Terms of service

OVERVIEW

This website is operated by tsubaeru LLC. Throughout the site, the terms "we", "us" and "our" refer to tsubaeru LLC. tsubaeru LLC offers this website, including all terms, conditions, policies and notices stated here. This site includes all information, tools and services provided to you on this website. 
By using this site, including accessing this site and making purchases on this site, you agree to be bound by the following terms and conditions, additional terms and conditions and policies referenced and/or linked to in the text, and all other terms, conditions, policies, and notices contained in this website (collectively, the "Terms and Service").
 These Terms and Service apply to all users of the Site (hereinafter referred to as "you", including but not limited to visitors, vendors, customers, merchants, and content contributors). 
Please read these Terms and Service carefully before accessing or using the website. If you do not agree to all of the terms and conditions of this Agreement, you may not access the website or use any portion of the Service. New features and tools added to the Site are also subject to these Terms.
You may review the most current version of these Terms of Service at any time on this page. The Company may update and/or modify these Terms of Use at any time by posting such updates and/or modifications on the Company's website. It is your responsibility to periodically check this page for changes. Your continued use of or access to this site after changes are posted will constitute your agreement to those changes. 
Our store is hosted by Shopify Inc. which provides us with an online e-commerce platform for selling products and services.

SECTION 1 - ONLINE STORE TERMS

This site prohibits minors and other persons with limited capacity from using this site without the consent of a parent or other legal representative. By agreeing to these Terms, you represent that you are at least the age of majority in your jurisdiction of residence or that your legal representative who is a minor or other person of limited capacity agrees to your use of this site. Please obtain the consent of your legal representative before using the site.

You shall not use this Site for any illegal or unauthorized purpose, nor shall you violate any laws or regulations (including but not limited to copyright laws) that may be applicable to you in your use of this Site. In addition, the Company prohibits you from committing the following acts (including, but not limited to, aiding and abetting such acts) in connection with your use of the Site, except as otherwise provided for in these Terms of Use.

(1) Actions that violate or may violate these Terms and Conditions. 


(2) Resale of products for which resale is prohibited, whether for profit or financial gain, without the prior express written permission of the Company.


(3) Use of the Site beyond the scope of use approved by the Company

(4) Infringement or threatened infringement of intellectual property rights such as copyrights, honor, privacy, portrait rights, business rights, or other rights or interests of the Company or a third party


(5) Actions that cause or may cause loss or damage to the Company or a third party.

(6) Actions related to crimes.


(7) Actions that violate laws, regulations, or the internal rules of the Company or the industry association to which the customer belongs.


(8) Destroying, interfering with, or tampering with information, our systems, data, or networks that may be used in connection with this Site.


(9) Analyze the Site or the Company's system.


(10) Transmitting, crawling, or scraping spam, phishing, worms, viruses, or code of a destructive nature through the Site.


(11) Unauthorized rewriting or deletion of information stored in the Company's facilities.


(12) Use of the Site under the name of a person other than the user, pretending to have authority to represent or act on behalf of another person or organization even though that person or organization has no authority to represent or act on behalf of the user, or using the Site under the false pretense of being in partnership or cooperation with another person or organization.


(13) Actions that promote discrimination or offend public order and morals.


(14) Actions that significantly interfere with the Company's business operations, such as prolonged or repeated telephone calls or inquiries.


(15) Acts that may interfere with the Company's operation of this site.


(16) Actions similar to the above items or actions that the Company reasonably deems inappropriate as a customer.

In the event of any default or breach of these Terms and Service, we may immediately prohibit your use of the Site, in whole or in part.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse to allow anyone to use our site at any time for any reason.

You understand that your information (not including credit card information) may be transmitted unencrypted and (a) over various networks, and (b) may be modified to match and conform to the technical requirements of the connecting network or device. Credit card information is encrypted at all times during transmission over the network.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site, use of the Site, access to the Site, or contact information on the website where the service is provided, without our express written permission.

Headings used in these Terms and Service are included for convenience only and do not limit or affect these Terms and Service.

In the event of any conflict or discrepancy between these Terms of Service and any other terms, conditions, policies, and notices associated with this Site, these Terms of Serivce shall control.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible for any inaccurate, incomplete, or out-of-date information provided on this site. The materials on this site are for general information only and should not be relied upon as the sole basis for making decisions without consulting primary, more accurate, complete, or more timely sources of information. Reliance on the materials on this site is at your own risk.

