Terms of Sale
Gallery Rare EC Terms of Sale
CircLuxe Inc. (hereinafter called the "Company") specifies these terms of use (hereinafter called the "Terms") as follows regarding the provision of the product sales service (hereinafter called "the Service") on the website of Gallery Rare (hereinafter called the "Website").
Article 1. General Provisions
1. You shall use the Service subject to your agreement to these Terms, and upon using the Service, you are deemed to have agreed to these Terms.
2. If you apply for, other than the Service, the membership service "GALLERYRARE MEMBERS" operated by the Company, separate membership terms will apply.
3. If there is any inconsistency between the provisions of these Terms and the membership terms, these Terms shall prevail.
Article 2. Amendment of the Terms
1. The contents of these Terms and the Service may be changed or abolished without your consent and without prior notice, if necessary for the operation of the Service. When amending these Terms, the Company shall announce the contents of the Terms after amendment on the Website at least two weeks prior to the effective date (hereinafter called the "Notice Period"). Nonetheless, the Notice Period may be shortened in cases of emergency.
2. The amended Terms shall become effective from the effective date. If these Terms or the Service are amended, such amendment shall apply to all transactions made after the amendment.
3. You shall confirm the latest information contained in the Website before using the Service.
4. If you use the Service after the amendment of these Terms, you are deemed to have agreed to the amended Terms or Service.
5. In addition to the consent to these Terms as stipulated in Article 1, you shall use the Service with your consent to the Personal Information Protection Policy that is referred to in Article 11 and any other terms of the Company applicable to you.
Article 3. Formation of Sales Contract and Transfer of Ownership
1. The sales contract for products under the Service shall be formed when the Company delivers the product to the designated carrier, regardless of the payment method and shipping method you selected for the product. The ownership of the product shall transfer to you when the sales contract is formed between you and the Company.
2. In case you are a minor, you assure the Company that you have the authority necessary to purchase products from the Company by, for example, having obtained the consent of a person with parental authority over you or of your guardian.
Article 4. Refusal of Use of the Service
1. In case any of the following items applies to you, the Company may, without prior notice, cease your use of the Service, claim for damages (including attorney's fee), and take other measures deemed appropriate by the Company. In addition, the Company may terminate the sales contract without prior notice and refuse future transactions.
(1) Abusive language, intimidation, or threatening behavior toward the Company's employees, or interference with business operations.
(2) Using the Service for commercial purposes (excluding the cases approved by the Company in advance).
(3) Purchasing products by presenting identification documents of other persons or by making payment with credit cards or other payment methods in the name of other
persons.
(4) Purchasing a large number of products repeatedly and continuously in a short period of time.
(5) A minor has purchased products without obtaining the consent of a legal representative (such as a person with parental authority).
(6) It is found that your member registration contains false information.
(7) It is found that, in connection with any service provided by the Company or its affiliated companies, you have violated the terms and regulations related to such service or have defaulted on an obligation without a justifiable reason.
(8) Violating laws and regulations, these Terms, or other rules prescribed by the Company.
(9) Falling under the matters stipulated in Article 12 (Exclusion of Anti-Social Forces) hereof.
(10) A petition for legal procedures including bankruptcy or civil rehabilitation (or individual rehabilitation) was filed against you or by you, a petition for out-of-court debt adjustment was filed by you, or otherwise the Company determines that your financial credibility has been impaired.
(11) The Company determines that you have repeatedly purchased products without the intention to purchase.
(12) Refusing to receive products without justifiable reasons.
(13) Returning products in multiple times excessively without justifiable reasons.
(14) Violating laws and regulations applicable to you.
(15) Other cases where the Company determines that your use of the Service is inappropriate.
2. If the Company ceases your use of the Service or takes other measures deemed appropriate by the Company pursuant to the preceding Paragraph and such measures disturb your use of the Service and thus damages are caused to you, the Company shall not be liable to you in any way.
Article 5. Prohibited Matters
You shall not conduct any of the following acts. In the event that you violate this provision and caused damage to the Company or a third party, you shall be responsible for compensating the Company or the third party for all of the damages caused.
(1) Acts that cause or threaten to cause nuisance, disadvantage, or damage to third parties including other customers, or to the Company.
(2) Acts that violate or threaten to violate public order and morals or other laws and regulations.
