Terms of Service
Please read and understand the following terms and conditions of the service rules carefully before you register as a member.
The Rules set out your rights and obligations for our service. By clicking the “agree and register for membership” button, you are deemed to have agreed on all terms and conditions of the Rules.
Article 1 General provisions
- The Rules cover common usage set out the terms and conditions for all services offered on the online website (https://www.immortals-europe.com) operated and provided by Immortals Europe S.A.S.U (the “Company”).
- The Rules shall apply to all users (as defined in Article 2).
- The Company may, without obtaining the prior consent of the users, change the whole or a part of the Rules by notifying the user by posting on the website or by sending e-mail or other appropriate methods as determined by the Company.
- If a whole or a part of the Rules have been changed pursuant to the provision of the preceding paragraph, the changed Rules shall apply to the service and the users shall obey them.
Article 2 Users and members
- Under the Rules, “users” collectively mean the persons who will search, browse or use images, texts, designs, logos, video pictures, programs, ideas, information, etc. (collectively referred to as “the Contents”).
- “members” mean those who have agreed to the Rules among the users, have applied for membership registration in accordance with the procedures prescribed by the Company, and have been approved by the Company.
- When you register the membership of the Company, you should read and understand the Rules and use the Service of the Company. If you check “agree” of the Rules in the application form for the Service, you are deemed to have accepted and approved all terms and conditions of the Rules.
- We may refuse registration of applicants whose membership has been cancelled in the past or who are judged not to be suitable as our member by the Company.
- Any Minor shall need prior consent of their qualified legal representative(s) for the application to membership registration.
Article 3 Eligibility of members
- The members are able to purchase the Company’s products or use the point service in accordance with the point rules as provided the Company separately.
- The members are able to use “My Page” prescribed by the Company. The members can look at the function on My Page after logging in, and are able to input, change, update, delete information, etc., to each function.
- The Company shall give notice on the Service by way of sending by e-mail to the e-mail address registered by the members or posting it on the website as determined by the Company. We shall not be responsible for any damage or loss caused due to the circumstances of the members even if any member has not received such notice from the Company.
- The member may not transfer, sublease, provide as collateral or dispose in any other form any membership position or any rights acquired related the Service.
Article 4 Change to member registration information and membership revocation
- When any change occurs in member registration information of the members, the relevant member shall change such information without delay. The Company shall not be responsible for any damage or loss caused by no change of the member information. Even if the member changes the relevant information, any transactions which have already been completed before such change shall not be affected by such change.
- The members are able to request the revocation of membership at any time. If any member intends to do so, he/she shall report to the Company by predetermined withdrawal procedures. The member shall lose his/her membership status when the Company has completed such withdrawal procedure.
- Any member’s transactions which have already been completed before withdrawal shall not be affected by it. Any rights such as service benefits owned by the member before the termination of the membership shall become null and the Company shall not be responsible for any compensation to the relevant member.
Article 5 Maintenance of Members’ ID and Password
The members shall be responsible for maintaining ID and password information. When the Company has confirmed that the entered ID and password match the registered information by the prescribed method, it is deemed that the member uses the Service. If the third party wrongfully use the member’s ID or password due to fraudulent use, misuse or any other reasons, the Company shall not be responsible for any damage or loss of the relevant member caused by it.
Article 6 Suspension of service usage and cancellation of member registration
- The Company may suspend the service usage, change the member ID and password or cancel the membership of the relevant member without prior notice when we determine that the member falls into any of the following items:
- member’s violation of laws and regulations or the Rules;
- illegal acts or improper performance concerning the member’s service usage;
- securing the security of the member, such as mistakes of entering a password more than a certain number of times;
- misuse of the member ID and password;
- false declarations in registration information at the time of enrollment procedures or changed information after enrollment;
- wrongfully amending, misappropriation of information on the website of the Company and intentional obstruction of the Company’s operation;
- no contact with the member by e-mail or the member’s death;
- any delay in performance or default of payment obligation such as fees by the member without justifiable reasons;
- the Company’s judgement on the member being inappropriate as a member; or
- the Company’s judgement on the need to do so.
