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Terms & Conditions
Legal Terms of Service
When ordering on KuSakuraShop.com
This website is operated by Seido Co., Ltd., a Japanese company based in Tokyo.
Throughout the site, the terms, "KuSaKuraShop", “we”, “us” and “our” refer to Seido Co., Ltd. KuSaKuraShop offers this website, including all information, tools, and services, available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing products and services from us, you engage in our “Service” and agree to be bound by the following terms and conditions, including additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users, who are browsers, vendors, customers, merchants, and/ or contributors of content.
Any new features or tools added to the current store will also be subject 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 to update, change, or replace any part of these Terms of Service by posting updates to our website. Major changes are introduced in the "latest news" section. It is your responsibility to check the most current version of the Terms of service at this page periodically for changes. Your continued use of or access to the website, following the posting of any changes, constitutes acceptance of those changes.
However, the conditions in place at the time of ordering remain applicable for that order.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must transmit no worms or viruses or any code of a destructive or invasive nature.
Automated systems that are designed to push html requests or alike are not allowed on this website. Using such tools may result in a temporary ban of your IP address.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
SECTION 3 - ORDER
An order is a set of products and services added to the cart and later confirmed via email. It is considered within the order all products, services, and their options selected by the customer. Additional notes and comments will not be part of the order, so requests for additional services (not included, nor paid with the order), such as additional embroidery request or product alteration request, will not be considered part of the order. By clicking on "place my order" at checkout, the customer explicitly accepts the present conditions; however, the sales contact binding KuSaKuraShop and the customer will be considered signed after the customer's payment confirmation.
1. Online order and secure payment
Online payments are made directly through a secure payment system, provided by SHOPIFY.
The client confirms his order by credit card payment (within the limits of the conditions applied by each service). This transmission is by secure https (SSL) protocol. The order is validated by the customer and will be considered effective only when payment authorizations have been granted. In case of a refusal of payment authorization, the order will be automatically canceled, and the customer will be notified by email.
2. Order via email
It is possible for anyone, who has previously created an account, to place an order by email. The order will be handled manually by our customer service and managed through the customer's account. KuSaKuraShop.com site can not be held responsible for any errors resulting from incorrect data entry.
Orders are payable via email and via the various means available on the site.
Note it is not possible to order by MAIL or PHONE.
3. Offline payment method.
It is possible to pay by INTERNATIONAL MONEY ORDER. With such payments, charges will be applied, and the time of processing (receipt of payment) will be longer. The customer must send the payment in YEN and take all transfer fees at his expense. Otherwise, an additional payment may be requested to cover bank charges.
The details of the transfer order will be confirmed by email validation control if you choose this method of payment.
All offline payments must be made payable to "Seido Co., Ltd". Any payment order not properly drafted will be refused by our bank and give rise to a processing fee.
For more information, please refer to the "Payments" page.
SECTION 4 - DELIVERY
For safety reasons, the products are delivered to the delivery address when paying online. In orders for which some items are not available, KuSaKuraShop.com can divide the order into several parcels if requested by the client(induces additional shipping charges). Delivery times correspond to the time taken by the joint action of the JAPANESE and FOREIGN end of each Carrier (Japan Post, FedEx, UPS). KuSaKuraShop.com cannot be held responsible for an eventual delay in delivery, in particular, for reasons relating to possible customs controls. Shipping fees are set at the time of ordering. The rates charged for deliveries are applied via automated order online.
For some bulky items that cannot be sent by the selected carrier and would require additional fees, an estimate will be sent by email.
In case of breach of the order or if out of stock, force majeure, disruption, or total or partial strike of postal services and transport and communication, floods, terrorist attacks, fire, acts of natural or human disaster etc. KuSaKuraShop cannot be held responsible.
KuSaKuraShop reserves the right, in exceptional circumstances, to change the delivery method for a different method than the one selected, at its own discression, but with the interest of the client in mind.
