Terms of service

 

Summary

 


Welcome to yamanono onlineshop. In these Terms of Service, “we,” “us,” and “our” refer to yamanono onlineshop. We operate this store and website and provide you with a curated shopping experience (the “Service”), including all related information, content, features, tools, products, and services. The Service is powered by Shopify.


These Terms of Service, together with any policies referenced herein (collectively, the “Terms”), explain your rights and responsibilities when you use the Service.


The Terms contain important information about your legal rights, including disclaimers of warranties and limitations of liability. Please read them carefully.


By accessing, browsing, or using the Service, you agree to these Terms and our Privacy Policy (https://shop.yamanono.net/policies/privacy-policy). If you do not agree to these Terms or the Privacy Policy, please do not access or use the Service.

 

 

 

Section 1 – Access and Account

 


By agreeing to these Terms, you represent that you have reached the age of majority in your state or region of residence, and that you have given us your consent to allow any of your minor dependents to use the Service through devices you own, purchase, or manage.


When using the Service (including accessing or browsing our online store, or purchasing products/services we offer), you may be required to provide certain information, such as your email address, billing details, payment details, and shipping information. You represent and warrant that all information you provide to our store is accurate, current, and complete, and that you have all necessary rights to provide such information.


You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You may not transfer, sell, assign, or license your account to any other person.

 

 

 

Section 2 – Our Products

 


We make reasonable efforts to accurately display our products and services in the online store. However, depending on your device type, settings, and configuration, colors and product appearance displayed on your screen may differ from the actual product.


We do not guarantee that the appearance or quality of any product or service you purchase will meet your expectations or will be exactly as displayed in the online store.


Product descriptions may be changed at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and, on a case-by-case basis, to limit the quantities of products offered to any person, region, or jurisdiction.

 

 

 

Section 3 – Orders

 


Placing an order constitutes an offer to purchase. yamanono onlineshop reserves the right, at our discretion, to accept or reject any order for any reason. Your order is not confirmed until yamanono onlineshop confirms acceptance. Before we accept an order, we must receive and process your payment. Please review your order carefully before placing it. After an order is accepted, yamanono onlineshop may not be able to accommodate cancellation requests.


If we do not accept an order, modify an order, or cancel an order, we will attempt to notify you by contacting the email address, billing address, and/or phone number you provided at checkout.


Returns or exchanges of purchased items are handled only in accordance with our Refund Policy (https://shop.yamanono.net/policies/refund-policy).


You represent and warrant that products you purchase are for your personal or household use only and are not intended for commercial resale or export.

 

 

 

Section 4 – Pricing and Billing

 


Prices, discounts, and promotions are subject to change without notice. The price of a product or service will be the price in effect at the time you place your order and will be shown in your order confirmation email. Unless otherwise stated, displayed prices do not include taxes, shipping charges, fees, customs duties, or import charges.


Prices shown in our online store may differ from prices offered in physical stores or on online stores operated by third parties. We may run promotions from time to time. Such promotions may affect pricing and may be governed by separate terms. If there is any conflict between promotional terms and these Terms, the promotional terms will prevail.


You agree to provide current, complete, and accurate purchase information, payment information, and account information for all purchases made at our store. You agree to promptly update your email address, account information (including your credit card number and expiration date), and other information as needed so that we can complete transactions and contact you when necessary.


You represent and warrant that:

(i) the credit card information you provide is true, correct, and complete;

(ii) you are authorized to use the credit card for the purchase;

(iii) charges incurred by you will be approved by your card issuer; and

(iv) you will pay all charges incurred by you, including the listed price, shipping charges, fees, and any applicable taxes.

 

 

 

Section 5 – Shipping and Delivery

 


We are not responsible for delays in shipping or delivery. Delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by the carrier, customs procedures, or other circumstances beyond our control.


 

Loss or Damage During Shipping

 

 

  • Domestic shipping: We are responsible for loss or damage that occurs during shipping.

  • International shipping (insured methods): We are responsible for loss or damage that occurs during shipping.

  • International shipping (non-insured methods): Non-insured shipping methods do not include tracking services or compensation for loss or damage. If loss or damage occurs, we may not be able to provide compensation. Please choose these methods at your own discretion. However, if damage is caused by our inadequate packaging or other fault on our part, we will take responsibility.

 


Title to the products transfers to you when the products are delivered to and received by you.


 

Customs Duties and Import Taxes

 


For international shipments, customs duties and import taxes (including VAT/value-added tax) may be charged according to the laws of the destination country.


By using international shipping, you are deemed to agree that:

 

  • customs duties and import taxes are your responsibility;

  • customs duties and import taxes are not included in product prices or shipping charges;

  • if you refuse to pay customs duties/import taxes and the package is returned, you are responsible for the round-trip shipping costs; and

  • we are not responsible for the amount of customs duties/import taxes charged.

 


For more information about customs duties and import taxes, please see our Shipping Policy.