- If the member does not log in a certain number of times within the certain period specified by the Company, the Company may suspend the member’s service usage, change ID and password or cancel membership without prior notice to him/her.
- The Company shall not be responsible for any damage or loss by the service suspension and so on.
Article 7 Purchase and contract of goods
- The members may purchase goods by using the Service.
- The member desiring to purchase any goods, the member shall order the product pursuant to the method specified by the Company.
- The sale and purchase agreement of the goods between the Company and the member shall become effective on the Company’s dispatch of “the shipping notification e-mail” to the registered e-mail address of the member. We may refuse the member’s order for any reasons.
- The Company will do our best to post accurate product information. However, if the Company receives any order from the member based on the incorrect price of goods or service as provided by the Company, the Company shall notify you of the corrected price and ask and confirm the member’s intention of such order based on the corrected price before the effectiveness of the said agreement.
- In case of any member misconduct or inappropriate acts concerning the service usage, the Company shall be able to cancel the sales agreement with the member, or take other appropriate measures.
- In case of expensive transaction in a certain period, the Company shall contact the member.
- The Company shall not be responsible for any damage or loss by the no receipt or approval of members’ application for purchase of goods, etc. due to any obstacles on the internet or any other causes beyond our control.
- The Shipping Fee for pre-order items is approximate and may be subject to change. The estimate shipping fee is based on the prototype sample and may be adjusted once the production is completed. The Company shall modify and revise the shipping fee, if required, due to the shipping company’s revision of fares, change of weight or box dimension and others.
Note: preordered Goods
- The “pre-order” order shall become effective on the completion of the member’s payment of pre-order deposits to the Company. The reservation deposit shall be applied to a part of the price of the goods later.
- The “pre-order” deposits as provided in the preceding paragraph shall not be refunded for any other reasons than out-of-stock, release cancellation, etc., However, if the member send an email to the Company’s mail address “firstname.lastname@example.org” regarding the reservation order cancellation within 24 hours from the effectiveness of reservation order, such order will be cancelled upon the Company’s approval and the reservation deposit may be refunded to the relevant member by the Company.
- Even if the member has ordered the “pre-ordered” goods, or has paid the “pre-order” deposit or the full amount of the purchase price of the reserved goods, it is regarded to be just an order of the reserved goods. Also, even if the description “pre-order” are displayed on the product page or your order history, etc., on the website, the Company shall provide no guarantee to the relevant member’s purchase right of the preordered goods. In this case, the sale and purchase agreement of the goods between the Company and the member shall become effective on the Company’s dispatch of “the shipping notification e-mail” to the registered e-mail address of the member.
Note: Waiting List
- If the number of the “pre-order” orders for the pre-ordered goods exceeds the acceptable number of the goods to be sold by the Company, the Company may not treat it as the pre-order order. However, the member may request the Company to record such “pre-ordered” orders in the cancellation waiting list (“the Waiting List”).
- The member’s pre-order recorded in the Waiting List shall automatically be treated in order as the definitive “pre-order” orders and settlement of the pre-order deposit when any precedent pre-order is cancelled. The pre-order will be completed on the completion of the settlement of the pre-order deposit.
- The pre-orders recorded in the Waiting List will be revoked when the cancellation of pre-order for that product will no longer occur.
- Even if the member requests the Company to record his/her reservation orders in the Waiting List, or the description “recorded” are displayed in the Waiting List, the Company shall provide no guarantee the relevant member’s purchase right of the pre-ordered goods. In this case, the sale and purchase agreement of the goods between the Company and the member shall become effective on the Company’s dispatch of “the shipping notification e-mail” to the registered e-mail address of the member.
Article 8 Payment method
- The price of the goods to be paid by the members will be the total of purchase price and applicable consumption tax.
- The member shall pay the price of the goods by any of the following methods.
- PayPal payment (For PayPal payment, please visit the website https://www.paypal.com/)
- Credit card via Stripe.
- Bank wire remittance (only after contacting email@example.com and for full payments without deposit or payment plan).
- Even if the member orders more goods than one, the Company charge him/her any delivery fee including shipping fee of the Company for each good. The delivery out of specification, fee related to delivery may be added by the Company separately.