This site may contain historical records. Past records are not necessarily current and are provided for your reference only. We reserve the right to change the content of this Site at any time, but we are under no obligation to update the information on this Site. You agree that it is your responsibility to periodically check this Site for changes.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices of our products are subject to change without notice.

The Company reserves the right to change or discontinue this site (or any part or content thereof) at any time and without notice.

The Company shall not be liable for any damages incurred by you or any third party as a result of any change, price change, suspension or discontinuance of the Site.

SECTION 5 - PRODUCTS OR SALES

Certain merchandise may be available only online through the website, in limited quantities, or for a limited time. These items may be available in limited quantities and may only be returned or exchanged in accordance with our Return Policy. In addition, the Company may establish separate and distinct terms and conditions of sale for each product (which will be stated on the individual product page, etc.).

When you purchase a product on the Site, you agree to provide us with current, complete, and accurate information (e-mail address, credit card number and expiration date, account information, and other information) as requested by us. You shall be responsible for any damages resulting from the failure to provide such information, and the Company shall not be liable for any such damages.

While the Company has made every effort to display as accurately as possible the colors, images, and information of the products on the Site, the Company cannot guarantee that the colors will be displayed accurately on your computer monitor, that the products will meet your expectations, or that any defects in the products will be corrected. We cannot guarantee that your computer monitor will accurately display the colors, that the products will meet your expectations, or that any defects in them will be corrected. 

If there is an error in any order submitted to us via online order, we will not honor any claim by the customer, unless the error is attributable to us.

We reserve the right, in our sole discretion, to refuse or limit orders that we deem inappropriate, such as orders that appear to be from a distributor, reseller, or sales agent.

Warranty service will be provided by the party named on the bottom in accordance with the terms and conditions set forth in the warranty and other documents, etc., accompanying the goods. Products that are not accompanied by such a warranty card or that are not covered by the warranty will be returned or exchanged only (except where legal provisions for breach of contract liability apply). The terms and conditions of the product warranty may be posted on each product page, so please check the terms and conditions carefully.

We reserve the right, but not the obligation, to restrict the sale of our products to any person, geographic region or area. We may exercise this right in certain circumstances. We reserve the right to limit the quantity of products offered. All product descriptions and prices are subject to change at any time without notice at the sole discretion of the Company. We reserve the right to discontinue the sale of any merchandise at any time. The sale or offer of any merchandise on this site is void where prohibited by law.

Please refer to each product page, as well as the Shipping Policy and other policies and regulations regarding the Site for other matters relating to the purchase, delivery, and return of products on the Site.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to reject any order placed by you with us. The Company may, in its sole discretion, limit or cancel the amount of purchases per person, per household, or per order. These limits may include orders using the same customer account, the same credit card, and/or the same billing and/or shipping address.

In the event of a change or cancellation of an order, we may attempt to contact you using the email address and/or billing address and/or telephone number provided at the time of the order. The Company, in its sole discretion,

You agree to provide us with current, complete and accurate purchase and account information for all purchases made on the Site. You agree to promptly update your account and other information, including your email address, credit card number, and expiration date. This will allow us to complete the transaction and contact you as needed.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to external tools that we do not monitor, control or input.

You acknowledge and agree that we are providing access to such external tools on an "as is" and "as available" basis, without warranties, representations, conditions or endorsements of any kind. The Company shall not be liable for any damages whatsoever arising out of or in connection with the use of the Optional External Tools.

Use of any optional tools provided through this site is entirely at your own risk and discretion, provided that you are familiar with and agree to the terms and conditions of the external provider of the tool.

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

SECTION 8 - THIRD-PARTY LINKS

Certain content and products available through the Site's services may include materials from third parties.
 External links on the Site may direct you to third party websites that are not affiliated with the Company. The Company is not responsible for examining or evaluating the content or accuracy thereof and does not endorse and is not responsible or liable in any way for any third party materials or websites or any other materials or products of third parties.

