Individual Terms of Use for Shop Function

Article 1 Introduction

These Specific Terms and Conditions apply to all actions taken by members when using the "store function" (a function that allows members to sell their own creative works, etc.) on Xfolio. Unless otherwise defined in these Specific Terms and Conditions, terms used in these Specific Terms and Conditions shall have the same meanings as in the Common Terms and Conditions. Unless otherwise defined in these Specific Terms and Conditions, terms used in these Specific Terms and Conditions shall have the same definitions as in the Common Terms and Conditions.
By using the Shop function, members are deemed to have agreed to all the terms and conditions of this Specific Agreement.
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

"Portfolio" means a page where creators post works created by themselves in the shop function.
"Shop" means a page opened by a creator free of charge in Portfolio in the shop function, where the product (defined in the next issue) created by the creator is added.
"Products" means products (including descriptions, etc. related to the Products) exhibited, sold, or provided by Creators at the Shop within the range of 100 yen or more and not exceeding 100,000 yen. Refers to intangible objects (digital data such as illustrations and manga) and tangible objects (such as mugs and key chains) created by creators. In addition, "Posted Information" in the Common Terms shall also include information related to the Products.
Sale, etc." means the act of displaying, selling, offering, etc. in the Shop by the Creator.
Purchaser" means a Member who has purchased a Product sold by the Creator.
The term "Transaction" means a transaction between a Purchaser and a Creator with respect to the Product(s) in response to a Sale, etc.
Transaction Status" means the status of the Transaction.
Additional Support" means the act of a purchaser paying any amount in addition to the sales price of the Product sold by the Creator.
"Settlement amount" means the total amount of the product price, additional support amount and shipping fee
Service Usage Fee" means the amount calculated based on the Settlement Amount according to a formula determined separately by the Company (such formula is set forth in the "Frequently Asked Questions" section of the Service).
Commission" means the amount charged by the Company to the Creator in the event of shipping, return shipping, violation of laws and regulations, violation of the Terms and Conditions, bad debts, chargebacks, refunds and other fees as provided for in Article 11.
Creator Sales" means the amount of payment minus service usage fees, commissions, etc.

Article 3 Creator's Responsibility in the Use of the Shop Function

All responsibility for the Product belongs to the Creator. The Company assumes no responsibility for the Product.
If a Creator receives a notice from a Member or the Company that a Product falls under the Prohibited Information or is defective in any way, the Creator shall promptly take appropriate measures at its own responsibility and expense.
In the event of any changes to the Product, the Creator shall promptly take appropriate action in accordance with the method stipulated by the Company. In the event that a Creator causes any disadvantage to a Member by failing to make such changes, the Creator shall deal with such disadvantage at its own responsibility and expense, and shall not cause any damage to the Company.
Creators may not engage in any communication unrelated to the Product in connection with or using the Shop function.

Article 4 Obligations of Members in Using the Shop Functions

Members shall understand and comply with the Terms and Conditions and all applicable laws and regulations when using the Shop.
Members must fulfill the following obligations when purchasing the Products
1. To understand the contents of the explanation, etc. concerning the Product prior to purchase.
2. To pay the price (including consumption tax) for the Product(s) purchased.
3. Promptly download digital content (hereinafter referred to as "DL Content") after purchasing it at the Shop.
4. (iii) to receive the Goods after purchasing the Goods excluding the preceding item at the Shop.
Members may not file any objection or claim for refund with the Creator or the Company, even if the purchased DL Contents are no longer available for download due to termination of sales or other reasons.

Article 5 Obligations of Creators

In operating the Shop, the Creator shall understand and comply with the contents of the Terms and Conditions and all applicable laws and regulations.
In operating the Shop, creators must register the information specified by the Company necessary to identify the business operator in Portfolio.
The Creator warrants to the Company that the Product does not infringe the rights of any third party. In the event that the Creator violates such guarantee and a dispute arises with a third party, the Creator shall deal with such dispute at its own responsibility and expense, and shall not cause any damage to the Company.
When a Creator receives an order or inquiry for the Product from a Member, the Creator must take necessary action without delay.
If a defect is found in the Product purchased by a Buyer, the Creator shall promptly notify the Buyer of the defect (in principle, the Creator shall notify the Buyer individually through the Inquiry thread, but if the Inquiry thread is not available 60 days after the end of the transaction, the Creator shall notify the Buyer through the Product sales page, etc.). However, if the inquiry thread is not available after 60 days from the termination of the transaction, a notice shall be posted on the product's sales page, etc.).
The Creator shall be obligated not to damage the image of the functioning of the Shop by selling the Products in the Shop, etc., and shall promptly stop selling the Products if there is a possibility of a breach of such obligation.
The Creator shall be obligated to immediately refund any money to the Buyer in the event that the sale, etc. of the Product is cancelled due to a defect in the Product, etc., and a refund is required to be made to the Buyer.
When the Creator sells the Products to Members in the Shop, the Creator shall be responsible for collecting payment for such sales and shall be responsible for the contents of the Products.
Creators must comply with the same obligations as business operators handling personal information as set forth in the Personal Information Protection Law.
In the event that a Creator causes damage to a User or a third party due to reasons attributable to the Creator in relation to the use of the store function, the Creator shall deal with the damage at its own responsibility and expense and shall not cause any damage to the Company.
In the event that a Creator causes damage to the Company due to an act in breach of the Terms and Conditions or an illegal or dishonest act, the Creator shall immediately compensate the Company for such damage.
The Creator shall, at its own responsibility and expense, provide the Purchaser with necessary support, etc. regarding the viewing and use of the DL Contents.
If the Creator receives any objection, claim, demand, etc. (hereinafter referred to as "Objection, etc.") from the Buyer with respect to the Products sold to the Buyer, the Creator shall resolve the same without delay. In addition, if the Creator is requested by the Company to improve the Products or the sales method, the Creator shall promptly take necessary measures in response to such request.
In the event that the Creator receives a request for return or refund of the Product from the Purchaser in response to the objection, etc. described in the preceding paragraph, the Creator shall promptly take appropriate measures.