- For PayPal payment, the member shall agree to PayPal’s billing agreement in advance. The member shall comply with the terms separately contracted with PayPal. If any dispute arises between the member and PayPal, the member and PayPal will be responsible for resolving them, and we shall not be responsible for it.
- For Stripe payment, the member shall agree to Stripe’s billing agreement in advance. The member shall comply with the terms separately contracted with Stripe. If any dispute arises between the member and Stripe, the member and Stripe will be responsible for resolving them, and we shall not be responsible for it.
- The member may choose monthly installment payment. The Company will start preparation of shipment of goods at the completion of all installment payments.
- For pre-order goods, the pre-order deposit will be settled as a part of the price when the “pre-order” order is formally processed by the Company. If any pre-order deposit may not be settled, the relevant pre-order will become invalid. The Company will charge the member the balance of the price of the goods (including consumption tax and delivery fee) at or around the shipment of the goods.
- For in-stock goods, If you wish to cancel before the final payment is completed, when you ordered items by monthly payment, we will charge 50 € as a cancellation fee. We will refund amount deducted the cancellation fee.
- For the order of the Company’s inventory goods, the member shall pay to the Company’s bank account within 2 weeks after his/her receipt of the Company’s mail regarding payment
- For the order of any “pre-order” goods, the member shall pay not the “pre-order” deposit to the Company. The full payment of the value of the pre-ordered items, taxes and shipping fees is required at the time of the application of such an order.
- The member may not choose an installment payment. The member shall pay the full amount of his order including the shipping fee and applicatble tax to the Company’s bank account within 2 weeks after his/her receipt of the Company’s mail on payment. After this period of 2 weeks, the order of the member will be automatically cancelled in case the payment did not reach our bank account for any reason we would not be responsible of.
Article 9 Delivery of goods
- The goods shall be delivered by the carrier (FedEx, DHL etc.) specified by the Company.
- The Company shall arrange the delivery of goods based on the destination and the delivery time of goods as requested by the member.
- The Company shall not be responsible for any damage or loss or delivery trouble of the member if it gave notice to the address registered by the member and the shipper delivered the delivery destination instructed by the member at the time of purchase of such goods.
- The delivery dates of certain goods as the Company announced may be changed or delayed due to various circumstances. The Company may not be able to accept the order due to out-of-stock or cancellation of release sale of the goods. In this case, The Company shall not be responsible for any damage or loss of the member.
- The territory of the sale or the delivery area of certain goods may be limited by any agreements with carrier company or licensor and so on. The Company shall not handle any sale transactions outside the territory of the sale by using intermediaries. The member is not able to change the delivery destination after his/her order and change any delivery destination outside delivery areas or across countries.
Article 10 Customs Duties, Export Certificates
- Import duties, value added taxes, customs fees, etc. may be imposed depending on the laws and regulations of the destination countries. The member or the addressee of the goods (if the addressee and the member being different) shall bear those duties, taxes and fees. The carrier shall directly charge regarding those duties, taxes and fees.
- The Company shall charge the cost of shipping and returning of the goods if the member or the addressee refused the receipt of the goods due to reasons such as those duties, taxes and fees. In addition, the Company shall not be responsible for delays due to custom troubles and customs procedures. The Company shall not issue any proof of origin of delivery goods or export certificate such as export visa.
- The Company may not make false statements that are different from actual sales, on its invoices.
Article 11 Return and exchange of goods
- Except for the following cases, the delivered well may be returned or exchanged due to its defect or initial malfunction by giving e-mail to the Company (e-mail address: firstname.lastname@example.org) within 30 days after the receipt by the member who purchased goods or the addressee of the goods (collectively “the Addressee of the goods”). The Company shall judge any defects or initial malfunction of the goods at its discretion. If the Addressee of the goods wishes to return the goods due to his/her circumstances, he/she shall bear damage fees and round-trip shipping fees for return of the goods.
- 31 days have elapsed after delivery of goods
- no e-mail has been sent to the Company regarding return or exchange within 30 days after the receipt by the Addressee of the goods.
