Terms of Service
Terms of Service
Please read and understand the following terms and conditions of our service rules (“the Terms of Service”) carefully before registering for an account.
These Terms of Service set out your rights and obligations for our service. By clicking the "Agree and register for membership" button, you are deemed to have agreed to all terms and conditions of the Terms of Service.
Article 1 Introduction to our Service
- The Terms of Service govern your use of Services (“Services” – e.g., and where available, https://www.prime1studio.co.jp or https://www.prime1studio.com) provided by Prime 1 Studio Co., Ltd. (“Prime 1 Studio,” “we,” “us,” and “our”) and establish the terms and conditions.
- The Terms of Service apply to all users (as defined in Article 2).
- Prime 1 Studio reserves the right to modify all or part of the Terms of Service without obtaining the prior consent of users by notifying or informing users via our website, e-mail, or any other method we deem appropriate.
- If all or part of the Terms and Conditions are modified in accordance with the preceding paragraph, the modified Terms and Conditions shall apply to the use of our Service, and the User shall comply with the modified Terms and Conditions.
Article 2 Users and Members
- Under these Terms of Service, "users" collectively mean the persons who search, browse or use images, texts, designs, logos, video pictures, programs, ideas, information, etc. (collectively referred to as “contents.”);
- "Members" mean those who have agreed to the Terms of Service among the users, have registered for an account, and have been approved by Prime 1 Studio;
- When you register for an account at Prime 1 Studio, you should read and understand the Terms of Service and the use of our Service. If you check “Agree” to the Terms of Service when registering for an account, you are considered to have accepted and approved all terms and conditions of the Terms of Service;
- Prime 1 Studio may refuse registration of applicants whose membership has been cancelled in the past or who are determined not to be suitable for membership;
- Minors are required the prior consent of their qualified legal representative(s) for the registration of an account.
Article 3 Membership Benefits
- Members can purchase products and will have access to our Reward Point Program.
- Members have access to the “My Account” feature after logging in and can input, edit, update, delete information, etc., to each function.
- Prime 1 Studio will provide notifications regarding our Service through e-mail to the member’s registered e-mail address by post on our website. Prime 1 Studio is not responsible for any damage or loss resulting from the failure to receive notifications due to the circumstances of members.
- Members may not transfer, lease, or otherwise dispose of their rights to use our Service to any third party, nor may the same be inherited or succeeded to by any third party.
Article 4 Change to Account Information and Account Cancellation
- When any change occurs in the member’s account information, the member shall change such information without delay. Prime 1 Studio is not responsible for any damage or loss caused by the member’s failure to update their account information. Even if the member changes the relevant information, any transactions which have already been completed before the change will be unaffected by the change.
- Members may request to cancel their membership at any time. If any member intends to do so, they shall report to Prime 1 Studio by predetermined cancellation procedures. The member shall lose their membership status when the cancellation procedure has been completed.
- Any transactions that have already been completed before the membership cancellation will not be affected. Any rights such as service benefits owned by the member before the cancellation of the membership shall become null and Prime 1 Studio shall not be responsible for any compensation to the member.
Article 5 Account Management
Members are responsible for maintaining their ID and password information in confidence. When an account login has been verified with the registered member ID and password, the Use of the Service is considered to be that of the registered member. Prime 1 Studio is not responsible for any damages or loss incurred by members affected by the use or misuse of their account by access of a third party.
Article 6 Suspension and Termination of Use of Service
- Prime 1 Studio may suspend the use of our Service, change the member ID and password or cancel the membership without prior notice if it is determined that the member falls into any of the following:
- member’s violation of laws and regulations or the Terms of Service.
- illegal acts or unfair practices concerning the member’s use of our Service.
- compromising the security of the member, such as repeated failure of password entry.
- misuse of the member ID and password.
- false declarations in registration information at the time of registration or after registration.
- wrongfully amending or misappropriating information on Prime 1 Studio’s website and intentional obstruction of the general operation.
