Legal
Terms & Conditions
Effective date: Draft — not yet in effect
These terms govern your use of The Fujita Collection website and explain the basis on which the works shown here are offered for private sale. Please read them carefully.
Draft for review
This document is a working draft provided for transparency and is not yet legal advice or a final, attorney-reviewed policy. It will be finalised and dated before the site’s public launch.
1. Acceptance of these terms
By accessing or using this website you agree to these Terms & Conditions and to our Privacy Policy. If you do not agree, please do not use the site. This website is operated by Daryl and Reid Fujita (“we”, “us”, “our”).
2. The website and the collection
This is a private catalogue of Japanese studio ceramics offered for private sale by direct inquiry. It is not an online shop: there is no checkout, and no order can be placed or completed through this website. All sales are arranged individually and privately with us.
3. Listings are invitations, not offers
The descriptions, images and prices shown are an invitation to make an inquiry or offer; they are not an offer by us capable of being accepted to form a contract. No binding sale is created by submitting the inquiry form or by any automated acknowledgement. A sale becomes binding only when we and the buyer agree terms in writing and we confirm acceptance. All works are offered subject to availability and to prior sale.
4. Prices
Listed prices are the seller’s asking prices, shown in British pounds (GBP) because the underlying 2021 valuation was prepared in that currency. They are set with reference to that valuation and are subject to change without notice. Prices do not include shipping, packing, insurance, taxes, duties, customs charges, or any currency-conversion or payment-processing costs.
5. Valuation, authenticity and condition
The 2021 valuation referenced on this site was prepared by Sotheby’s for the owner from photographic evidence. It is a statement of opinion of value at that time. It is not an authentication, not a guarantee of value, and not an endorsement, and Sotheby’s is not conducting, party to, or otherwise involved in this private sale.
Works are antique and handmade and are sold “as is”, with all faults and imperfections. To the fullest extent permitted by law, we make no warranties of any kind, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, authenticity, attribution, authorship, date, or condition. Prospective buyers are responsible for satisfying themselves about each work, including by requesting further photographs, a condition report, and any independent examination before purchase.
6. Buyer responsibilities
Unless we agree otherwise in writing for a particular work, the buyer is responsible for shipping, packing, insurance, taxes, duties, customs charges and any related costs. Shipping and export/import arrangements are discussed individually for each piece. The buyer is responsible for confirming that a work may lawfully be imported into the destination country.
7. Payment, title and risk
Payment terms are agreed individually for each sale. Ownership (title) of a work passes only once we have received payment in full and in cleared funds. Risk and the specific shipping, insurance and delivery arrangements are set out in the written terms agreed for that sale.
8. Intellectual property
The content of this website — including text, page design, and the photographs of the works (which are our own original photography) — is owned by us or our licensors and is protected by law. You may view it for your own personal, non-commercial use. You may not copy, reproduce, republish, scrape, or use it for any commercial purpose without our prior written permission. “Sotheby’s” and other names referenced are the marks of their respective owners and are used only for description and attribution.
9. Acceptable use
You agree not to use this website unlawfully, to attempt to interfere with its operation or security, or to collect data from it by automated means without our permission.
10. Third-party links and services
This site may link to third-party websites or use third-party services (such as our contact-form provider). We are not responsible for the content or practices of third parties; their own terms and privacy policies apply.
11. Disclaimers and limitation of liability
This website is provided “as is” and “as available”. To the fullest extent permitted by law, we are not liable for any indirect, incidental, special, or consequential loss arising from your use of the site, and our total liability in connection with a work shall not exceed the price you paid for that work. Nothing in these terms excludes any liability that cannot lawfully be excluded.
12. Governing law
These terms are governed by the laws of the State of Hawai‘i, United States of America, without regard to its conflict-of-laws rules. The courts located in that jurisdiction shall have exclusive jurisdiction over any dispute, subject to any non-waivable rights you may have under the laws of your country of residence.
13. Changes to these terms
We may update these terms from time to time. The version shown here, with the effective date above, is the current one.
Questions about this document? Contact Daryl Fujita at Daryl.pfc@gmail.com or (808) 741-9925.
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