The Company shall not be liable for any loss or damage whatsoever in connection with the purchase or use of any goods and any other transactions entered into in connection with any third party website. You should carefully review and understand the policies and practices of any outside provider before conducting any transactions. Any complaints, claims, concerns or questions regarding third party products should be directed to such third party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you send us certain submissions (such as contest entries) at our request, or if you send us ideas, suggestions, plans, plans, or other materials online, by mail, email, postal mail, or otherwise (collectively, "Comments") without our request, you , You agree that we may, at any time and without limitation, edit, copy, publish, distribute, translate, or otherwise use the Comments you send us in any media. We shall have no obligation (1) to keep any Comments confidential, (2) to pay compensation for any Comments, or (3) to respond to any Comments.

We may, but are not obligated to, monitor, edit, or delete comments that we determine, in our sole discretion, to be illegal, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violate these Terms of Service. If any person claiming to be a right holder or any public organization or expert (national government, local government, credibility verification organizations stipulated in the guidelines of the Act on the Limitation of Liability for Damages of Specified Telecommunications Service Providers and the Disclosure of Identification Information of Senders, the Internet, hotlines, lawyers, etc.) points out or expresses opinions that are illegal, violate public order and morals, or infringe upon the rights of others The same shall apply to comments that have been pointed out or opinions expressed (e.g., illegal, offensive to public order and morals, infringing the rights of others, etc.).

You represent and warrant that your comments do not infringe upon the rights of any third party, including copyright, trademark, privacy, or human rights, and do not violate any obligation you owe to any third party. You also agree that your comments do not contain libelous, defamatory, or otherwise unlawful, violent, or obscene material, do not contain computer viruses or other malware that could affect the operation of this site or any associated website, or otherwise violate these Terms and service. 

You agree not to use a false e-mail address, impersonate another person, or otherwise mislead us or any third party as to the origin of your comments.

You are solely responsible for your comments and their accuracy. The Company assumes no responsibility for comments posted by you or any third party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, please see PRIVACY POLICY.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

The Site may contain typographical errors, inaccuracies or incomplete information relating to product descriptions, pricing, promotions, offers, product shipping charges, shipping times and availability. If any information on any part of the Site or any related website is inaccurate, the Company reserves the right to correct any errors, inaccuracies, or omissions at any time (including after you have placed an order) and to change or update any information or cancel any order without prior notice.

We are under no obligation to update, correct, or clarify any information (including, without limitation, pricing information) on this Site or any related website, except as required by law.

The inclusion of a revision or update date on this Site or any related Web site only indicates that some information on this Site or any related Web site has been changed or updated, but does not indicate that all information has been changed or updated.

SECTION 12 - PROHIBITED USES

If you receive a claim from or have a dispute with another customer, external provider, or other third party in connection with the Site, you shall immediately notify the Company of the details of such claim or dispute, handle such claim or dispute at your expense and responsibility, and upon the Company's request, report the progress and results thereof to the Company. 

If the Company reasonably determines that a customer has violated, is violating, or is likely to violate these Terms and Service, the Company may, without prior notice or demand, immediately suspend the customer's use of the Site, cancel the customer's order, refuse the customer's use of the Site, or take any other action the Company deems appropriate. The Company may, without prior notice or demand, take any action it deems appropriate, such as suspending the use of the Site, canceling an order for products, or refusing the use of the Site. The reason for such suspension, cancellation, refusal, etc. will not be disclosed unless the Company deems it particularly necessary.

If you commit any act in violation of these Terms of Use, you shall bear all responsibility for such act, and the Company shall bear no responsibility whatsoever, and if the Company suffers any damage, the Company may seek compensation from you for such damage (including costs for compensation to third parties, legal fees, and other costs incurred by the Company to resolve disputes, etc.). In the event that the Company suffers any damage, the Company shall be entitled to demand compensation from the customer for such damage (including compensation for damages to third parties, legal fees, and other costs incurred by the Company in resolving disputes).

The Company is committed to avoiding any relationship with antisocial forces. For this reason, customers shall use the Site only after representing and warranting that they are not antisocial forces and that they are not involved in any socially reprehensible interaction or involvement with antisocial forces, such as cooperating or participating in the maintenance, operation, or management of antisocial forces through funding or other means. If the Company determines that a customer has violated or is likely to violate such representations and warranties, the Company may, without prior notice or demand, immediately suspend the customer's use of the Site, cancel the customer's order, refuse the customer's use of the Site, or take any other action that the Company deems appropriate. The Company may take such measures as suspending the use of the Site, canceling an order for products, or rejecting the use of the Site. The Company will not disclose the reason for such suspension, cancellation, refusal, etc., except in cases where the Company deems it particularly necessary.