KuSaKuraShop.com cannot be held responsible for any damage to the package by the carrier. The customer must make a reclamation with the carrier when detecting anomalies in the packaging and/or on the products. These reserves are recorded on the form provided by the carrier and confirmed by registered letter with acknowledgment of receipt to the carrier. Such letter must be sent no later than two working days after receiving the package, and a copy of these claims should be sent to KuSaKuraShop.com within the 48 hours following receipt of the order.
In case of error by KuSaKuraShop.com, the customer must inform KuSaKuraShop within 48 hours of receipt of order. KuSaKuraShop.com will pay the return shipping cost, and if applicable, the refund of the order OR send an adequate product. Return costs will be refunded on the credit card used for payment within 3 business days after reception of the order or issued as a purchase coupon on the site.
KuSaKuraShop cannot be held responsible for the loss of packages by postal services. The order will be fully replaced, but loss of packages cannot entitle to any specific discount, nor to any refund of any kind.
The buyer is asked to report in a timely manner any information it may have concerning the status of the package. These information may be obtained either directly from the carrier or via the tracking number provided in the order shipping confirmation email.
Reimbursement of lost or damaged packages will be made after pre-survey (about 7 days) for express parcels and only after the conclusion of the investigation of postal services for other delivery methods (4 to 8 weeks).
Credit card refund is made directly on the card used to make payment online within 2 to 7 days.
Reimbursements following returns or order cancellations can only be granted within 45 days after payment of the order, because it is technically impossible to reimburse a credit card after this period.
If the refund was granted following an error on our part, you will be offered a purchase voucher of a value not exceeding 1.5 times the repayable amount. Such a voucher will be valid across the entire site and without time limit.
Bank transfers will not be refunded for any reason. Any compensation would be made in the form of a discount voucher.
Postal order is made when the order has been paid via this payment method within 1 to 2 weeks. Costs are to be covered by the customer, unless the issue came from an error from KuSaKuraShop.
No other method than the three mentioned above can be used for a refund.
Amounts donated during charity events are non refundable.
Read "Returns, Exchanges & Refunds Policy" for the detailed procedure.
KuSaKuraShop, the exporter, is subject to Japanese law. The customer is the importer and, therefore, is subjected to the law of the importing country.
It is the responsibility of the buyer to verify the product conformity with the legislation in their country.
KuSaKuraShop's responsibility cannot be engaged in case of noncompliance with the legislation of the country where the products are delivered. The customer is responsible for checking with the local authorities about the possibilities of importation or use of the products before placing the order.
SECTION 5 - ACCURACY, COMPLETENESS AND TIMELINES OF INFORMATION
We are not responsible if the information provided on this site is not accurate, complete, or current. The material on this site is 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 the material on this site is at your own risk.
As all our products are handmade, with natural materials for most of them; we do not guarantee the accuracy of colors or patterns shown on product pictures.
This site may contain certain historical information. Historical information is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes on our site.
All measurements are provided using the International System of Units. The imperial metric conversion tool provided is for information purpose only and might not be accurate. KuSaKuraShop.com will not be held responsible for any errors, resulting from incorrect data output and inaccuracy in conversions.
SECTION 6 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without prior notice.
We reserve the right, at any time, to modify or discontinue the Service (or any part or content thereof) without notice.
We will not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.
The minimum purchase on KuSaKuraShop.com is $40.
The sale prices of the products sold on KuSaKuraShop.com are in USD and EXCLUDE taxes. These prices are guaranteed through the purchase of a new product. All orders must be paid in USD only (automatic conversion at checkout, see: Payment).
Prices displayed in BRITISH POUND, EURO, or any other currency than the the US Dollar are only indicative, based on the official exchange rate of the day, and do not engage the responsibility of KuSaKuraShop.com.
Prices shown include no extra shipping or flat fees.
Promotional offers are valid only within the limits of available stock and special conditions applying to the offer (time limit, restriction of product, etc.)