(3) Registering false or misleading information.
(4) Uploading to the Website, or transmitting by email or other means, any content such as computer viruses, computer codes, files, or programs designed to interfere with, destroy, or limit the functionality of computer software, hardware, or telecommunications equipment.
(5) Reproducing, selling, publishing, distributing, or releasing the content obtained through the Service beyond the scope of your personal use, or engaging in any similar acts.
(6) Acquiring, accumulating, or storing the personal information of other customers.
(7) Using the Service by fraudulent use of a credit card, mobile phone payment, or other payment methods.
(8) Using the Service by use of the IDs or names of other customers; and obtaining IDs and passwords from others or disclosing or providing IDs and passwords to third parties by whatever means.
(9) Other acts that are likely to damage or destroy the Company's credibility or interfere with the Company's business operations, or similar acts that the Company reasonably determines to be inappropriate.
Article 6. Termination of Sales Contract
1. Since the Company simultaneously sells the same products through multiple sales channels including in-store and the Website, when the products are sold out, the Company may terminate the sales contract with you without notice even after the formation thereof. You shall agree to this in advance. The same shall apply in cases where the product description of the products being sold is inconsistent with the actual products.
2. Before the Company delivers the product to you, if the return of the product is claimed by a person who is allegedly the true owner of the product for whatever reasons including the product having been stolen, lost, or inherited, and the Company is unable to deliver the product to you, or if it is found that the product is a prohibited item for sale stipulated by the Company or the law, the Company may terminate the sales contract with you without notice.
3. In the cases of the preceding two Paragraphs, if the Company has already received payment for the product from you, the Company shall be exempt from all liabilities to you by refunding the amount of such payment without interest.
4. If the police order the Company to store the product pursuant to the provisions of the Secondhand Goods Business Act (Year 1949 Act No. 108, as amended subsequently), the Company may refuse to deliver the product to you to the end of such storage period. The Company shall not be liable for damages resulting from the delay in delivery of the product to you after taking the measure pursuant to this Paragraph.
5. If the product you purchased is judged to be a fraudulent product (counterfeit) according to the Company's regulations, the price shall be fully refunded to you in exchange for the product. In this case, the Company’s liability shall be limited to the refund of the product price, and the Company bears no further liability for damages.
Article 7. Payment for Purchased Product
1. The amount payable by you when you purchase products through the Service (hereinafter called the "Total Payment Amount") is the total of the price of the purchased products including consumption taxes, shipping fees, and other relevant handling fees.
2. Payment of the price of the purchased products and other fees may be made only through a payment processing company designated by the Company or by a payment method separately approved by the Company in writing or by electromagnetic record.
Article 8. Exchange and Return of Products
1. The Company shall accept the return of products only if the product you purchased is covered by our Secure Purchase Guarantee, on the condition that the product is returned to the Company within three days after its arrival. The shipping costs incurred for the return shall be paid by you. If a product is returned pursuant to this Article, the Company shall refund the Total Payment Amount to you by the same method as at the time of purchase or shall pay you by other methods, and the Company will not replace or repair the product. Moreover, the refund shall be limited to the product price and shall not include bank charges, installment charges, or other charges you paid at the time of payment for the product.
2. Notwithstanding the preceding Paragraph, no returns shall be accepted whatsoever in any of the following cases.
(1) If damage, defacement, or alteration is found on the returned product (including the box, accessories, and others incidental to the product).
(2) If accessories provided at the time of purchase are not returned.
(3) If the product was altered or processed at your request at the time of purchase.
(4) If the receipt of the product was delayed for your personal reasons.
3. If the product you purchased is not subject to Secure Purchase Guarantee, no returns shall be accepted in any case.
Article 9. Receipt, Storage, and Disposal of Products
You shall comply with the following rules regarding the receipt, storage, and disposal of the products you purchased.
(1) You shall purchase products after notifying the Company of an address, contact information, and a time slot for the receipt of the products sold by the Company. If you fail to receive the products at the said address or during the said time slot, you shall notify the carrier of the date and time when you can receive them. In case that you change your address, you shall change the address notified to the Company by the method designated by the Company.
(2) If you do not receive the products sold by the Company, the Company shall make notice to you, and afterwards, you shall provide appropriate instructions to the Company within ten days.
