Terms of Service

Last Updated: September 30, 2024

These terms and conditions (hereinafter referred to as the "Terms") establish the conditions for using the crowdfunding-style plush toy sales service "Nuikura" (hereinafter referred to as the "Service") provided by ampersand Inc. (hereinafter referred to as the "Company"). Users (hereinafter referred to as "Users") shall use the Service after agreeing to these Terms. These Terms apply together with the Privacy Policy of this website.

Please read these Terms carefully before using the Service. If you do not agree to the contents of these Terms, you cannot use this website.

Article 1 (Purpose)

The purpose of these Terms is to establish the conditions for using the Service and define the rights and obligations between the Company and Users. Users shall comply with these Terms when using the Service. A contract based on the Service (hereinafter referred to as the "Contract") is established between the Company and the User when the User agrees to these Terms.

Article 2 (Definitions)

The following terms used in these Terms shall have the meanings defined in each of the following items:

1.Contract

Refers to the terms of service for the Service established between the Company and Users as contractual conditions of these Terms.

2.User

Refers to customers who use the Service and purchase products.

3.Product

Refers to plush toys and other related products that Users purchase through the Service.

4.Campaign

Refers to projects where products are manufactured and provided to Users when a certain target quantity is achieved during the sales period set within the Service.

5.Payment Methods

Refers to payment means such as credit cards, convenience store payment, Google Pay, Apple Pay, PayPal, Shop Pay, etc., used by Users when purchasing products.

Article 3 (Service Content)

1.Service Overview

The Service is a plush toy sales service using a crowdfunding format. Through collaboration with popular creators primarily active in Japan, high-quality Nuikura-exclusive plush toys and other products are manufactured and delivered only when the target quantity is achieved.

2.Sales Period

The sales period on the Service is limited to approximately 30 days. Manufacturing begins only when the target quantity is achieved after the sales period ends.

3.Manufacturing and Delivery

Manufacturing takes place in China, and products are shipped from China to the following regions:

Supported delivery regions: Japan, People's Republic of China, Republic of Korea, Taiwan, Philippines, Indonesia, United States of America, France, Canada, United Kingdom, Germany, Spain, Austria, Belgium, Portugal, Norway, Bulgaria, Australia

However, the Company may expand the sales regions. In such cases, the Company will announce new sales regions on the Company website. If Users continue to use the Service after such announcement, they are deemed to have agreed to such changes.

Delivery timing varies depending on the ordered product. Typically, if the target quantity is achieved, product shipping begins within 2-3 months after the campaign ends. While delivery is expected within 7-15 business days after shipping for most regions, it may take 10-30 business days for some regions.

The Company is not responsible for delays caused by factors beyond its reasonable control, such as weather, transportation conditions, or legal amendments. Even in case of unexpected delays, the Company will notify Users and strive to update delivery status in a timely manner.

Article 4 (Account Registration)

1.User Registration

Purchase is possible without account registration to use the Service. However, registering an account makes it easier to check order history and use certain services. Those who wish to register (hereinafter referred to as "Users") can complete user registration following the procedures set by the Company after agreeing to these Terms. Note that only the individual themselves can complete user registration; registration by proxy is not permitted.

2.Minor Registration

Minors (under 18 years old) must obtain consent from their legal representative (parent or guardian) before applying for user registration to use the Service. The Company will not approve user registration for minors who have not obtained consent from their legal representative.

3.Right to Refuse Registration

The Company may refuse user registration if a User falls under or is deemed by the Company to potentially fall under any of the following categories. The Company is not obligated to disclose reasons for refusing registration:

• When provided registration information contains false information, errors, or omissions
• When a minor has not obtained consent from their legal representative
• When belonging to, having belonged to, or being involved with antisocial forces
• When the Company determines the person has previously violated contracts with the Company or is related to such individuals
• When the person has previously had their registration deleted or service suspended
• When the Company otherwise deems user registration inappropriate

4.Changes to Registration Information

Users must promptly notify the Company and follow the Company's procedures to update registration information when changes occur to information provided at registration. The Company is not responsible for issues arising from failure to update such information.

5.Account Deletion

Users who wish to delete their Service account must complete the designated account deletion procedure themselves. After completing the deletion procedure, the User's account will be deleted and re-registration will be required.

Article 5 (Payment Methods)

Users shall pay for products using payment methods specified by the Company (credit card, convenience store payment, Google Pay, Apple Pay, PayPal, Shop Pay, etc.). Fees and other payment-related costs shall be borne by the User.

The Company will proceed with product shipping procedures after confirming User payment. If products are returned to the Company due to User refusal or extended absence after shipping, Users agree to bear costs associated with redelivery.

Article 6 (Returns and Cancellation Policy)

1.No Cancellations

Users cannot request cancellation, return, or exchange of orders for any reason after order completion. This is due to the campaign format nature where products are made-to-order and the manufacturing process begins after order completion.

2.Defective Products

In case of obvious product defects, malfunctions, or quantity shortages, Users can initiate return or exchange procedures by contacting the Company within 7 days of product arrival. The Company will bear shipping costs for returns and exchanges. After returning defective products, the Company will promptly process exchanges for non-defective products or refunds.

However, Users cannot return products in the following cases:

• 8 or more days have passed since product arrival
• Products show signs of use
• When specifically marked as non-returnable within the Service

3.Refunds for Unmet Targets

If the target quantity is not reached during the campaign period, products will not be manufactured. In this case, the Company will process refunds based on the credit card or other payment method used by the User after the campaign ends. Refund procedures will be carried out promptly after campaign completion.

Article 7 (Intellectual Property Rights)

1.Intellectual Property Ownership

All content related to the Service (product designs, images, text, logos, programs, etc.) belongs to the Company or creators. Users are prohibited from reproducing, reprinting, selling, publishing, modifying, or otherwise using such content without prior permission from the Company or rights holders.

2.Handling Violations

If Users violate this article, the Company has the right to take appropriate measures, including legal action. The Company may also claim damages as necessary.

Article 8 (Disclaimers)

1.Force Majeure Delays or Suspensions

The Company is not responsible for Service delays or suspensions caused by force majeure beyond its reasonable control, such as natural disasters, war, terrorism, legal amendments, or spread of infectious diseases. However, the Company will strive to notify Users of delay status within reasonable bounds.

2.User Communication Environment Disclaimer

The Company assumes no responsibility for Service usage issues or damages attributable to Users' communication environments or device settings and conditions.

Article 9 (Terms Modifications)

1.Right to Modify Terms

The Company may modify these Terms as necessary. When Terms are modified, the modified Terms will be published on the Company website, and Users are deemed to have agreed to the modified Terms if they use the Service after publication.

Article 10 (Governing Law and Jurisdiction)

1.Governing Law

These Terms shall be governed by and interpreted under Japanese law. Japanese law shall apply as governing law for overseas Users as well, though adjustments may be necessary according to applicable laws.

2.Jurisdiction

The Tokyo District Court shall have exclusive jurisdiction over disputes related to these Terms. For overseas Users as well, disputes shall be resolved in Japanese courts. The Japanese version of these Terms shall take precedence, and translations shall be used for reference only.