Terms of service

◆OVERVIEW
This website is operated by KOMACHI KYOTO( “we”, “us” and “our” ).
By using this website(“Site”), you acknowledge that you have read, understood, and agreed to the following Terms of Service(“Terms”, “Terms of Use”). If you do not agree to these Terms, please do not use the Site.
We reserve the right to change these Terms at any time without notice. Please check these Terms periodically. By agreeing to these Terms, you represent that you are at least 18 years of age (the age of majority in your state or province of residence) or, if you are a minor, that you are viewing the Site under the supervision of a dependent and that you agree that you have the authority to enter into a binding legal agreement.
We grant you a personal, limited, non-transferable, and non-exclusive license to access and use the Site through your browser. We reserve the right, in our sole discretion, to revise the products and services available on the Site and to change, suspend, or discontinue any aspect of the Site at any time without notice to you and without liability to you or any third party thereby. We may also impose rules and restrictions on the use of this Site or restrict access to all or part of this Site without notice or penalty. Your use of this Site constitutes your agreement to such changes.
By accessing or using any portion of the Site, you accept, without limitation or qualification, these Terms. If you do not agree to all of these Terms, you may not use any portion of this site.
This website is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Headings used in these Terms are included for convenience only and do not limit or otherwise affect these Terms.

SECTION1 - USE OF THE WEBSITE
You may not use the Site for any illegal, unauthorized or unauthorized purpose. You also may not violate or misuse the laws of your jurisdiction (including, without limitation, copyright laws) in the use of the Service. No mechanical or other systematic process for harvesting information from the Site for any purpose (including, but not limited to, commercial purposes) is permitted. Any other use, including but not limited to reproduction, distribution, display or transmission of the content of this site is strictly prohibited. You may not modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer, or sell any information obtained through the use of this site. You also may not transmit any worms, viruses, or any code of a destructive nature. Any violation or breach of any of these Terms will result in immediate termination of your service.

SECTION2 - GENERAL CONDITIONS
We reserve the right to change or discontinue any information, features, services (or any part or content thereof) and functions of the Site at any time without prior notice.
We reserve the right to refuse service to anyone at any time for any reason. We also reserve the right to deny you access to all or any part of the Site without prior notice if you engage in any conduct or activity that we determine, in our sole discretion, violates these Terms, our rights, or the rights of any third party.
You understand that your Content (not including credit card information) may be transmitted unencrypted, over various networks, and with modifications to conform and adapt to the technical requirements of the networks and devices to which you connect. Credit card information is always encrypted during transmission over the network.
You agree that access to and use of the Site does not grant you any right to use the name, likeness, image, signature, biographical or other information, or any other publicity or intellectual property rights, of any person appearing on the Site.

SECTION3 - ACCURACY, COMPLETENESS AND TIMELINESS OF ALL INFORMATION(including products)
While we strive to ensure that the information on the Site is complete and reliable, we are not responsible if the information available on the Site is not accurate, complete, or current. Some information may contain pricing errors, typographical errors, or other inaccuracies or misstatements, which we may correct without liability.
The materials on the Site are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on materials on the Site is at your own risk.
The site may contain certain historical information. Historical information is not necessarily up-to-date and is provided for informational purposes only. We reserve the right to change the content of the Site at any time, but we are under no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to the Site.

SECTION4 - CHANGES IN SERVICES AND PRICE
We reserve the right to change the prices of the products listed on the Site at any time without notice.
We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without notice.
We shall not be liable to you or any third party for any price changes on the Site or for any modification, suspension or discontinuance of the Service.

SECTION5 - PRODUCTS OR SERVICES
Product information on the Site is subject to change without notice.
We do not guarantee the availability of all products described on the Site.
We reserve the right to limit the quantities available for purchase and to change, suspend, or terminate any event or promotion at any time without notice (including after ordering or acceptance). We reserve the right to discontinue products or services at any time.
We reserve the right, but have no obligation, to restrict the sale of products or services to any person, geographic area, or jurisdiction. We may exercise this right on a case-by-case basis.
While we attempt to display the colors and images of our products as accurately as possible, we cannot guarantee that the colors displayed by your computer monitor will be accurate.
We do not warrant that the quality of our products, services, information or other materials purchased or obtained by you will meet your expectations.

SECTION6 - REGISTER THE MEMBERSHIP
When you submit personal information through us when you register as a member or place an order, you are subject to our Privacy Policy.
We may assign you a password and account identification to enable you to access and use certain portions of the Site. Each time you use your password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with these Terms, and we have no obligation to investigate the authorization or source of any such access or use of the Site. You agree to indemnify and hold Company harmless from and against all communications and transmissions, and all liabilities arising out of any such access to and use of the Site by any person using the password and ID originally assigned to you, whether or not such access to and use of the Site was actually authorized by you. You shall be responsible for all communications and transmissions, including, but not limited to, all liabilities (including, but not limited to, monetary liabilities) arising out of your access to or use of the Site by any person using the password and ID originally assigned to you, whether or not actually authorized by you. You are responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify us of any unauthorized use of your password or identification, or any other breach or threatened breach of the security of the Site. You may receive emails regarding your account or promotions of special offers, including offers by third parties.