In no event shall we be liable for any damages incurred by you as a result of actions taken by us pursuant to this Article.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not warrant, represent, or guarantee that your use of our services will be uninterrupted, timely, secure, or error-free. We also do not warrant that the results obtained from the use of our site will be accurate or reliable.

You agree that the Company may, from time to time and without notice to you, remove or cancel service indefinitely.

You expressly agree that your use of, or inability to use, the Site is at your sole risk. You shall also investigate and comply with, at your own responsibility and expense, whether or not your use of the Site and any and all activities conducted through the use of the Site violate any applicable laws, regulations, or internal rules of any industry organization. The Company does not guarantee that your use of the Site will comply with any applicable laws, regulations, or internal rules of any industry organization.

This Site and all products, services, information, etc. provided to you through this Site are provided "as is" and "as available" for your use (unless otherwise expressly stated by the Company), and are provided on an "as is" and "as available" basis, without warranty of merchantability, merchantable quality, fitness for a particular purpose, durability, title or non-infringement, whether express or implied, and without any representations, warranties or conditions of any kind, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.

The Company shall not be liable for any loss or damage to your mobile device or computer equipment, loss or damage to information or programs recorded on such equipment, or any other disadvantage or loss to you (including infection by viruses) resulting from your use of this site. The Company shall not be liable for any loss or damage to the customer's computer or other equipment. The Company shall not be liable for any damages or losses incurred due to the inoperability or unavailability of this site due to communication or other reasons, including but not limited to support.

This site is hosted by Shopify Inc. which provides us with an online e-commerce platform for selling products and services. This site may be linked with other external services provided by third parties. However, we do not guarantee the linkage with any particular external service, and there may be cases where this site cannot be linked with an external service or where unexpected changes in the specifications of an external service may limit the use of part or all of this site (this site is not liable for any damages resulting from such linkage). In the event that the Site fails to integrate with an external service or that unexpected changes in the specifications of an external service restrict the use of part or all of the Site (including cases where unexpected behavior occurs on the Site), the Company shall not be liable for any such restriction, unless such restriction is caused by the intentional or grossly negligent conduct of the Company.

You understand and agree that advertisements may be displayed while using the Site, that such advertisements may be displayed not only by the Company but also by third-party ad-serving companies, and that third-party ad-serving companies used by the Company may use cookies and display advertisements on the Site or on external sites based on past access information to the Site or to external sites. The Company shall not be liable for any loss or damage incurred by you in connection with such advertisements.

In no event shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any lost profits, lost revenues, lost savings, loss of data, including, but not limited to, lost profits, lost revenue, lost savings, replacement costs, or similar damages, whether based in contract, tort (including negligence) replacement costs, or similar damages, including, but not limited to, any injury, loss, claim, direct or indirect, incidental, punitive, or consequential damages of any kind. In addition, we shall not be liable for any strict liability or other liability in connection with the use of any products purchased through the Site, for damages (including, without limitation, errors or omissions in content) when using our services or products, or for any use of our services or content (or products) posted, transmitted, or otherwise made available through our services or any of our services. Company shall not be liable for any loss or damage incurred as a result of the use of any content (or product) posted, transmitted, or otherwise made available via our services or through our services, even if advised of the possibility of such loss or damage.

In the event that the Company is liable for damages incurred by a customer in connection with the Site, notwithstanding the disclaimer of liability set forth in these Terms and Conditions, the Company's liability shall be limited to direct ordinary damages (not including lost profits, etc.) actually incurred by the customer, and shall be limited to an amount equivalent to the price of the goods purchased or sold that caused the damage in question. The maximum amount of our liability shall be limited to the amount equivalent to the price of the goods involved in the sale or purchase that caused the damage. However, this limitation shall not apply if such damages are directly attributable to our intentional or gross negligence. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages in whole or in part, in such jurisdictions, in addition to the above, our liability shall be limited to the fullest extent permitted by law.

