the Company that with respect to the Design, etc., the Company (including third parties authorized by the Company) may provide the Services and on-demand sales functions, advertising and publicity, etc., to the extent deemed necessary by the Company. While the service continues to be provided, we grant you permission to use the Design etc. free of charge and non-exclusively (including modifications to the extent necessary for use).
Article 4 Discontinuation of production of this on-demand product
- If, in the course of producing the On-Demand Products, we determine that a Creator has violated or is at risk of violating the provisions of these Terms, we may take the following measures at the appropriate time:
- Before the production of the On-Demand Product: Discontinuation of production of the On-Demand Product
- After the on-demand product is manufactured and before it is shipped to the purchaser: Disposal of the manufactured on-demand product
- After the manufactured On-Demand Product is shipped to the Purchaser: Collection of the shipped On-Demand Product
- The Creator shall immediately compensate the Company for any damages (including, but not limited to, the amount equivalent to the manufacturing contract fee and the cost of collection) caused by the Company's conduct as set forth in each item of the preceding paragraph. Must be.
- The Company shall not be liable for any damage caused to Creators as a result of discontinuing the production of On-Demand Products, disposing of On-Demand Products, or recalling On-Demand Products pursuant to the provisions of Paragraph 1.
- If the Company finds that the On-Demand Product ordered by the Purchaser falls under any item of paragraph 1, the Company shall notify the Purchaser without delay in a manner specified by the Company. Furthermore, after receiving such notice, the Purchaser shall provide any necessary cooperation as requested by the Company.
Article 5. Delivery of On-Demand Products
- The Company will endeavor to ship the On-Demand Product to the address specified by the Purchaser (limited to addresses within Japan) by the estimated shipping date specified for each On-Demand Product.
- The Company shall not be liable in any way if the On-Demand Product does not arrive at the address specified by the Purchaser due to reasons attributable to the Purchaser.
- Pursuant to the preceding paragraph, in the event that the On-Demand Product is not delivered to the address specified by the Purchaser and is returned to the Company, and the Purchaser requests reshipment from the Company, the Purchaser shall be separately designated by the Company. You will be responsible for the shipping costs.
- If the request set forth in the preceding paragraph is not made within 30 days from the date the On-Demand Product is returned to the Company, the Company shall deem that the Purchaser has waived all rights to the On-Demand Product, and shall be able to be disposed of. In addition, if costs are incurred during disposal, such costs may be charged to the Purchaser.
Article 6 Regarding order cancellation, returns and exchanges
- Since this on-demand product is manufactured to order, it cannot be canceled, returned, or exchanged at the convenience of the creator or the purchaser.
- If the Company deems that the appearance (including, but not limited to, design, color, processing method, size, etc.) of the completed On-Demand Product is clearly different from the details ordered by the Creator, the Company will At our discretion, we will either replace the item with a non-defective item or refund your purchase, at our shipping cost. The creator shall make a request to that effect using the method prescribed by the Company. However, in the following cases, you will not be able to request a replacement or refund for the On-Demand Product.
- If more than one week has passed since the on-demand product arrived at the address specified by the Purchaser
- If you use all or part of the On-Demand Product
- If the On-Demand Product is damaged or scratched due to reasons not attributable to the Company;
- If the Company determines that the quality of the On-Demand Product is within an acceptable range (including differences due to monitors, hardware, settings, etc., or differences due to fundamental differences in display or creation methods)
Article 7 Liability for non-conformity to contract
Within one month from the date the On-Demand Product arrives at the address specified by the Purchaser, the On-Demand Product shall be deemed to be defective in quality due to our negligence (excluding defects in appearance to which Article 6, Paragraph 2 applies). ) If it is found that the On-Demand Product is not compatible with the purpose of the contract, and the creator notifies the Company to that effect within the relevant period, the Company may, at the Company's option, replace it with a non-defective product. Or, the price of the On-Demand Product will be reduced according to the percentage of non-conformance.
Article 8 Manufacturing commission fee
- The Company may deduct the manufacturing commission fee displayed in the On-Demand Sales function for each On-Demand Product from Creator Sales.
- The Purchaser shall complete the payment procedures for the purchase cost of the On-Demand Product using the method specified by the Company, and the Company will begin manufacturing the On-Demand Product after confirming the completion of such procedures. However, this shall not apply if approved by our company.
Article 9 Sale of On-Demand Products in the Shop Function
- Creators can use the on-demand sales function to register and sell the On-Demand Products that they have commissioned the Company to manufacture on the shop function. When using a shop function, you shall comply with the individual terms and conditions of the shop function.
- If a Creator has a claim against the Company, the Company may set off such claim against the claim that the Company has against the Creator at any time.
- The price of the On-Demand Product shall be set by the Creator. However, the upper and lower limits of the On-Demand Product Price that can be set shall be determined by our company.
- Shipping charges will be determined separately by our company.
- Creators shall pay service usage fees in accordance with the individual terms and conditions of the relevant shop function.
Article 10 Risk burden
If the On-Demand Product is lost or damaged before the Purchaser receives the On-Demand Product due to reasons not attributable to the Creator, the Purchaser, or the Company, the Company shall not be liable for the On-Demand Product. You shall bear all risks of loss or damage to.
Article 11 Prohibited acts
When using the on-demand sales function, Creators shall not engage in any prohibited acts stipulated in these Terms of Use or any acts that violate the provisions of these Terms of Use. If you engage in any prohibited or violating behavior, we may take disadvantageous measures such as compulsory withdrawal, suspension of use, deletion of all or part of the data such as the design, or change in the scope of disclosure. However, we are not obligated to take these measures, nor are we obligated to disclose the reasons for taking these measures.
Article 12 Measures against violators
If the Company determines that the Creator is in violation of any of the Common Terms, These Individual Terms, or Terms and Conditions, or if there is a risk of such violation, the Company will terminate the contract regarding manufacturing outsourcing with the Creator. Based on the above, creators can be stopped from violating the rules, and in cases where this article applies, Article 19, Paragraphs 1 to 3 and Article 20, Paragraphs 2 and 3 of the Common Terms apply. You and shall. The provisions of this article shall not prevent the Company from claiming damages from the Creator.
Article 13 Disclaimer
- Since the On-Demand Products manufactured using the On-Demand Sales function are manufactured to order, the originally scheduled delivery date may change due to the nature of the On-Demand Products, the number of orders, troubles in the On-Demand Product manufacturing process, etc. You may. In this case, our company will not assume any responsibility unless there is intentional action or gross negligence on our part.
- In addition to the preceding paragraph, the Company shall not assume any responsibility unless otherwise expressly provided in these Individual Terms and Conditions, except in cases where the Company is guilty of willful misconduct or gross negligence.
Supplementary provisions
These individual terms will come into effect from March 28, 2024.
These Individual Terms also apply to acts performed by members prior to the enforcement of these Individual Terms.