SECTION7 - BILLING, PAYMENT AND ACCOUNT INFORMATION
When you place an order, you are required to provide, and agree to provide, current and accurate contact and payment information, including name, e-mail address, shipping address, billing address, credit or debit card number, and telephone number. Please keep this information current at all times. We may contact you when necessary. We will store your payment information to facilitate future shipments and billing.
We also reserve the right to refuse any order from you. We may, in our sole discretion, limit or cancel the quantity purchased per person, per household, or per order. If we change or cancel an order, we may attempt to notify you by contacting you at the email and/or billing address/phone number you provided when placing the order. We reserve the right, in our sole discretion, to limit or prohibit any order that we believe to be placed by a dealer, reseller, or distributor.
If normal delivery is not possible due to a worldwide pandemic or natural disaster, we may cancel, suspend, or charge you additional fees. In such cases, we may be required to upgrade your shipping method to a higher class. However, you will not be charged if you make a request to decline the shipping upgrade prior to being charged. You are responsible for any fees charged by the issuing bank or credit card company. If for any reason a payment is returned to us, we may re-charge your account and request payment by another method, including mailing a statement.
Our shipping service does not include forwarding of mail to an updated address after an order has been placed. Forwarding fees incurred are non-refundable. If an item is returned to us without being forwarded, it can be shipped to the updated address by paying the shipping charges again.
Amounts paid for merchandise and shipping services are final and non-refundable.

SECTION8 - SHIPPING
Ordered items will be shipped to the address registered by the customer.
If an item is returned to us due to an incorrect or incomplete shipping address, the item can be shipped again by paying the shipping fee, unless the item was returned due to our own mistake.
In the unlikely event that the box or product is defective, please be sure to take pictures as proof and contact us promptly within 3 days of receipt of the product.
If the box is severely damaged, the product is exposed from the box and not ready to eat, or the product's expiration date has expired, the product will be subject to replacement.
Please attach clearly identifiable photographic evidence so that we can quickly resolve the issue with you.
In the case of a damaged box, please attach a photo of the entire box and a photo that clearly shows the damaged portion. If the expiration date of the product has expired, please attach a photo of the entire product and a photo of the part where the expiration date or expiration date is written on the product.
Limited time or limited quantity items may be difficult to obtain, and if we are unable to replace the item with the same item, we will replace it with an equivalent item and no refunds will be considered.
We will, at our sole discretion, determine whether to exchange or refund. In the case of a replacement, only the defective product will be sent for replacement. In the case of a refund, only the defective item will be refunded. Minor damage or breakage during shipping will not be replaced or refunded.
All boxes shipped with the trackable shipping option are automatically insured.
Insurance coverage applies to theft, damage to boxes caused by natural disasters, and loss of goods or damage to boxes by the courier company.
In the case of theft, the stolen box may be replaced only if proof of loss or theft of the box is provided by the shipping company. Damage to a box due to natural disaster refers to natural disasters such as fire, flood, hurricane, etc.
※Boxes that are undeliverable due to an error in the user's shipping address or boxes that are intentionally refused to be received will not be eligible for replacement.

SECTION9 - TAXES
Your total price will include the price of the product plus any applicable sales tax; such state and local sales tax is based on the shipping address and the sales tax rate in effect at the time you purchase the product. We will charge tax only in states and other territories where the goods sold over the internet are taxable.We are not responsible for import tax, customs tax, or other taxes.

SECTION10 - ALLERGEN INFORMATION
The products we sell do not list allergen information on the Site. If you would like to know allergy information about a product in advance, please contact us.
We will do our best to provide accurate allergy information for the products you inquire about, but the information may contain errors or inaccuracies. We are not responsible for any problems resulting from this.

SECTION11 - SUBSCRIPTION
By purchasing a subscription, you acknowledge that your subscription has initial and recurring payment capabilities and you accept responsibility for all recurring charges prior to cancellation. Your subscription will be automatically extended for successive periods at the then-current subscription rate. All subscriptions are renewed monthly on the date you sign up and on a date determined by us after the second renewal. Changes to subscriptions or other changes must be made at least one week prior to the next scheduled renewal date by contacting us via the form on this website or by making the change online. Account changes made after the renewal date will not be reflected until the next renewal date.
We reserve the right to change subscription plans and pricing at any time and without prior notice. We also reserve the right to cancel your membership at any time. Membership is void where prohibited by law.
In the event of cancellation, you may continue to use your subscription until the end of the then current subscription period.

SECTION12 - NOTICE
We may deliver notice to you by means of e-mail, a general notice on this Site, or by other reliable method.

SECTION13 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. 
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. 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 and you should ensure that you are familiar with and approve of the Terms on which tools are provided by the relevant third-party provider(s). 
We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.