- the member cannot be contacted by e-mail or the death of the member.
- a lack or delay in payment of outstanding payables without justifiable cause.
- We determine the member to be inappropriate as a member; or
- Our judgment at our sole discretion.
- If the member does not log in a certain number of times within a certain period determined by Prime 1 Studio, we may suspend the member's service usage, change ID and password or cancel membership without prior notice.
- Prime 1 Studio is not responsible for any damage or loss caused by the suspension of service and so on.
Article 7 Purchase and Sales Agreement
- Members may purchase products using our Service.
- Members who wish to purchase products shall order the product in accordance with the method specified by Prime 1 Studio.
- The purchase and sales agreement between Prime 1 Studio and the member shall become effective once we have sent a shipment notification e-mail to the registered e-mail address of the member. We may refuse the member’s order for any reason.
- Prime 1 Studio will do its best to provide accurate product information. However, if an order is placed based on the incorrect price of a product provided by us, we shall send a notification of the corrected price and confirm the member’s intention to resume the purchase based on the corrected price before the purchase and sales agreement is effective.
- In case of any member misconduct or inappropriate acts concerning the use of our Service, Prime 1 Studio may cancel the sales agreement with the member or take other appropriate measures.
- If the sum of payment transactions over a period of time exceeds a certain amount, we will contact the member.
- Prime 1 Studio is not liable for the inability to receive the placement of an order, etc. due to internet connection issues or other causes outside our control.
- The Shipping Fee for pre-order products is an estimation based on a prototype sample and may be subject to change. Prime 1 Studio may revise the shipping fee if required, due to an adjustment in package dimensions, or fluctuation in shipping agency rates, amongst others.
- The reservation for the pre-order products (pre-orders) shall become effective upon the completion of the member’s payment of the non-refundable deposit (NRD) to Prime 1 Studio. The NRD is applied as a payment towards the total cost of the order.
- The non-refundable deposit shall not be refunded for any reason other than out-of-stock, release cancellation, etc. However, if the member requests cancelation within 24 hours via their account page, the order will be canceled and the non-refundable deposit will be refunded.
- Even if the member has pre-ordered a product or has paid the non-refundable deposit or the full amount of the purchase price, it is only regarded as a request to purchase. Also, even if it is displayed on the product page or account order history etc., on our website that an order has been placed, we do not guarantee the member’s right to purchase the product. In this case, the sale and purchase agreement of the product between Prime 1 Studio and the member shall become effective once we have sent a notification email that the item has shipped to the registered e-mail address of the member.
- If the number of pre-orders for a particular product exceeds the available quantity, we will be unable to accept further pre-orders. However, the member may request to record the reservation of orders through the cancellation waiting list (“The Waitlist”).
- In the case that the member’s waitlist order is selected, the member will be notified via email and a notification on the website. The payment will be charged for the amount of the non-refundable deposit in the event of a cancellation by another party. The customer will have two weeks to finalize the purchase. The pre-order reservation will be finalized upon the successful payment of the non-refundable deposit.
- The reservation of orders recorded on the waitlist will be revoked once all of the pre-orders have been fulfilled.
- Even if the member requests to record their reservation for an order in the waitlist, or the description "recorded" is displayed in the waitlist, we do not guarantee the member’s right to purchase the product. In this case, the sale and purchase agreement of the product between Prime 1 Studio and the member shall become effective once we have sent a notification email that the item has shipped to the registered e-mail address of the member.
Article 8 Payment Method
- The price of the product to be paid by the members will be the total of the purchase price and applicable consumption tax.
- The member shall pay the price of the product by any of the following methods.
- PayPal payment (For PayPal payment, please visit their website https://www.paypal.com/)
- Credit Card
- Bank wire transfer (Japan Only)
- Even if the member orders more than one product, we will charge the shipping fee for each individual product. For cases involving non-standard shipping methods, additional fees may be added separately.