- the goods were purchased via other websites or parties than the Company
- any other person or entity than the Addressee of the goods requests to return or exchange
- the Company received the request of return or exchange by shipping from any other areas than the delivery area/country at the time of purchase of goods
- the member registration has already been deleted
- damage, defect, breakdown, dirt, incomplete occurred due to the responsibility of the Addressee of the goods after its receipt of goods
- breakage, dirt, incompleteness of packing material, package, carton box occurred in the course of return of the goods
- the Company judged no defects or initial malfunction of the goods
- any other cases when the Company judged as inappropriate
- If the Addressee of the goods wishes to return or exchange, please contact the Company by email (e-mail address: email@example.com) notifying the serial number, order number, and the name and the details of the goods to be returned or exchanged. After the receipt of its e-mail, the Company will examine the defects and will give notice on the examination result to the Addressee of the goods. The Addressee of the goods may not return or exchange the said goods unless the Addressee of the goods receives the e-mail regarding the acceptance of return or exchange from the Company.
- Under certain circumstances such as lack of goods and so on, the Company may not exchange the defects goods with substitute goods. In this case the Company shall refund the money for the price of the said goods.
- The Addressee of the goods may request the Company of return or exchange of goods by shipping from the region/country at the time of purchase of goods.
- The goods are packed in our original package (decorated box) and carton box for the purpose of protecting goods. For the damages of the original package or carton box, their package or box and the goods may not be returned or exchanged.
- After the Addressee of the goods received e-mail from the Company as described in paragraph 2, it shall return the defect goods to the Company’s designated place in the same condition of the package as delivered to the Addressee of the goods address. If the Company finds improper packing of returned goods or damage, defect, breakdown, dirt or incompleteness of the goods due to the fault of the Addressee of the goods, the Company shall charge their repair costs against the Addressee of the goods.
Article 12 Disclaimer regarding goods
- The color and shape of goods, etc., as displayed on the website may differ from the actual ones depending on the settings of the monitor or the Company’s photo processing of the goods.
- The Company provides no guarantee or warranty that the description and statement of the goods under the Service will be accurate, complete and most recent although the Company has tried to do its best on them.
- Except for the case as any applicable laws specially provided otherwise, the Company shall not be liable to any person or entity for the damage, loss, disadvantage that occurred regarding the goods purchased under this Service for any causes of the legal claims or any reasons.
- The scheduled delivery date of the reserved goods on the product detail page shall be just a possible schedule. The goods may be delivered before or after the scheduled delivery date. The Company cancel the order of the goods due to the discontinuance of production.
- The size and weight of the goods described on the Company’s website will be the number measured at the time of their design. The Company will try to describe precise size and weight as possible, but the size and weight described on the website may be different from those of the goods.
Article 13 Disclaimer regarding service provision
- The Company shall assume no responsibility for the content, usage and results of websites that link to or from the Company’s website (including legitimacy, validity, accuracy, trustworthiness, safety, current relevance and integrity).
- Links to sites deemed illegal or inappropriate for the operation or management of the Company may be deleted without notice to the members or users.
- The Company shall, without prior notice to the members or users, stop, suspend or change the provision of the service for the following cases and assume no responsibility for damages sustained by the members or users (including loss, inconvenience or diminished benefit) directly or indirectly due to temporary service suspension, cancellation or changes resulting from the following cases.
- regular maintenance and emergency maintenance of a computer system (hereinafter referred to as “system”) for providing the service;
- natural disasters such as fires, earthquakes, floods, lightning and heavy snow;
- instances of social unrest such as war, rebellion, terrorism and riots;
- default by providers of services to the Company, such as telecommunications companies, transport providers and other contractors used in the provision of the service;
- technical issues beyond the control of the Company;
- system operation being difficult due to system failure, unauthorized access from a third party, infection of computer viruses and so on;
- reasonable grounds such as orders or request of administrative agencies and judicial organizations; or
- the Company’s judgement that it is necessary to stop or suspend the system unavoidably.
- The Company shall assume no responsibility for damages incurred by the member or users as long as the service is provided in accordance with their registration.
- If any user or third party suffers damages as a result of use of the service by other members or user, the member or user in question shall seek resolution under his/her own responsibility and expense and shall indemnify the Company from liability for any claims resulting from related damages, losses, disadvantage, demerit and so on.