Article 6: Prohibited Products for Registration

In using the store function, Creators shall not sell or otherwise engage in the sale of prohibited information, information products related to finance (meaning information related to techniques and knowledge for earning high income through side jobs, investments, etc.), or tools related to such prizes, as stipulated in these Terms and Conditions.

Article 7 Prohibited Acts

In addition to the provisions of the Common Terms and Conditions, Creators shall not engage in any of the following acts when using the Shop function. If a Creator commits any of the following acts, or if the Company deems that a Creator commits any of the following acts, the Company may delete the account, suspend the use of the Shop function, or delete all or part of the data related to the Shop, etc.
1. Acts of using trademarks, etc. that are the same as or confused with trademarks, etc. owned by the Company or a third party
2. (iii) Acts of selling, etc., the Products for which the Creator does not have the rights.
3. (iii) Acts of selling or otherwise dealing in Products that are clearly different from the Products listed on the Website.
4. (iii) Acts such as failure to ship the Goods without reasonable cause after the sale, etc. has been effected.
5. Delay in responding to or ignoring communications from the Company or other purchasers with whom the Company has transactions, without justifiable reason.
If the Creator violates the preceding article and causes damage to the Company or other members, the Creator shall be obliged to compensate for such damage.

Article 8 Method of Payment

Members shall pay for the purchase of the Products with a valid credit card or other means of payment determined by the Company under their control.
If payment is made by credit card, the payment for the purchase of the Product shall be debited from the member's designated account on the transfer date specified in the credit card company's membership agreement.

Article 9 Cancellation of the Transaction

After the Transaction has been executed, neither the Buyer nor the Creator may cancel the Transaction or any additional support, unless otherwise permitted by the Company.
If we allow the cancellation of the Transaction and additional support, we will cancel the purchaser's payment (however, we cannot cancel payment for additional support only). In addition, since the member's payment cannot be canceled after the payment amount is fixed, the payment amount and the amount equivalent to the additional support amount shall be paid to the member using Xfolio points.
In the event that the Company deems that the Purchaser or the Creator is in violation of the prohibited acts, etc. in the Terms and Conditions and deletes the account of such Purchaser or Creator, such transactions and additional support shall be cancelled even if there are transactions and additional support that are in progress due to such deletion.
In the event that the Company cancels the Transaction or Additional Support under the Transaction or Additional Support pursuant to Paragraph 1 or 3 of this Article, if the Company is unable to contact one of the parties to the Transaction or Additional Support, the Company may temporarily store the Goods subject to the Transaction or Additional Support. If the storage period specified in the e-mail sent by the Company to the Creator expires, the Creator shall be deemed to have abandoned his/her rights to the Product and shall not raise any objections in the event that the Company disposes of the Product.
In the event that the Transaction and Additional Support are cancelled due to a defect in the Product, etc., the Creator shall bear the shipping costs incurred at the time of purchase paid by the Buyer and the return shipping costs incurred as a result of the cancellation (collectively, the "Return Shipping Costs, etc.").
In the event that the Purchaser cancels the Transaction or Additional Assistance due to an error in purchase, etc., the Purchaser shall, in principle, bear the return shipping costs, etc.
Notwithstanding the provisions of the preceding two paragraphs, if the creator and the purchaser separately determine the person responsible for the return shipping fee and the payment method by mutual agreement, the content of the agreement shall be followed. In addition, creators and purchasers may wish to use Xfolio points for the settlement of return shipping charges, etc., and if the Company approves, they may use Xfolio points for settlement.
The Creator and the Purchaser shall not cause any damage to the Company as a result of the cancellation of the Transaction and the Additional Support.