- For PayPal payments, the member shall agree to PayPal's billing agreement in advance and then link their account. The member shall comply with the terms separately contracted with PayPal. The member is responsible for resolving any disputes or issues with PayPal directly.
- The member may choose a one-time payment or monthly installment payments. Monthly installments can only be paid via payments through PayPal. For a one-time payment, the total amount of the product will be charged when the order is placed. For monthly installment payments, the product will begin shipping preparation once all of the payment installments have been completed.
- For pre-orders and in-stock items paid with a payment plan, the non-refundable deposit will be paid as a part of the total price when the order is placed. If the deposit is not paid successfully, the order will not be valid. We will charge the member the remaining balance of the pre-order product (including consumption tax and shipping fee) at or around the shipment of the product.
- For the cancellation of in-stock products paid with a one-time payment, there is a 24-hour window to cancel with no repercussions. However, once the 24-hour window has passed, it is not possible to cancel the order.
Credit Card Payment
- Credit Card payments are available for purchases that are made with a one-time payment. Credit Card payments are not available for monthly installment payment plans.
Article 9 Shipping Policy
- The product will be delivered by the carrier (FedEx, DHL, etc.) determined by Prime 1 Studio.
- Prime 1 Studio shall arrange the delivery of the product based on the destination and the delivery time on behalf of the member. Any changes to the delivery address made after the order has been shipped shall be requested by the member directly to the designated delivery company.
- Prime 1 Studio shall not be responsible for any damage, loss, or trouble incurred by the member if the shipping courier delivered the goods to the confirmed shipping address registered by the member at the time of purchase.
- The delivery dates of a product as announced by Prime 1 Studio may be changed or delayed due to various circumstances. There may also be cases we are unable to accept orders due to a lack of inventory or a suspension of sales. Should any of these occur, Prime 1 Studio shall not be responsible for any damage or loss incurred by the member.
- The region of sales or distribution of some products may be limited by any agreements with the carrier company or licensor and so on. Prime 1 Studio will not handle any sales transactions outside of the region of sale by using intermediaries. Members will not be able to change their shipping address across shipping regions after their order has been placed.
- Economy Shipping is available for customers living in the United States, Europe (not all the countries, so please check our website via checkout), and Australia. The estimated delivery time might take up to 1-2 months for the US and Australia, and 2-3 months for European countries where Economy Shipping is available. In some cases, other levies may be charged by the local customs authority and collected by the courier.
Article 10 Customs Duties, Export Certificates
- Import duties, value-added taxes (VAT), 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 are different) shall bear those duties, taxes, and fees. The carrier shall directly charge based on those duties, taxes, and fees.
- Prime 1 Studio will charge the cost of shipping and the return of goods if the member or the addressee refused to accept the delivery due to reasons such as the aforementioned duties, taxes, and fees. In addition, Prime 1 Studio is not responsible for delays due to customs troubles and customs procedures. We do not issue certificates of origin or export visas or other export certificates for delivered goods.
- Prime 1 Studio cannot make false statements that are different from actual sales on its invoices.
Article 11 Returns and Exchanges
- Delivered products may be returned or exchanged due to defects or initial malfunctions if an e-mail notification is sent to our e-mail address (email@example.com) within 30 days after the member or addressee has received the product (collectively “the Addressee of the product”) except for the following cases. Prime 1 Studio shall judge any defects or initial malfunction of the product at our discretion. If the Addressee of the goods wishes to return the goods due to personal circumstances, they shall bear damage fees and round-trip shipping fees for the return of the product.