KuSaKuraShop reserves the right to cancel any order that received a discount code that is usable, but technically outside the scope of the said code (especially discount codes used by a third party, not authorized to use the said code).
SECTION 7 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display accurately the colors and images of our products that appear at the store. We cannot guarantee your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services we offer. All descriptions of products or product pricing are subject to change without notice, at our sole discretion. We reserve the right to discontinue any product. Any offer for any product or service made on this site is void where prohibited.
The products and prices are valid for as long as they are visible on www.KuSaKuraShop.com and within the limits of available stocks. For some products not stocked in our warehouse, offers are subject to availability from suppliers. Information on availability of products are provided by KuSaKuraShop.com only. In case of unavailability, a replacement will be offered; the client retains the right to accept or reject the offer against a full refund of the product.
SECTION 8 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we change or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided xhen the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. Individuals, firms, or associations wishing to resell our products are requested to contact us first to discuss the conditions of partnership with us.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to update your account and other information, including your email address and credit card numbers and expiration dates, so we can complete your transactions and contact you as needed.
Innacuarcy of the information provided by the customer are at the customer sole responsability and any fees that might be engaged by KuSakuraShop to process and delivery the order might be charged to the customer.
SECTION 9 - OPTIONAL TOOLS
We may provide you with access to third-party tools, which we neither monitor nor have any control nor input. (ie. currency converter).
You acknowledge and agree that we provide access to such tools ”as is” and “as available” with no warranties, representations, or conditions of any kind and with no 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 you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest 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 are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
Any email sent to KuSakuraShop might be publicly disclosed, but will be anonymized.
We may, but have no obligation, to monitor, edit, or remove content we determine, in our sole discretion, is 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 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.
SECTION 11 - PERSONAL INFORMATION
SECTION 12 - 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 without prior notice (including after you have submitted your order).
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.
SECTION 13 - PROHIBITED USES
In addition to other prohibitions set forth in the Terms of Service, 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 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) to use 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.
SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that, occasonally, we may remove the service for indefinite periods of time or cancel the service, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as stated by us) provided 'as is' and 'as available' for your use, with no representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall KuSaKuraShop, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred because of the use of the service or any content (or product) posted, transmitted, or otherwise provided via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
KuSakuraShop is part of Seido Co., Ltd. The service and information provided shall not in any case induce any kind of responsability for Hayakawa Textile Industry, sole owner of the trade mark KuSakura.
All communication, orders, credit card information, or any other kind of information provided by or provided to KuSakuraShop is to the sole use of Seido Co., Ltd. and does not engage the responsability of Hayakawa Textile industry.
SECTION 15 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless KuSaKuraShop and our parent, subsidiaries, 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.
SECTION 16 - SEVERABILITY
In the event that any provision of these Terms of Service 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 of Service; such determination will not affect the validity and enforceability of any other remaining provisions.
SECTION 17 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date will survive the termination of this agreement for all purposes.
These Terms of Service are effective, unless terminated by either you or us. You may terminate these Terms of Service by notifying us you no longer wish to use our Services or when you cease using our site.
If in our sole judgment, you fail, or we suspect you have failed, to comply with any term or provision of these Terms of Service, we may terminate this agreement, without notice, and you will remain liable for all amounts due, up to and including, the date of termination, and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 18 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or regarding the The Service constitutes the entire agreement and understanding between you and us and governs 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 of Service).
Any ambiguities in interpreting these Terms of Service will not be construed against the drafting party.
SECTION 19 - GOVERNING LAW
These Terms of Service and any separate agreements, whereby we provide you Services, will be governed by and construed under the laws of Tokyo, Japan.
For the purchase of weapons, being regulated in some countries, we set the age limit at 18 years, at least, for the purchase of any weapon. When you purchase a weapon on our site, you certify that you are over 18 years of age (or any equivalent legal age in your country, if applicable). KuSaKuraShop cannot be held responsible for any use of a weapon outside of the framework of the study of martial arts.
Last update: June 1st 2018.