(3) In case that you give instructions in response to the notice stated in the preceding Item, the Company shall re-deliver the products in accordance with such instructions; provided, however, that you shall pay the costs prescribed by the Company for re-delivery and storage of the products, if the period from the return of the products to the Company until the re-delivery exceeds 14 days.
(4) If you do not give instructions to the Company within the period set forth in Item (2) of this Article, or if you do not pay the full amount of the storage fees set forth in Item (3) of this Article (the full amount of storage fees incurred up to the scheduled re-delivery date) within 14 days after the Company requested such instructions or payment, the Company may terminate the sales contract with you.
(5) In case you do not receive the product, the Company shall be exempt from liability by storing the product with the same degree of care as it exercises over its own property, and the Company shall not be liable for any subsequent changes in the condition of such product (including, but not limited to, deterioration, deformation, consumption, damage, or decay of the product), except for those caused by the Company's intent or negligence.
(6) In case the Company terminates the sales contract pursuant to Item (4), the Company may dispose of the said product by way of a method prescribed by the Company, and the Company shall bear no liability toward you subsequently. Moreover, the Company may claim to you for the storage fees for the product and any other costs related to such sales contract incurred by the Company.
(7) If you designate unattended delivery to the carrier at your responsibility and if the products are lost, destroyed, or damaged, you shall resolve the issue with the carrier and shall exempt the Company from liability.
(8) If the Company terminates the sales contract pursuant to Item (4), the Company shall refund the amount, after deducting the costs payable by you as set forth in Item (3) and bank charges from the purchase price, by remittance to your bank account within one month after receiving your notice of such account.
Article 10. Change, Discontinuation, and Cessation of the Service
1. The Company may change, increase, or improve the whole or a part of the Service at any time without obtaining your prior consent.
2. The Company may terminate the provision or update of the Service without prior notice.
3. In case of any of the following, the Company may cease or suspend the provision of all or a part of the Service without prior notice to you.
(1) Urgent inspection or maintenance of the computer systems relevant to the Service.
(2) Stoppage of computers, communication lines, etc. due to accidents.
(3) Operation of the Service has become unfeasible due to force majeure such as earthquakes, lightning strikes, fires, wind and flood damages, power outages, and natural disasters.
(4) Other cases where the Company determines that the cease or suspension of the Service is necessary.
4. The Company is not liable for any damages caused to you because of the measures taken by the Company pursuant to this Article.
Article 11. Handling of Personal Information
1. In connection with the provision of the Service, the Company may acquire your personal information such as name, address, telephone number, and identification documents as necessary for the following purposes of use.
[Purposes of Use]
(1) Shipping of products.
(2) Provision of after-sales support for products.
(3) Registration and management of customer information in preparation for inquiries from you regarding purchased products.
(4) Ensuring the safety of transactions in in-store sales.
(5) Notifications regarding the Company's products, services, events, campaigns, etc.
(6) Research and analysis of marketing data and development of new services.
2. You shall agree that your personal information provided to the Company will be handled in accordance with the Company's "Personal Information Protection Policy" (https://galleryrare.co.jp/pdf/policy.pdf) and "Handling of Personal Information" (https://galleryrare.co.jp/pdf/treatment.pdf).
Article 12. Exclusion of Anti-Social Forces
1. You represent that you do not fall under any of the following items at the time of member registration and at each time you use the Service, and assure that you will not fall under any of them in the future.
(1) Organized crime group
(2) Member of an organized crime group
(3) Quasi-member of an organized crime group
(4) Organization affiliated with an organized crime group
(5) A corporate racketeer, a criminal organization falsely registering as a political organization, a criminal organization abusing special knowledge
(6) Person who has a social or economic relationship with any person as stated in Items 1 to 5 of this Paragraph
(7) Any other person equivalent to the preceding Items
(8) Falling under any of the following i. to v.
i. To have a relationship where a member of an organized crime group is recognized as controlling the management
ii. To have a relationship where a member of an organized crime group is recognized as being substantially involved in the management
iii. To have a relationship that is recognized as unjustly using a member of an organized crime group for purposes such as seeking wrongful profits for oneself, one's own company, or a third party, or causing damage to a third party
iv. To have a relationship that is recognized as being involved in providing funds or convenience to a member of an organized crime group
v. Cases where an officer or a person substantially involved in the management has a relationship with a member of an organized crime group that should be socially condemned
2. You assure that you will not conduct acts falling under any of the following Items by yourself or by using a third party.