- 31 days have elapsed after the delivery of the product
- no e-mail has been sent to Prime 1 Studio regarding return or exchange within 30 days after the delivery of the product
- the product was purchased via websites or parties other than Prime 1 Studio
- any person or entity other than the Addressee of the product requests to return or exchange
- We received the request for a return or exchange by shipping from any area other than the delivery area/country at the time of the purchase of the product
- the member’s account has already been deleted
- the product is affected by damage, defect, breakage, dirt, or missing parts due to the responsibility of the Addressee after delivery
- breakage, dirt, incompleteness of packing material, package, or carton box occurred in the course of the return of the product
- Prime 1 Studio determined there is no defect or initial malfunction in the product
- any other cases which we determine as inappropriate
- If the Addressee of the goods wishes to return or exchange a product, please contact us by e-mail (firstname.lastname@example.org) notifying the edition number, order number, and the name and the details of the product to be returned or exchanged. After receiving the e-mail, we will examine the defects and will give notice regarding the result to the Addressee. The Addressee may not return or exchange the product unless they receive an e-mail from Prime 1 Studio regarding the acceptance of a return or exchange.
- Under certain circumstances such as lack of inventory and so on, we may be unable to exchange the defective product with a replacement. In this case, we will refund the amount paid for the product.
- Requests for returns or exchanges will only be accepted when shipped from the same region/country of the Addressee of the product.
- Our packaging and carton boxes are for the purpose of protecting the product. Even if they are damaged, the package, carton box, or product is not eligible for return or exchange.
- After receiving our e-mail as described in paragraph 2, the Addressee shall return the defective product to our designated address in the same condition (including packaging) as delivered to the Addressee. If we find improper packing, damage, defect, breakage, dirt, or missing parts of the product due to the fault of the Addressee, we will charge the repair costs against the Addressee.
Article 12 Product Disclaimer
- The color and shape of products, etc., as displayed on our website may vary from the actual product depending on monitor settings or our photo processing.
- We will do our best to ensure that the description of the products under our Service will be accurate, complete, and up to date, but provides no guarantee or warranty.
- Unless specified by specially provided law, Prime 1 Studio is not liable for damages or loss of any kind incurred by members as a result of purchases made through our Service, regardless of the legal cause of action or reason.
- The scheduled release date of pre-order products on the product detail page is an estimation. The product may be released before or after the estimated release date. We may cancel pre-orders due to the discontinuation of production.
- The size and weight of the product on our website are prototype measurements. We will try to provide as precise measurements as possible, but the measurements provided on our website may vary from the actual product.
Article 13 Service Disclaimer
- Prime 1 Studio is not responsible for the content, usage, and results of websites that link to or from our website (including legitimacy, validity, accuracy, trustworthiness, safety, current relevance, and integrity).
- Links to sites deemed illegal or inappropriate by Prime 1 Studio may be deleted without notice.
- Prime 1 Studio is not responsible for damages or loss of any kind due to temporary service suspension, discontinuation, or changes to the provision of service resulting from the following cases without notice.
- regular maintenance or emergency maintenance of a computer system (hereinafter referred to as "system") for the provision of service;
- natural disasters such as fires, earthquakes, floods, lightning, and heavy snow;
- instances of social unrest such as war, rebellion, terrorism, and riots;
- We are unable to receive appropriate service from contracted providers such as telecommunications, shipping carriers, and so on;
- technical issues beyond the control of Prime 1 Studio;
- difficulties in system operations due to system failure, unauthorized access from a third party, infection of computer viruses, and so on;
- upon demand by reasonable grounds from administrative agencies and judicial organizations; or
- We determine it necessary to temporarily or permanently shut down the system due to unavoidable circumstances other than those listed above.
- Prime 1 Studio is not responsible for damages incurred by members or users as long as the provision of service is in accordance with The Terms of Service.
- Members, users, and third parties are responsible for resolving any disputes between other members, users, or third parties over damages incurred from the use of our Service through their own expense and shall indemnify and hold harmless from liability Prime 1 Studio from 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. We do not provide guarantees or warranty for any kind regarding our Service, its operation, its publication information, products provided under our Service, etc.