Article 10 Payment of Sales to Creators

The Creator shall grant the Company or a third party designated by the Company the authority to receive payment for the Products purchased by the Buyer from the Creator on behalf of the Company or a third party designated by the Company in advance.
Creators shall apply for the transfer of Creator Sales in the manner prescribed by the Company.
The Company will pay Creator Sales to the Creator by way of remittance to the account registered by the Creator at the time of application for remittance (hereinafter referred to as the "Registered Account").
If any of the following conditions (hereinafter referred to as the "Conditions") are met between the 1st and the last day of the current month, such Creator Sales will be finalized on the 15th of the following month.
1. When the Purchaser receives the Product from the Creator and the transaction status is "Receipt Completed
2. When the Creator has shipped the Product and the transaction status has not been changed to "Receipt Complete" even after 8 days have passed from the date on which one of the following conditions is met, and the transaction status is automatically changed to "Receipt Complete" in the system
  1. Date the transaction status was changed to "Shipped" by the Creator
  2. The date when the shipping procedure is actually completed using the delivery method specified in Article 11 of these Specific Terms and Conditions.
3. In the event that the Company suspends the Transaction due to an objection raised by the Buyer or the Creator to the Company, the date when the Transaction Status becomes "Receipt Completed" after the objection is resolved.
4. In the event that there is an objection by the Purchaser or the Creator to the Company after the transaction status becomes "Receipt Completed," if the Company determines that the conditions hereof are not met and withholds the finalization of Creator sales, the date on which such objection is resolved.
The Company may temporarily suspend the Transaction at its discretion, such as when the Buyer or Creator objects to the other party regarding the Transaction. During the temporary suspension, the transaction status cannot be set to "Receipt Completed" and the system will not automatically "Receipt Completed". If the Company determines that the objection has been resolved, the Company may deem that the conditions of the Transaction have been satisfied.
After receiving a request for money transfer, the Company shall remit the amount to the registered account within 7 business days (based on the Company's business days, excluding Saturdays, Sundays, national holidays, and Company-designated holidays). If the amount exceeds 1,000,000 yen, a separate request for transfer shall be made on or after the following day.
In the event that no application for money transfer is made within 180 days from the date of accrual of Creator Sales (including such accrual date), the full amount of Creator Sales accrued as of the expiration of 180 days shall be paid by wire transfer to the registered account within 7 business days (excluding Saturdays, Sundays, holidays and Company-designated holidays). However, if the amount of Creator Sales to be paid exceeds 1,000,000 yen, the excess amount shall be paid on or after the following day.
The Creator Sales shall include the amount equivalent to the consumption tax on the Product Price. In addition, upon payment of the Creator Sales, the Creator shall deduct the bank transfer fee as set forth in the following paragraph.
The transfer fee is 200 yen if the total amount of creator sales to be remitted is less than 30,000 yen, and 300 yen if the total amount is 30,000 yen or more. Please note that the transfer fee will be charged for each transfer application.
In the event that a Creator's sales cannot be transferred due to an incomplete account information registered by the Creator, the Company shall not process the transfer until the correct information is provided, and the Company shall not be liable for any damages incurred by the Creator as a result.
In the event that the Company is unable to complete the transfer procedures for Creator Sales pursuant to the preceding paragraph, the Company shall be deemed to be discharged from its obligation to pay such Creator Sales after 180 days have elapsed from the date on which the Creator Sales occurred (including the date of such occurrence).
If the payment date falls on a holiday of the Company or a financial institution, the payment shall be made on the next business day.
If the Company overpaid Creator Sales to a Creator due to a system malfunction or any other reason, the Creator shall be obligated to immediately refund the overpaid amount received to the Company, regardless of the reason.
In the event that a problem occurs with a Product sold by a Creator, the Company may suspend the transfer of Creator sales to such Creator (not only Creator sales related to the Product in question in which the problem occurred, but all Creator sales) until the problem is resolved, regardless of the status of the transaction, and the Creator shall consent to such suspension in advance. The Creator agrees in advance to suspend the transfer of Creator sales to the relevant Creator (not only Creator sales related to the Product in which the problem occurred, but also all Creator sales) until the problem is resolved.
In addition to applying for transfer to a registered account, creators can use creator sales to purchase the equivalent amount of Xfolio points and BookLive points.

Article 11 Others

The Creator and the Buyer agree in advance that the shipping cost will be automatically determined according to the following calculation when the Product is shipped by the Shop's own shipping method through the affiliated shipping company. If the actual shipping cost exceeds the automatically determined shipping cost, the difference shall be borne by the Creator.
1. The delivery area and distance will be determined based on the creator's address registered in this store and the buyer's address
2. The shipping cost is determined by multiplying the "package size" (the size of the package and the delivery type such as Nekopos or TA-Q-BIN) set when the product is added (registered) with the delivery area and distance calculated in (1) above.
In the event of a shipping accident, etc., for the Product due to reasons attributable to the affiliated shipping company, the Company will compensate the creator with Xfolio points equivalent to the selling price of the Product.

附則

This Agreement will go into effect on February 1, 2022.
Any actions taken by members prior to the effective date of this agreement will also be governed by this agreement.