 

 

 

Section 6 – Intellectual Property Rights

 


The Service and all content included therein (including but not limited to trademarks, branding, text, displays, images, graphics, product reviews, videos, audio, and the design, selection, and arrangement thereof) are owned by yamanono onlineshop and its affiliates or licensors and are protected by United States and foreign patent, copyright, trademark, and other intellectual property laws.


These Terms permit you to use the Service for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any content on the Service without our prior written consent.


Except as expressly provided in these Terms, nothing contained herein shall be construed as granting you any license or other rights under any patent, trademark, copyright, or other intellectual property rights of yamanono onlineshop, Shopify, or any third party. Unauthorized use of the Service may violate federal and state intellectual property laws.


All rights not expressly granted herein are reserved by yamanono onlineshop.


The name “yamanono onlineshop,” our logo, product and service names, designs, and slogans are trademarks of yamanono onlineshop or its affiliates or licensors. You may not use such trademarks without our prior written permission. The name “Shopify,” its logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Service are the trademarks of their respective owners.

 

 

 

Section 7 – Optional Tools

 


We may provide you with access to third-party tools as part of the Service. We do not monitor or control these tools and have no input into their content.


You acknowledge and agree that we provide access to such tools “as is” and “as available,” without any warranties, representations, conditions, or endorsements of any kind. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.


Any use by you of optional tools offered through the site is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms on which the relevant third-party provider offers such tools.


We may also, in the future, offer new features or services through the Service (including new tools and resources). Such new features and services shall also be subject to these Terms.

 

 

 

Section 8 – Third-Party Links

 


The Service may include materials and hyperlinks to websites provided or operated by third parties (including embedded third-party features). We are not responsible for examining or evaluating the content or accuracy of such third-party materials or websites.


If you leave the Service and access third-party materials or websites, you do so at your own risk.


We shall not be liable for any harm or damages related to your access to or use of third-party websites, or the purchase or use of goods, services, resources, or content available on or through such third-party websites.


Please review the third party’s policies and practices carefully and ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third party.

 

 

 

Section 9 – Relationship with Shopify

 


[Notice to Merchant: This section accurately describes the relationship between Shopify and your store and may not be deleted or modified.]


yamanono onlineshop is powered by Shopify, which enables us to provide the Service to you. However, any sale and purchase transactions completed through our store are conducted directly between you and yamanono onlineshop.


By using the Service, you acknowledge and agree that Shopify is not responsible for any aspect of any sales transaction between you and yamanono onlineshop, including any injury, damage, or loss arising from products or services purchased from our store.


You expressly release Shopify and its affiliates from any and all claims, damages, and liabilities arising out of or related to your purchases and transactions with yamanono onlineshop.

 

 

 

Section 10 – Privacy Policy

 


All personal information we collect through the Service is subject to our Privacy Policy (https://shop.yamanono.net/policies/privacy-policy).


Certain personal information may also be subject to Shopify’s Privacy Policy (available through Shopify’s official privacy page). By using the Service, you acknowledge that you have read these privacy policies.


Because the Service is hosted by Shopify, Shopify collects and processes personal information relating to your access to and use of the Service in order to provide and improve the Service. Information you submit through the Service may be shared with and transferred to Shopify and third parties that may be located outside your country of residence for the purpose of providing the Service to you.


For more information about how we, Shopify, and our partners use your personal information, please refer to our Privacy Policy (https://shop.yamanono.net/policies/privacy-policy).

 

 

 

Section 11 – Feedback

 


If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback for any purpose, including commercial purposes.


For example, we may use Feedback to operate, provide, evaluate, enhance, improve, and promote the Service, and to fulfill our obligations and exercise our rights under these Terms.


You represent and warrant that:

(i) you own or otherwise control all rights in and to the Feedback;

(ii) you have disclosed any compensation or incentives received in connection with submitting the Feedback; and

(iii) the Feedback complies with these Terms.


We are under no obligation to:

(1) maintain any Feedback in confidence;

(2) pay compensation for any Feedback; or

(3) respond to any Feedback.


We may, but are not obligated to, monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, libelous, pornographic, obscene, otherwise objectionable, or in violation of any party’s intellectual property rights or these Terms.


You agree that your Feedback will not violate any third-party rights, including copyright, trademark, privacy, publicity, or other personal or proprietary rights. You further agree that your Feedback will not contain defamatory, unlawful, abusive, obscene, or harmful material, including any computer virus or malware that could affect the operation of the Service.


You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you submit and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.

 

 

 

Section 12 – Errors, Inaccuracies, and Omissions

 


Occasionally, there may be information on the Service that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability.


We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate, at any time without prior notice (including after you have submitted your order).

 

 

 

Section 13 – Prohibited Uses

 


You may access and use the Service only for lawful purposes.