SECTION14 - THIRD-PARTY LINKS
Certain content, products and services available through our Services may include third party materials.
Third party links on the Site may direct you to third party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy thereof, and we do not endorse and are not responsible or liable in any way for any third party materials or websites or any other materials, products, or services of third parties. Your access to any website operated by a third party is at your own risk.
we are not responsible for any damages or losses associated with the purchase or use of any goods, services, resources, content, or other transactions made in connection with third party websites. Please carefully review the policies and terms of use of any third party and ensure that you understand and agree to them prior to conducting any transaction. Any complaints, claims, concerns, or questions regarding third party products should be directed to such third party.

SECTION15 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (e.g., campaign entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We shall have no obligation to maintain the confidentiality of comments, to pay for comments, or to respond to comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. 
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION16 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after your order has been placed). 
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION17 - DISCOUNT CODES
Except as may be explicitly permitted through this site, you agree not to sell, license, rent, lease, modify, distribute, copy, reproduce, publicly display, publish, transfer, edit, catalogue, aggregate, or create derivative works of any discount codes received on or from the Site.
We reserves the right to limit discount codes to one per customer in its sole discretion.

SECTION18 - CANCELLATION
Subscriptions and memberships may be cancelled at any time without charge. However, to cancel a subscription, you must contact us at least one week before our next scheduled renewal date via the form on the site or cancel your subscription online to avoid billing.
Membership cancellations are effective unless and until terminated by either you or us. You may terminate at any time by notifying us that you no longer wish to use our services.
We may make recurring billings (e.g., monthly billings) without your prior consent until we receive notice from you at least one week before our next scheduled renewal date that you wish to cancel. If you cancel your subscription, you will not be entitled to a pro-rated refund of any portion of the subscription fee paid for the then current subscription period.
We reserve the right to change subscription plans and prices at any time without prior notice. We also reserve the right to cancel your membership at any time. Membership is void where prohibited by law.
The obligations and liabilities of the parties incurred prior to the termination date of the Subscription and Membership shall survive the termination of this Agreement.
If, in our sole discretion, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we may terminate these Terms at any time without notice and you shall remain liable for all amounts owed up to and including the date of termination. You shall be liable for all amounts owed up to and including the date of termination.

SECTION19 - COPYRIGHT
The technology underlying, and the entire content included in, the Site, including but not limited to text, graphics and code is copyrighted as a collective work under Japan and other copyright laws, and are the property of KOMACHI KYOTO, and are protected by copyright and other intellectual property or proprietary rights. The collective work includes works that are licensed to KOMACHI KYOTO. All rights reserved.
We do not investigate to determine if such works are accurate nor can we provide assurance that all such works are free of typographical errors.

SECTION20 - USER GENERATED CONTENT
By sharing, submitting and uploading any of your data including but not limited to photographs, images, video, music, art, or comments, you grant us a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, prepare derivative works of, display and perform your user data in any legal manner for our benefit. You acknowledge and agree that you are solely responsible for all the user data that you make available through us. Accordingly, you represent and warrant that you have all rights, licenses, consents, and releases necessary to grant us the required rights to disseminate any user data, neither your data nor your posting, uploading, publication, submission or transmittal of this data or your uploaded data (or any portion thereof) on, through or by the means of we will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy or result in the violation of any applicable law or regulation.

SECTION21 - SEVERABILITY
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION22 - WARRANTY DISCLAIMER
Except as otherwise specifically provided, the Site and the products offered on the Site are provided on as “as is” and “as available” basis without warranties or any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. We do not represent or warrant that the functions contained on the site will be uninterrupted or error-free, that the defects will be corrected, or that the site or the server that makes the site available are free or viruses or other harmful components. We do not make any warrantees or representations regarding the use of the materials on the Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Applicable Law may not allow limitations or exclusions on warranties, so the above limitations may not apply to you.

SECTION23 - LIMITATION OF LIABILITY
In no event shall we be liable to you for any amount greater than the amount paid by you to us. In no event shall we be liable for any indirect, incidental, special, or consequential damages arising out of the use or inability to use this site or the materials provided through this Site, even if we have been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge. We have no liability for injury or damage caused by products within the box. Such liability is the sole responsibility of the product brand or manufacturer. These Terms are applicable to you upon your accessing the Site. These Terms, or any part of them, may be modified or terminated by us without notice at any time, for any reason.
The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification, and Miscellaneous, shall in all events survive any termination of these Terms and your use of the Site.

SECTION24 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless KOMACHI KYOTO and affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION25 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION26 - PRIVACY
Registration data and certain other information about you are subject to our Privacy Policy. You understand that the technical processing and transmission of this Site may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

SECTION27 - MISCELLANEOUS
These Terms constitute the entire agreement between you and KOMACHI KYOTO with regard to your use of the Site.
The failure of 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 this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). 
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
We may assign its rights and duties under this Agreement to any party at any time without notice to you.

SECTION28 - GOVERNING LAW
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.

SECTION29 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms at any time at 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. Your continued use of or access to our website or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.

SECTION30 - CONTACT INFORMATION
If you have any questions regarding these Terms, please send an email to komachikyoto.info@gmail.com .