(1) Demand with violence
(2) Unjust demand beyond legal responsibility
(3) Using threatening words and deeds or violence in connection with transactions
(4) Spreading rumors or using fraudulent means or force to damage the Company's credibility or to interfere with the Company's business operations
(5) Other acts equivalent to the preceding Items
3. If it is found that you fall under any of the Items of Paragraph 1, have committed an act falling under any of the Items of Paragraph 2, or have made a false declaration regarding the representation and assurance stated in Paragraph 1, the Company may delete your member registration and terminate all contracts with you, and you shall return the products upon the Company's request. The Company shall not be liable in any way for the damage incurred by you due to the termination pursuant to this Paragraph.
4. You assure that, if the Company suffers damage due to your violation of the assurance stated in Paragraph 1 or 2, you are liable to compensate for such damage.
5. When products are returned to the Company pursuant to this Article, the products shall be the exact same products (their product identification numbers and characteristics have to match those recorded by the Company at the time of sale) and in the exact same condition as at the time of sale. In the event that the identity of the product is not confirmed, the Company will not offer a refund.
Article 13. Disclaimers
1. In case that a link from the Service to a third party's website or resource, or a link from a third party's website or resource to the Service is provided, the Company shall not be responsible in any way for the contents, use, and results thereof (including, but not limited to, legitimacy, validity, accuracy, certainty, safety, up-to-date status, and completeness) of the said linked destination. In addition, if the Company reasonably determines that the contents of the said linked website or resource are illegal or inappropriate for the management and operation of the Service, the Company may delete such linked destination without requiring any notice to you.
2. In the event that the Service is temporarily ceased, discontinued, or changed for the reasons specified in the following Items, the Company shall not be liable for any damage, loss and disadvantage incurred by you directly or indirectly.
(1) Upon occurrence of natural disasters such as fires, earthquakes, floods, lightning strikes, and heavy snow, or social unrest such as wars, civil wars, terrorism, riots, and civil commotion.
(2) Cases where the Company’s telephone companies, transportation companies, or Internet service providers did not provide appropriate services.
(3) Cases where the Company is unable to handle the situation for the Company's technical reasons, because of overwhelming quantities of applications, and for similar reasons.
3. The Company shall fulfill its obligations and be exempt from liability by processing administrative affairs in accordance with the contents of your member registration.
4. If you cause any damage to other customers or third parties by using the Service, you shall resolve the issue at your own responsibility and expense and shall not cause any damage, loss, or disadvantage to the Company.
5. The provisions of these Terms that exempt the Company from liability for all damages incurred by you shall be valid to the extent that they do not violate the Consumer Contract Act and other applicable laws and regulations, and shall not apply when the Company’s intent or gross negligence is recognized. In addition, if damages are caused to you by the Company's slight negligence, the Company shall be liable to compensate you within the limit of 10,000 yen.
Article 14. Prohibition of Assignment of Rights and Obligations
Without the prior written approval of the Company, you may not assign to a third party your contractual status and a part or all of the related rights and obligations under all contracts based on these Terms.
Article 15. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of Japan, regardless of the principle of conflict of laws. In connection with disputes concerning these Terms or the Service, the Osaka District Court shall be the court with exclusive jurisdiction at the first instance.
Article 16. Validity of These Terms
1. If the Company does not exercise any of the provisions of these Terms or any rights related thereto, or any option under these Terms, it shall not be deemed a waiver of such provisions, rights, or options, nor shall it affect the validity of these Terms in any sense. In addition, the failure of the Company to exercise such provisions, rights, or options shall not preclude the subsequent execution or exercise of the same or other provisions, rights, or options under these Terms.
2. If any provision of these Terms is judged by the court to be illegal or invalid, the remaining provisions hereof shall remain valid.
3. These Terms constitute the entire and sole agreement between the parties with regard to the use of the Service, and all prior written or oral agreements existing between the parties shall become invalid.
4. Matters not stipulated in these Terms and doubts arising in connection with the interpretation hereof shall be resolved by mutual consultation in good faith between you and the Company.
(Supplementary Provisions)
These Terms of Use shall apply from April 13, 2026.
(Revision History)
Enforced on April 13, 2026
Revised May 12, 2026