You may not use the Service, directly or indirectly:


(a) for any unlawful or malicious purpose;

(b) to violate any international, federal, provincial, state, or local law or regulation;

(c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

(d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against our employees or any other person;

(e) to submit false or misleading information;

(f) to upload, download, use, or reuse material that does not comply with these Terms;

(g) to transmit or procure the sending of advertising or promotional material, including “junk mail,” “chain letters,” “spam,” or similar solicitations;

(h) to impersonate or attempt to impersonate any person or entity; or

(i) to restrict or inhibit anyone’s use or enjoyment of the Service, or to engage in conduct that we determine may harm yamanono onlineshop, Shopify, or users of the Service, or expose them to liability.


In addition, you agree not to:


(a) upload or transmit viruses or any malicious code that may affect the functionality or operation of the Service;

(b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without authorization;

(c) collect or track the personal information of others;

(d) engage in spamming, phishing, pharming, pretexting, crawling, scraping, or similar activities; or

(e) interfere with or circumvent the security features of the Service or any related website.


If we determine that you have violated any provision of these Terms, we may suspend, disable, or terminate your account without prior notice.

 

 

 

Section 14 – Termination

 


We may terminate this agreement or your access to the Service (or any part thereof) at any time, without notice, at our sole discretion. You remain responsible for all amounts due up to and including the date of termination.


The following provisions shall survive termination: Intellectual Property Rights, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification (if applicable), Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

 

 

 

Section 15 – Disclaimer of Warranties

 


The information provided on or through the Service is for general informational purposes only. We make no representations or warranties regarding the accuracy, completeness, or usefulness of such information. Any reliance you place on such information is strictly at your own risk.


Except as expressly stated by yamanono onlineshop, the Service and all products provided through the Service are provided “as is” and “as available,” without any representations, warranties, or conditions of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement.


We do not warrant that your use of the Service will be uninterrupted, timely, secure, or error-free.


Some jurisdictions do not allow limitations on implied warranties, so certain disclaimers may not apply to you.

 

 

 

Section 16 – Limitation of Liability

 


To the fullest extent permitted by law, in no event shall yamanono onlineshop, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, licensors, or Shopify and its affiliates be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from:

 

  • your use of the Service;

  • your inability to use the Service;

  • any product obtained through the Service; or

  • any errors or omissions in any content, or any loss or damage incurred as a result of the use of the Service or any content posted, transmitted, or otherwise made available via the Service,

 


even if advised of their possibility.


Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

 

 

 

Section 17 – Indemnification

 


You agree to indemnify, defend, and hold harmless yamanono onlineshop, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any and all losses, damages, liabilities, and claims (including reasonable attorneys’ fees) arising out of or relating to:


(1) your breach of these Terms or any documents incorporated herein;

(2) your violation of any law or the rights of a third party; or

(3) your access to or use of the Service.


We will notify you of any claim subject to indemnification. Failure to provide prompt notice will not relieve you of your indemnification obligations unless you are materially prejudiced by such delay.


We reserve the right to control the defense and settlement of any such claim at your expense, including the selection of counsel. However, we will not settle any claim that imposes non-monetary obligations on you without your consent (which shall not be unreasonably withheld). You agree to cooperate in the defense of any such claim, including providing relevant documentation.


This provision may be limited or unenforceable under applicable consumer protection laws.

 

 

 

Section 18 – Severability

 


If any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms.


Such determination shall not affect the validity and enforceability of any remaining provisions.

 

 

 

Section 19 – Waiver and Entire Agreement

 


Failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.


These Terms and any policies or operating rules posted by us on the site or in respect to the Service constitute the entire agreement and understanding between you and us regarding your use of the Service, and supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written (including prior versions of the Terms).


Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

 

 

 

Section 20 – Assignment

 


You may not assign, transfer, delegate, or otherwise dispose of this agreement or any of your rights or obligations under these Terms without our prior written consent. Any attempted assignment in violation of this section shall be null and void.


We may assign, transfer, or delegate these Terms and our rights and obligations hereunder without notice to or consent from you.

 

 

 

Section 21 – Governing Law and Jurisdiction

 


These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Japan.


Any dispute arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the Kyoto District Court as the court of first instance.

 

 

 

Section 22 – Headings

 


The headings used in this agreement are included for convenience only and shall not affect the interpretation or application of these Terms.

 

 

 

Section 23 – Changes to the Terms of Service

 


You can review the most current version of the Terms of Service at any time on this page.


We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes.


We will notify you of material changes as required by applicable law. Changes will take effect on the date specified in the notice. Your continued use of or access to the Service after the posting of any changes constitutes acceptance of those changes.

 

 

 

Section 24 – Contact Information

 


Questions about the Terms of Service should be sent to:


Harada Shoten (yamanono onlineshop)

213-1 Morimura Higashi

Kumiyama-cho, Kuse-gun

Kyoto 613-0024

Japan


Phone: 050-3623-1765

Email: yamanono.net@gmail.com