- Unless otherwise specified in writing, all information, products, etc. will be provided in the condition of “as is” to the members and users by the Company and the Company shall not provide guarantees and warranty for any kinds regarding the service, its operation, its publication information, goods provided under the service, etc.
- The Company shall not provide any guarantee that the server used for the service or e-mails sent from us are not infected with viruses or other harmful elements. The members and users are deemed to have agreed to use the service at their own risk.
Article 14 Prohibitions
Users are prohibited from engaging in the acts outlined below, and shall be liable for damages suffered by the Company, the other members or users or any third party as a result of violation.
- conduct that causes or may cause problems, disadvantages or damage to the Company, other members or users or third parties
- use of the service for non-approved commercial purposes
- conducts that the members or the users use the content acquired through the service outside the scope of private use
- duplication, sale, publication or distribution/disclosure to the public or similar acts regarding content acquired through the service via third parties other than other members or users
- uploading or e-mail transmission of content such as viruses, code, files or programs to the Company service website with the intent of interfering with, destroying or impairing software/hardware functionality or otherwise affecting online communications
- conduct that infringes or may infringe on intellectual property rights such as copyrights, private rights and any other rights of other members or users or third parties or the Company
- conduct that violates laws or decrees, or violates the Rules or any other rules related to the service of the Company, or is considered contrary to public order and customs, or conduct that the Company determined to be deemed to violate as above
- acquisition of the membership on behalf of a person whose membership has been cancelled
- assignment, provide as pledges, lease of membership to third parties
- conducts that multiple people jointly own or use as one member’s position
- Other acts deemed inappropriate
Article 15 Intellectual Property Rights
- Intellectual property rights including copyrights of contents provided through the service (characters, graphics, logos, button icons, images, audio clips, things downloaded in digital form, edited version of data, software, etc.) shall remain the property of the said copyright owners who have licensed to us or the Company. The copyrights of all works are protected under international laws and Japanese copyright law and any other applicable laws (“the IP Applicable Laws”) for the Company or the said owners or providers.
- Regardless of any purpose, any reproduction of the contents of the Company without its approval, unauthorized reprint or any other unauthorized secondary use shall be prohibited. If any violation of the IP Applicable Laws is found, the Company shall take immediate legal action.
- If any disputes occur between other members, user or third party by violation of this Article, the member or user in question shall seek resolution under his/her own responsibility and expense and shall indemnify the Company from liability for any claims resulting from related damages, losses, disadvantage, demerit and so on.
Article 16 Acceptance on information gathering
- We will collect the following information on users’ access history for investigating user access history and usage situation or for improving service to users.
- Information on the IP address or user identification number of the portable terminal when the user accesses the server of the service
- user’s access information acquired by the Company through our cookie technology (technique for temporarily storing data on a user’s computer through a website browser and recording and saving the final date and time the user visited the website, the number of visits to the website, etc.)
- The members and users acknowledge in advance that they may be restricted on the use of the service if they set to deny cookies in the website browser.
Article 17 Change of service
- The Company has a right to change the contents of the service at any time without prior notice to the members and users as determined by the Company. In this case, the Company shall assume no responsibility for damage or loss of members or users due to change of the contents.
- If required by the Company’s determination, the Company has a right to stop the service at any time by announcing in advance on the website.
Article 18 Revision of the Covenant
- The Rules shall apply to the members and users who use the service. However, if there is other terms and conditions for using the said service as different from the Rules, the other term conditions will apply to the said service.
- Without consent from the members or users, the Company may change the Rules by giving notice to them by the method that it is deemed appropriate (e-mail, posting on the website, etc.).
Article 19 Damages
The members shall be responsible for any damages (direct damages, indirect damages, attorneys’ fees, etc.) caused by violation of the Rules or other related rules for the service.
Article 20 Governing law and jurisdiction
- The service and the Rules shall be construed in accordance with Japanese law.
- If any problems or disputes arise and have not been resolved by the Rules or the guidance and response of the Company, the relevant member or user and the Company will discuss in good faith and resolve it.
- Any disputes related to the service or the Rules shall be exclusively settled by the French District Court in the first instance.