- Prime 1 Studio shall not bear any liability, whatsoever, for any damage caused by any computer viruses, spyware, etc. that may affect the member or user's computer through the use of our Service. Members and users agree to use our Service at their own risk.
Article 14 Prohibitions (Acceptable Use Policy?)
Users are prohibited from engaging in the acts outlined below and are liable for any damages incurred by Prime 1 Studio, other members or users, or any third party as a result of the following violations.
- conduct that causes or may cause problems, disadvantages, or damage to Prime 1 Studio, other members or users, or third parties.
- use of our Service for non-approved commercial purposes.
- use of content obtained through our Service outside the scope of private use by the Member or User.
- duplication, selling, publication, or distribution/disclosure of content acquired through our Service via non-user third parties to the public or similar acts.
- uploading or e-mail transmission of content such as viruses, code, files, or programs to our 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, privacy rights, or any other rights of users, third parties, or Prime 1 Studio.
- conduct that is illegal, violates the Terms of Service, or is considered contrary to public order and customs, or conduct that we determine to be a violation.
- registration of an account on behalf of a person whose membership has been cancelled.
- transferring, pledging, or lending of membership to third parties.
- the joint use or sharing of accounts.
- Other acts deemed inappropriate.
Article 15 Intellectual Property Rights
- Intellectual property rights including copyrights of contents provided through our Service (characters, graphics, logos, button icons, images, audio clips, things downloaded in digital form, edited versions of data, software, etc.) shall remain the property of the said copyright owners who have a licensing agreement with Prime 1 Studio. The copyrights of all works are protected under international laws, Japanese copyright law, and any other applicable laws (“the IP Applicable Laws”) for Prime 1 Studio or the relevant owners or providers.
- Any reproduction of contents of Prime 1 Studio without our approval, unauthorized reprints, or any other unauthorized secondary use shall be prohibited for any purpose. If any violation of the IP Applicable Laws is found, we shall take immediate legal action.
- Members and users are responsible for resolving any disputes between other members, users, or third parties by violation of this Article and shall indemnify and hold harmless from liability Prime 1 Studio from any claims resulting from related damages, losses, disadvantages, and so on.
Article 16 Consent to Information Use
- By submitting personal information to Prime 1 Studio, users consent to the collection, processing, and transmission of such information for the purposes of the provision of our Service and internal use.
- IP address or mobile device identification number when the user accesses the server of our Service
- the user’s access information acquired by Prime 1 Studio through cookies (a tool used 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 our website, the number of visits to our website, etc.)
- The members and users acknowledge in advance that they may be restricted on the use of our Service if they deny cookies in our website browser.
Article 17 Change of Service
- Prime 1 Studio reserves the right to revise the contents of our Service at any time without prior notice to members and users. In this case, Prime 1 Studio is not responsible for damages or loss incurred by members or users due to the change of contents.
- If determined to be necessary, Prime 1 Studio reserves the right to discontinue our Service at any time via a formal announcement on our website.
Article 18 Revision of the Terms
- The Terms of Service will apply to all members and users who use our Service. However, if there are other terms and conditions for the use of our Service that differ from the Terms of Service, those terms and conditions will take precedence over the Terms of Service.
- Prime 1 Studio reserves the right to make any revisions it deems necessary without prior notice to any terms included herein or in any documents incorporated by reference herein. We will notify members and users of any such revisions through means we deem appropriate. (e-mail, posting on our website, etc.).
Article 19 Damages
The members shall be responsible for any damages (direct damages, indirect damages, attorneys' fees, etc.) caused by a violation of the Terms of Service or other related rules for our Service.
Article 20 Governing Law and Jurisdiction
- The Term of Service is construed in accordance with Japanese law.
- Problems or disputes that arise and are not resolved by the Terms of Service or our guidance and response will be discussed between the user and Prime 1 Studio in good faith and resolved.
- Any disputes related to the Terms of Service shall be exclusively settled by the Tokyo District Court in the first hearing.