Terms of Service

Article 1Application

These Terms apply to all relations between us and the customer regarding use of the service. Conditions set out on individual pages (the Legal Notice, the Returns & Refund Policy, the Privacy Policy, and the like) form part of these Terms.
Besides this site, we also run insect.herculeslabo.com, where we sell live Hercules beetles.
It is a separate part of the same company, so the terms for using that site are set out in its own terms of service.

Article 2Nature of the Goods

1. Artworks (specimen art) and bare specimens (specimens with no art applied) sold on this site are all one-of-a-kind.
   No two specimens are alike, and we do not remake a work once it is completed.
   Owing to the materials, natural variation between individual specimens, and handmade production, color and texture may differ from the photographs.
2. Every artwork (specimen art) carries a Certificate of Authenticity (COA) and a unique serial.
   A bare specimen carries a unique serial only; no Certificate of Authenticity is issued for it.
3. Specimens vary in size, color and form, as natural objects do.
4. The line names we use (POP / Four Seasons / Masterpiece, etc.) and series names are our own identifiers.

Article 3Claims & Wording

1. We describe the Hercules beetle (Dynastes hercules) as “one of the largest insects on earth”, and present our one-of-a-kind art as painted upon its back.
   This is a statement of fact about the size of the species.
2. We do not claim any individual specimen’s measured size (mm) to be a “world record” or the like; we make no claim beyond the scope of verified records.
3. Sizes are stated from actual measurements, with the measurement basis (start and end points) disclosed.

Article 4Formation of Contract

1. Credit card: payment is taken when the order is confirmed, and a contract of sale is formed upon our order confirmation.
2. Bank transfer (where selected at checkout): a contract of sale is formed when we confirm your payment.
3. PayPal: payment is taken when the order is confirmed, and a contract of sale is formed upon our order confirmation.
4. Payment in person: a contract of sale is formed when we hand the work over at the gallery.
5. Orders settled by invoice or quotation: for works marked “Inquire”, for orders shipped outside Japan where the subtotal of the works is 300,000 yen or more, and for any order for which we have issued a quotation, we send a quotation or invoice that includes shipping.
   Once you have confirmed it, a contract of sale is formed when we confirm payment against the invoice or quotation we issue.
   Orders shipped outside Japan where the subtotal of the works is under 300,000 yen can be completed directly at checkout.
   In that case the contract is formed as set out in this Article for the payment method you choose.
6. Because stock is one-of-a-kind and limited, where several orders are placed for the same work, we prioritize the customer whose contract we confirm first.
   Regardless of the sequence of payment, an item may sell out owing to timing differences in system updates.
7. We may decline or cancel orders that are fraudulent or improper, on the basis of credit or fraud analysis, or for other reasonable grounds.
8. Purchases by minors require the consent of a parent or guardian.
   If you are a minor, please obtain that consent before ordering.
   Where we find that consent was not given, we may decline or cancel the order.

Article 5Price & Payment

1. Prices are shown on each product page (JPY, tax included, on Japanese pages).
   “Inquire” items are individually quoted.
2. Payment methods and timing are as set out in the Legal Notice.
   Bank-transfer fees are borne by the customer.
   PayPal fees are borne by us; nothing is added to your total.
3. Import VAT, customs duties and clearance fees on international orders are borne by you as the importer (DDU) (Article 7).

Article 6Returns & Cancellation

Returns, cancellations and refunds are handled as set out in the Returns & Refund Policy. One-of-a-kind artworks and bare specimens are not returnable or cancellable for customer convenience.
If you live in a European Union member state or in the United Kingdom, however, you have a 14-day right to cancel, running from the day after you receive the work. See Section 4 of the Returns & Refund Policy for the details.

Article 7Shipping, Cross-Border & Duties

1. Domestic delivery is by Japan Post (Yu-Pack) or similar.
   Where the subtotal of the works reaches the threshold we set, the work is sent within Japan by specialist fine-art transport with insurance.
   For delivery outside Japan, where the subtotal of the works is under that threshold the shipping charge is collected at checkout.
   Where the subtotal reaches the threshold, we provide an individual quotation that includes shipping, and the order proceeds only after you confirm it.
   The threshold and the domestic and international shipping charges are as set out in the Legal Notice.
2. We ship internationally only to the countries and regions listed under “Regions we deliver to” in the Legal Notice.
   Countries and regions not on that list cannot be selected as a delivery destination at checkout.
   Import VAT, customs duties and clearance fees are borne by you as the importer (DDU); we present an estimated landed cost before shipping and ship only after you confirm.
   Refusing delivery does not waive these charges.
3. Depending on the materials, export and import may be subject to the laws of each country (CITES, Japan’s Act on Conservation of Endangered Species, national animal by-product (ABP) rules, and the like).
   We sell and ship only within what is lawful for the works we handle.
   Our principal material, the Hercules beetle Dynastes hercules, is not listed in the CITES appendices (its congener D. satanas is listed in Appendix II, so we evidence the species by scientific name and provenance documents).
   We assume our principal material is this species alone, but because we also use gold leaf, lacquer and other decorative materials, whether export or import is permitted may vary with the destination country’s rules.
4. Where clearance is impossible (distinguished from your refusal of delivery): we endeavour to confirm importability into the destination country before shipping, but a parcel may still fail to clear customs (and be returned or destroyed) because import is not permitted under that country’s rules.
   The costs in that case (return, disposal, etc.) and the treatment of any refund are as set out in the Returns & Refund Policy.
   This is treated as an event separate from “refusal after your confirmation” under Article 7(2).

Article 8Intellectual Property

Copyright, trademark and other intellectual property rights in the text, images, designs, logos, photographs of works, COA formats and all other content on this site belong to us or to the rightful owner. Reproduction, republication and secondary use without permission are prohibited. Purchasing a work transfers ownership of that physical object only, and does not transfer copyright or any other intellectual property right.

Article 9Prohibited Conduct

You must not violate law, infringe the rights of us or third parties, impersonate others, gain unauthorized access, fraudulently acquire works for the purpose of resale, harm our reputation, or engage in any other conduct we judge to be improper.

Article 10Counterfeit Sites & Authenticity

Our official stores are herculeslabo.com (specimen art) and insect.herculeslabo.com (live beetles) only. We accept no responsibility for counterfeit sites, unofficial resale, or forged COAs by third parties. Authenticity is confirmed by the COA and by our records.

Article 11Disclaimer

1. To the extent permitted by law, we are not liable for damages incurred by the customer in relation to the service — except in cases of our willful misconduct or gross negligence, and except where our liability cannot be excluded under the Consumer Contract Act or other mandatory law.
2. We are not liable for delay in or failure of performance due to causes beyond our reasonable control, such as natural disaster, transport accidents or communication failures.

Article 12Governing Law & Jurisdiction

1. These Terms and the service are governed by Japanese law.
2. In the event of a dispute between us and the customer regarding the service, the Tokyo District Court, Tachikawa Branch shall be the exclusive agreed court of first instance — subject to the mandatory rules and forums available to consumers resident outside Japan.
3. The two paragraphs above do not deprive a consumer habitually resident outside Japan of the protection, or of the forums, afforded by the mandatory consumer-protection rules of their country of residence. The 14-day right to cancel for customers in the EU and the UK is set out in our Returns & Refund Policy.

Article 13Changes to These Terms

We may amend these Terms as necessary. Material changes will be announced on this site. If you use the service after a change, you are deemed to have agreed to the amended Terms.

Effective date: 22 July 2026 / Last revised: 23 August 2026