SECTION 14 - ATTRIBUTION AND TRANSFER OF RIGHTS

All intellectual property rights related to the Site and Products belong to the Company or to the licensees of the Company, and the formation of a contract of use and the provision of Products to customers do not transfer or license any intellectual property rights or other rights related to the Site or Products to customers, except those expressly stated in advance in the contract of use, such as permission to use within a certain scope.  You shall not, for any reason whatsoever, engage in any conduct that may infringe upon the intellectual property rights of the Company or any other party that has granted a license to the Company (including, but not limited to, use of the Products outside the permitted scope of use, disassembly, decompilation, reverse engineering, etc.). 

Neither the Company nor the customer may assign, transfer, grant a security interest in, or otherwise dispose of to a third party the status under the Usage Contract or the rights or obligations under the Usage Contract without the prior written consent of the other party.

In the event that the Company transfers the business of this Site to a third party (whether by business transfer, corporate separation, or otherwise), the Company may transfer the status under the Usage Contract, rights and obligations under the Usage Contract, customer registration information, and other customer information to the transferee of such transfer, The customer agrees in advance to such transfer in this paragraph.

SECTION 15 - TEMPORARY SUSPENSION OF THIS SITE

The Company reserves the right to suspend or discontinue all or part of the use of this Site without prior notice to customers in any of the following cases.


(1) When the Company periodically or urgently inspects or maintains the computer system related to this Site or upgrades the version of this Site.


(2) When computers, communication lines, etc. stop due to accidents.


(3) When this Site cannot be operated due to force majeure such as fires, power outages, or natural disasters.


(4) In the event of trouble, interruption or suspension of service provision, suspension of linkage with this site, specification changes, etc. to external services


(5) In any other cases where the Company deems it necessary to suspend or discontinue the service.

The Company may change all or part of the contents and specifications of this Site as it deems necessary. The Company shall not be obligated to obtain your approval for such changes, etc., and shall notify you of the content, timing, etc. of such changes in a manner the Company deems appropriate.

The Company shall not be liable for any damages incurred by the customer based on actions taken by the Company pursuant to this Article.

SECTION 16 - USE OF INFORMATION

The Company shall acquire information regarding the manner in which customers use the Site (all information about customers that the Company acquires, such as device-specific information and device location information of mobile devices using the Site, customers' IP addresses, usage conditions, history, etc., including information on customers' activities within the Site that is acquired by using tools provided by third parties), compile statistics or aggregate data, and lFree of charge and freely available with or without linking to your personal information for the purpose of improving the Site or operating the Site appropriately (including analysis and management by itself or entrusted to a third party).However, the handling of your personal information (meaning "personal information" as prescribed by the Act on the Protection of Personal Information) shall be governed by the Privacy Policy.

SECTION 17 - ENTIRE AGREEMENT

The failure of the Company to exercise or enforce any right or provision of these Terms and Conditions shall not be deemed a waiver of such right or provision.

In the event that these Terms and Service are provided, in whole or in part, in a different language, the non-Japanese version shall be for reference only, and the Japanese version shall apply.

These Terms and Service constitute the entire agreement between the Company and you with respect to the matters contained herein, and supersede all prior agreements, representations and understandings, whether oral or written, between the Company and you with respect to the matters contained herein, except as otherwise provided in these Terms and Service.

Even if any provision of these Terms and Service or part thereof is determined to be invalid or unenforceable under law, the remaining provisions of these Terms and Service and the remaining portion of any provision that is determined to be invalid or unenforceable in part shall remain in full force and effect. The Company and the Customer shall endeavor to modify such invalid or unenforceable provision or portion to the extent necessary to make it legal and enforceable, and to ensure the intent and legally and economically equivalent effect of such invalid or unenforceable provision or portion.

SECTION 18 - GOVERNING LAW AND JURISDICTION

These Terms of Service and any separate agreements under which the Company provides this Site shall be governed by and construed in accordance with the laws of Japan. In the event that the Company and the customer file a lawsuit regarding this Site, the customer agrees to submit to the exclusive jurisdiction of the Tokyo District Court or the Tokyo Summary Court as the court of first instance, depending on the amount of the lawsuit.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You may review the most current Terms and Service at any time on the Site.

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

Your use of or access to the Site after any changes to these Terms and Service have been posted will constitute your acceptance of those changes.


SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at hello@09088135533.com.

Our contact information is HERE.