MUSUBI Gallery Custom Order Terms and Conditions

These Terms and Conditions (“Terms”) govern the custom order services (“Service”) provided by Musubi Lab Inc. (“Company”), and set forth the rights and obligations between the Company and the customer (“Customer”).

By using the Service, the Customer is deemed to have agreed to these Terms.

Article 1 (Nature of Custom-Made Artworks)

1. Custom-made artworks produced by the Company are one-of-a-kind pieces created through the artist’s individual philosophy, skills, and expression, in collaboration with natural conditions.

2. Due to their nature, it is not possible to create a work that is identical to any past work or any archived work displayed by MUSUBI Gallery.

3. The Customer acknowledges and agrees that such artworks are not industrial products based on reproducibility, but unique artistic expressions, and uses the Service with this understanding.

Article 2 (Consultation and Requests)

1. In placing a custom order, the Customer may consult with the Company regarding the desired impression, intended use, background, and other requests related to the artwork.

2. Such consultations and requests do not guarantee that the artist will accept an order, nor that production will be realized.

3. The Company may decline to accept a custom order due to factors including, but not limited to, the artist’s judgment, production conditions, or artistic considerations.
   

Article 3 (Quotation and Formation of Contract)

1. The Company shall present a quotation to the Customer after consultation with the artist.

2. A custom order contract shall be effective when the Customer agrees to the quotation and the Company confirms receipt of the payment designated by the Company (either 50% or 100% of the artwork price).

3. Payment conditions may vary depending on the order details, the nature of the artwork, and other circumstances.

Article 4 (Production Period and Delivery Schedule)

1. Due to the nature of custom-made artworks, the Company cannot guarantee a fixed production period or delivery date.

2. Production may involve multiple stages and repeated trial and error before completion.

3. The Customer acknowledges in advance that a considerable amount of time may be required until completion.

Article 5 (Payment and Balance)

1. Upon formation of the contract, the Customer shall pay a portion or the full amount of the artwork price.

2. If only a portion of the price is paid at the time of contract formation, the remaining balance shall be paid by the date specified by the Company after completion.

3. The artwork shall not be delivered until full payment of the balance is confirmed.

Article 6 (Cancellation by the Company and Termination)

1. The Company may cancel a custom order and terminate the contract in whole or in part in the following cases:

   1. If the Customer fails to make payment by the deadline specified by the Company

   2. If the Company determines that production or progress has become difficult due to its inability to contact the Customer for a period of fourteen (14) days.

   3. If the Customer falls under other cancellation conditions separately determined by the Company

2. In the event of cancellation under the preceding paragraph, the availability, amount, and method of any refund shall be determined by the Company on a case-by-case basis, taking into account the progress of production.
3. The Company shall not be liable for any damages arising from cancellation under this Article, except in cases of willful misconduct or gross negligence by the Company.

Article 7 (Cancellation and Refunds)

1. As a general rule, cancellations and refunds are not accepted once production of a custom-made artwork has commenced.

2. Even prior to the commencement of production, refunds may not be available, or may be partial only, if consultations or preparations with the artist have already progressed.

3. In cases where production becomes impossible due to natural disasters, force majeure, or unavoidable circumstances affecting the artist, the Company and the Customer shall consult and determine an appropriate course of action.

Article 8 (Completed Artwork)

1. While the completed artwork reflects the Customer’s prior requests, the final expression shall be determined at the artist’s discretion.

2. Returns or exchanges will not be accepted for reasons including, but not limited to, differences in expression, individual variation, or overall appearance and finish.

3. The Customer acknowledges in advance any differences in color, shape, or texture inherent to the nature of the artwork.

Article 9 (Delivery and Handover)

1. The artwork shall be shipped by the method designated by the Company after full payment of the balance is confirmed.

2. In the event of an accident during delivery, the Company shall take appropriate measures; however, due to the nature of the artwork, it may not be possible to provide a complete replacement.

Article 10 (Intellectual Property Rights)

1. All right, title, and interest, including copyright and all other intellectual property rights, in and to the custom-made artwork shall belong to the artist.

2. The Company and the artist may use photographs or videos of the artwork for portfolio presentation and promotional purposes.

Article 11 (Governing Law and Jurisdiction)

These Terms shall be governed by the laws of Japan. Any disputes arising in connection with the Service shall be subject to the exclusive jurisdiction of the court having jurisdiction over the Company’s principal place of business as the court of first instance.

Article 12 (Amendment of Terms)

The Company may amend these Terms as necessary. The amended Terms shall take effect upon publication by the method designated by the Company.